TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES
Ansini Foods Private Limited, is the owner of the brand malpefoods and the website www.malpefoods.com
DEFINITIONS :
In this document the following words shall have the following meanings:
Order” means your order for the Goods, as set out in your purchase order form.
“Goods” means the goods (or any part of them) set out in the order/ means the articles specified in the Proposal;
“Contract” means customer purchase order. Each customer order is a separate purchase contract
“Consumer”/”Customer” means any person or company who purchases Goods and Services from the Supplier;
“Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
“Services” means the services specified in the Proposal;
“Supplier” means any person or company who supplies Goods and Services to Consumer”/”Customer.
“Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
“Proposal” means order that constitutes an offer by consumer to supplier of the goods.
GENERAL
These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
THE ORDER
The order constitutes an offer by consumer to supplier of the goods in accordance with the conditions. The consumer is responsible for ensuring that the terms of the order and any applicable specification are complete and accurate.
A minimum order quantity to be agreed with company.
The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.3.
All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
All the Orders for the Goods and Services may be placed over website /mobile applications/ over phone etc.,.
PRICE AND PAYMENT
The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges. Cost of transportation shall be borne by the Customer unless specified/agreed otherwise.
Payment of the full invoice value due here under shall be due (without any right of set-off) immediately unless separately agreed in writing with the Company.
If the Customer fails to make any payment within the specified/earlier agreed days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2.00% per month on the outstanding amounts.
The supplier reserve the right to withdraw any credit facilities and suspend deliveries if circumstances arise with in our view oblige us to do so.
DELIVERY
The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
All risk in the Goods shall pass to the Customer upon delivery.
Any Services specified in the Proposal that operate for a period of time will be provided for a maximum period of 12 months unless a shorter time period is specified on the proposal. The Customer will then be invited to renew the Services at the prevailing rate as specified by the Supplier.
All the deliveries are done through the suppliers/ companies transport means unless specified in the order by the customer.
Customer will have the liberty to pick up the Goods & services from the suppliers/ Companies delivery point at their own cost & risk.
DAMAGES/RETURNS
No goods are offered on a sale or return basis. Our representatives are not authorised to accept orders on a sale or return basis.
The Company warrants that the goods supplied by it are of merchantable quality.
If goods are found to be defective after delivery to the customer, the Company will at its option either replace the defective goods or refund to the customer a sum equivalent to the price paid provided that in view of the perishable nature of the goods, written notice of defect is delivered to the Company within 6 hours of delivery.
The Company’s warranty shall not apply to any goods:
Which have been tampered with in any way outside the Company’s control or
Which have been stored in unsuitable conditions or
Which have been subject to misuse, negligence or accident or
The quality of which has in any way been impaired as a result of the act or omission of the customer or it’s servant or agent or
Defects which have not been reported to the Company and facilities for inspections provided to the Company within 6 hours of delivery or
Defects which have not been reported prior to the unloading of the goods (save as to inherent defects incapable of detection prior to unloading) or
Does not apply to goods which have been further processed after leaving the companies control.
In the unlikely event of a customer complaint, the Company demands that all complaints are full substantiated before an investigation will be carried out.
TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
Co-operate with the Supplier;
Provide the Supplier with any information reasonably required by the Supplier;
Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
SUPPLIER’S OBLIGATIONS
The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
CANCELLATIONS AND REFUNDS FOR GOODS ONLY
Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 6 hours of delivery and return the Goods to the supplier within 6 hours of notifying the supplier. Once the supplier has confirmed the Goods are faulty or do not comply with any of the contract the Customer shall be entitled to replacement Goods or a full refund.
The Customer may cancel an Order by notifying the Supplier in writing (an email is an acceptable form of writing) or on the Company’s web-site / mobile app (through individual/corporate login) at the address above before the delivery / generation of invoice any deposit paid or payment made will be refunded in full.
If the Customer fails to cancel the order before despatch of goods, any deposit paid may not be returnable.
CANCELLATIONS AND REFUNDS FOR SERVICES ONLY.
Company Incorporations (Formation) are not subject to cancellation or refund due to their irreversible nature. In the event that the Supplier makes an error when forming a Company this will be rectified as permitted by the Companies Act 1985 and subsequent amendments to this act but not exceeding the limitations specified in clause 12.1. In the event that the Customer makes an error the Supplier will offer no cancellation or refund.
The Customer may terminate the Services by giving 30 days notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding usage and other charges have been invoiced (usually within 30 days of termination) and paid in full. Any setup fees or Services charge will be retained by the Supplier.
The Supplier may terminate the Services by giving 30 days notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding usage and other charges have been invoiced (usually within 30 days of termination) and paid in full. Any unused Services charge will be returned to the Customer based on any outstanding full months left to run on the contracted period but not exceeding 12 months, subject to clause 11.2
The Supplier reserves the right to terminate the Services without notice or refund if any of these terms have been breached or if it is the Suppliers belief that the Services are being used with fraudulent or criminal intent. Upon termination of Services, you must take all reasonable steps to notify all your contacts using this office of your new address, telephone number(s) & fax number(s) or the termination of use of your address, telephone number(s) or fax number(s). Failure to notify your contacts after termination may result in further fees or charges.
The appropriate set-up fee, holding deposit & Services fees are payable in advance. If the Services fee are not paid when due, the Services may be suspended without notice, until such payment is made. For any mail forwarding services all mail items received by the Supplier shall be held and can only be collected or forwarded when such payment is made.
Once Services have been terminated reinstatement of Services is strictly subject to the Suppliers approval. Such a service will be deemed as a new service and a new setup fee, deposit and service fee is payable. The amounts char++ged and the Services provided may differ from the original Services and additional terms & conditions may be imposed.
To receive the Services you must provide the Supplier with a proper contact address and telephone details. You must inform the Supplier immediately in writing (an email is an acceptable form of writing) of any changes to your contact details, including your email address, or change requests to your Services. We reserve the right to suspend or terminate your service if we are unable to contact you appropriately.
All mail items received and business information acquired by the Supplier is treated as commercially confidential and will not be disclosed to anyone outside of the Suppliers Company or partner companies used in the provision of your Services. The Supplier reserves the right, however, to provide information to the police or other investigative bodies where it the suppliers belief that Services provided are being or have been used for criminal or fraudulent purposes.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of India and the parties hereby submit to the exclusive jurisdiction of the Indian courts.