Terms & Conditions
1 DEFINITIONS
In these conditions "The Company" means “SHAROFF TECHNOLOGY” a concern of Sharoff group owing multiband steel Portal “www.steelneeds.com”( An Online Steel Service provider) , "The Buyer" means any company, firm or individual from whom the Company received an order which the Company has accepted [online confirmation or Purchase Order in writing]; "the Goods" means the products, materials and / or services to be supplied by the company.
2. APPLICABILITY OF CONDITIONS
The Company accepts orders for the supply of Goods subject only to these conditions. The Buyer accepts that these conditions shall govern relations between himself and the Company to the exclusion of any other terms including without limitation, conditions and warranties (written or oral, expressed or implied) even if contained in any of the Buyer's documents which purport to provide that the Buyer's own terms shall prevail. No variation or qualification of these conditions or of any quotation or order arising there from shall be valid unless agreed in writing between the parties.
3 PRICE
Unless fixed prices have been specifically agreed by the Company, notwithstanding any offer, quotation, stock lot price or price list all prices are subject to alteration without notice. Goods will be invoiced at prices ruling at the date of dispatch.
All prices are quoted are inclusive of excise Modvat (ED) and exclusive of Value Added Tax ("VAT") VAT will be added to all invoices at the rate applicable on the tax point date which date shall be the date of invoice. Where before delivery or the date of the invoice, whichever is the earlier, the Goods become subject to any additional duty, VAT or any other tax or surcharge, in excess of the sum specified for such liabilities in the Company's quotation or invoice, the Buyer shall be charged and will pay such extra duty, tax or surcharge.
4 TEST CERTIFICATE
The Company shall not be required to supply test certificates unless the same are requested a reasonable time before delivery, Test Certificates would be provided in advance only if is available but would be made available within a week from the date of dispatch.
5 QUANTITY TOLERANCES
All delivered orders are subject to a tolerance of plus or minus five percent (5%) of the quantity ordered. The Company shall be deemed to have fulfilled its contract if the Goods delivered fell within this tolerance.
6 DELIVERIES
Delivery shall be deemed to be effective when the Goods are loaded from our warehouse and required dispatch details are provided to the Buyer at the delivery address nominated by the Buyer or his agent for delivery. The Company reserves the right to deliver goods by installments and in such event each installment shall be treated as a separate contract provided that deliveries of further installments may be withheld until the delivery charges of the next installment is paid in advance.
7 TIME FOR DELIVERY
Any periods of time quoted or accepted by the Company for dispatch, delivery or completion of the order are to be treated as estimates only, not involving the Company in any liability to the Buyer in respect of loss suffered as a result of failure to dispatch, deliver or complete within such a period of time.
8 STORAGE
If the Company does not receive forwarding instructions sufficient to enable dispatch to be made within 14 days after notification that the goods are ready for dispatch the Buyer shall be deemed to have taken delivery and the Company may (without prejudice to any of its other rights) dispose of the Goods ordered at the best price reasonably available or may arrange for storage of the Goods at the premises of the Company or elsewhere as the Company may so determine at the cost of the Buyer. The Company's store keeper's receipt or that of any third party warehouse or a similar depository shall be deemed valid for all purposes including without limitation claiming payments under any relevant letter of credit as if it were the Buyer's receipt for a clean bill of lading or other document as is called for to evidence or effect delivery of the Goods.
9 CLAIMS
Notice of any claim relating to shortage or damage to the Goods shall be made to the Company in writing within 24 hours of receipt of the Goods. In the event of loss or non delivery of the Goods the Customer shall notify the Company in writing immediately on receipt of the delivery advice note.
The Company will consider claims only if the above conditions are met and the claim is signed by the Customer and accompanied by full particulars giving the invoice and Company's order number and, the copy of the delivery note in respect of the Goods which, in the case of shortage or damage to the Goods must bear an appropriately qualified signature, for example "material received damaged, (signed)"
Our Weighment is final and Weight tolerance of 5kgs per 1000kgs as weigh bridge to weigh bridge difference should be accepted by the buyer, beyond this tolerance it could be claimed and mutually settled, Allowance for claims for short weight may be made if considered appropriate by the Company provided always that the Company is given an opportunity to verify the same within 3 days of the claim being made. The Company's liability hereunder in respect of any shortage, loss or damage to the Goods shall be limited to the proportion of the price attributable to the Goods lost or damaged.
10 VARIATIONS
(a)If the Company makes a variation to the Goods in any way from the agreed specification at the Customer's request or pursuant to any legal requirement the Customer shall pay in addition to all other sums payable under this contract the cost of the variation insofar as the same increases the cost incurred by the Company in performing this contract.
(b)The Contract Price is based on costs current at the date of this Contract. If during the period between the contract date and the date of actual delivery such costs are increased to the Company the Customer shall pay such additional sum as incurred by the Company in performing this contract.
11 PAYMENT TERMS
Companies RTGS detail would be provided to Customer against confirmation of order, Buyer need to provide UTR number within 48 hrs to enable Company to arrange dispatch of materials or if Customer provide Cheque as payment option materials would be delivered only against clearance of the instrument from the bank which would take 48 hrs from date of Cheque.
Unless otherwise agreed mutually in writing Payment terms is advance payment vide online RTGS payment or by Cheque, if customer prefer to make “Letter of Credit” then the customer has to mutually take prior permission in writing from the company and has to bear the cost involve for documentation, Interest etc, All bank charges shall be to the account of the Buyer
12 RISK AND TITLE
Risk passes to the Buyer on delivery of the Goods.
13. WARRANTY
Steelneeds.com is mediating between the manufacturer and Buyer so all risk and warranty would be directly with the manufacturer. The Company warrants that the Goods are within its usual mill tolerances as to qualify and finish and shall replace or at its option refund the purchase price applicable of any Goods which do not in its sole opinion comply with this warranty. Provided always any claim under this warranty is made within 3 days of delivery of the Goods alleged to be defective. The Buyer assumes responsibility for the capacity or performance of the Goods being sufficient and suitable for their intended use. No warranty, condition or representation is given or made as to the quality of the Goods supplied hereunder their condition or their fitness for any particular purpose and any such warranty, condition or representation whether expressed or implied whether by statute, by collateral agreement or from otherwise is hereby excluded. Company would take warranty with regards to Chemical composition, Physical, Mechanical or Ultrasonic test (UT) it has to be represented directly to the concern Manufacturer of the goods or materials.
14. CANCELLATION BY THE BUYER
The Buyer may cancel or suspend the contract only with the Company's prior written consent following agreement by the Buyer to reimburse the Company in an amount to be determined by the Company.
15. TERMINATION BY THE COMPANY
The Company shall (without prejudice to any of its other rights hereunder) be entitled to terminate any contract forthwith by written notice to the Buyer if the Buyer shall:
a) Fail to arrange payment within 24 hrs of confirm order
b) Commit a breach of any item of the contract or any other contract with the Company.
16. LIMITATIONS OF LIABILITY
The Company shall not be liable for any expenditure loss (including without limitation economic indirect and consequential loss) damage or injury arising out of any use or dealing with the Goods howsoever such expenditure loss damage or injury shall arise and whether from any defect in the Goods or otherwise.
17. FORCE MAJUERE
In the event of the Company being delayed in or prevented from performing its obligations hereunder owing to any cause whatsoever beyond the Company's control including without limitation act of God, war, strikes lockouts, trade disputes, difficulty in obtaining workmen or materials, breakdown of equipment, or any other cause, the Company will not be liable for any loss damage or expenses incurred and shall be at liberty to cancel or suspend the contract without incurring and liability arising there from, and the Customer shall not be entitled to terminate the contract.
18. LAW AND INTERPRETATION
This contract represents the entire agreement between the parties and supersedes all earlier warranties representations or statements (whether oral or in writing) and may only be varied or amended in writing between the parties.
The headings of each provision are intended to be for convenience only and do not affect the interpretation thereof.
The contract shall be deemed to be a contract made in Chennai and shall be construed according to the law of Chennai. Any dispute shall be referred to an English court which shall have sole jurisdiction.