Terms & Conditions


Application and entire agreement


  1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Pal Frozen Foods a Partnership firm within the meaning of the Indian Partnership Act,1932 presently having its office at Palam City, Rampur Road, Haldwani, Dist.- Nainital, Pin 263139.

  2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

  3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.


Interpretation


  1. A "business day" means any day other than a Saturday, Sunday or bank holiday.

  2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

  3. Words imparting the singular number include the plural and vice-versa.


Goods


  1. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

  2. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.


Price


  1. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

  2. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

  3. Any increase in the Price under the clause above will only take place after we have told you about it.

  4. You may be entitled to discounts. Any and all discounts will be at our discretion.

  5. The Price is exclusive of fees for packaging and transportation / delivery.

  6. The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.


Cancellation and alteration


  1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

  2. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 7 day only from the date shown in it unless expressly withdrawn by us at an earlier time.

  3. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.


Payment


  1. We will invoice you for the Price either:

    1. on or at any time after delivery of the Goods; or

    2. where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

  2. You must pay the Price as 50% of total amount at the time of confirmation of order and rest before dispatch.

  3. If you do not pay within the period set out above, we will suspend any further deliveries to you.

  4. Time for payment will be of the essence of the Contract between us and you.

  5. All payments must be made in INR unless otherwise agreed in writing between us.

  6. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.


Delivery


  1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.

  2. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

  3. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 10 am to 5 pm.

  4. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

    1. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

    2. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

    3. after completion of delivery time, we will charge the storage cost as per current market price.

  5. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

  6. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

  7. We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.


Inspection and acceptance of Goods


  1. You must inspect the Goods on delivery or collection.

  2. If you identify any damages or shortages, you must inform us in writing within 2 days of delivery, providing details.

  3. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

  4. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

  5. We will be under no liability or further obligation in relation to the Goods if:

    1. if you fail to provide notice as set above; and/or

    2. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

    3. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

    4. the defect arises from normal wear and tear of the Goods; and/or

    5. the defect arises from misuse or alteration of the Goods, negligence, willful damage or any other act by you, your employees or agents or any third parties.

  6. You bear the risk and cost of returning the Goods.

  7. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day after delivery.


Risk and title


  1. The risk in the Goods will pass to you on completion of delivery.

  2. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

  3. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

  4. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.


Termination


  1. We can terminate the sale of Goods under the Contract where:

    1. you commit a material breach of your obligations under these Terms and Conditions;

    2. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

Communications


  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).

  2. Notices will be deemed to have been duly given:

    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

    2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;


All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Law and jurisdiction


  1. These Terms and Conditions are governed by and interpreted according to Indian law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the Haldwani courts.