TERMS & CONDITIONS OF SALE
PLEASE READ THESE TERMS CAREFULLY.
1 INTERPRETATION
1.1 “the Company” means Aloe Global.
1.2 “the Buyer” means the person, firm or company to whom goods are supplied subject to these Conditions.
1.3 “the Goods” means the items, goods or materials supplied by the Company to the Buyer subject to these Conditions.
1.4 “the Contract” means any agreement for the purchase of Goods by the Buyer.
2 EXISTENCE OF CONTRACT
2.1 (a) No binding contract shall be created by the placing of an order by the Buyer, unless and until the Company confirms its acceptance. (b) Any variation of these Conditions shall not be valid unless expressly accepted by a director of the Company in writing. (c) No verbal representation by any employee or agent of the Company shall form part of the Contract between the Company and the Buyer nor shall they be treated as constituting a representation on the part of the Company. (d) Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
3 PRICE
3.1 Unless otherwise stated, prices quoted are exclusive of value added tax or any similar taxes or duties levied by any Government on the value of the Goods. Those charges would be added additionally on Goods base price.
3.2 The price to be paid for the Goods shall be that agreed by the company and the buyer.
4 ADDITIONAL TERMS FOR WHOLESALE ORDER
4.1 PAYMENT
4.1.1 50% of the total price of the Goods shall be paid by the date stated for payment on the invoice sent by the Company.
4.1.2 For the purposes of the provisions contained in this Condition 4 only, time shall be of the essence of the contract.
4.1.3 Remaining 50% of payment shall be payable before the company deliver a goods to the Buyer.
4.1.4 Transport charges shall be paid by Buyer
4.2 DELIVERY
4.2.1 Delivery of the Goods shall take place by transport at the buyers premises or at such other location as may be agreed.
4.2.2 Times quoted for delivery of the Goods are intended as estimates only and are not therefore to be treated as being of the essence of the Contract.
4.2.3 The Company shall not be liable in any way for any direct or indirect loss, damage or expense (including loss of profits and liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in delivery.
4.2.4 Deviations in the quantity of the Goods delivered from that stated in the acceptance of order shall not give the buyer any right to reject the Goods or to claim damages and the Buyer shall be obliged to accept and pay at the Contract rate for the quantity of Goods del
4.3 DAMAGE, SHORTAGE AND LOSS IN TRANSIT
4.3.1 The Buyer shall carefully inspect the Goods on delivery and having verified that the quantities are correct and sign the delivery note accordingly.
4.3.2 No liability in respect of Goods found to be damaged on delivery, or, had a careful inspection been carried out by the Buyer on delivery, which would have been found to be damaged, or for shortages, or for non-compliance with their description, will be accepted by the Company unless written notice thereof is received by the Company within 24 hours of delivery.
4.3.3 The Company shall accept no liability should a delivery note be claused “Signed Unchecked”.
5 WARRANTY
5.1 The Company’s liability to the Buyer for any breach of its obligations shall not in any event exceed the Contract price and the Company shall be under no liability for any consequential or indirect loss suffered, or liability to third parties incurred, by the Buyer. The Buyer shall use its best endeavors to ensure that users observe and comply with any warnings directions and instructions contained on or supplied with the Goods (including packaging). Without prejudice to any other provisions of this Agreement the Company shall not be liable for any failure by the users of the Goods to observe and comply with the aforesaid warnings, directions and instructions or for any unauthorized use by users.
5.2 Subject to the provisions of this Condition 5, all warranties and conditions whether applied by statute or otherwise are hereby excluded
6 FORCE MAJEURE
The Company shall not be liable for failure to deliver the Goods or for failure to comply with the Contract in any other respect by reason of force majeure or any circumstance howsoever arising outside the reasonable control of the Company including, but without limitation to the generality of the foregoing, any industrial action, strikes, lock-outs, shortages of labor, breakdown of machinery, non- availability of supplies of stock, materials or parts, delay in delivery to the Company of goods or materials, civil commotion, riots, war, breaking off of diplomatic relations, fire, explosion, accident, sabotage, storm, flood, earthquake, snow, fog, subsidence, pestilence or epidemics or compliance with any directive, request or order of any person with actual or apparent governmental (or other public) authority, Government action or legislation or regulation or any Act of God and inability to obtain fuel, power or transportation. Such failure shall not affect the obligation of the Buyer to pay for Goods already delivered.
7 INTELLECTUAL PROPERTY
No right or licence is granted under the Contract to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use or to resell the Goods but no warranty is given as to whether such use or resale will infringe the rights of any third party.
8 LAW AND JURISDICTION
These Conditions and the Contract shall be governed in all respects by the Laws of India and any dispute hereunder shall be subject to the non-exclusive jurisdiction of the Indian Courts.
