terms & conditions
- Signing of Sales Contract : The Sales Contract Should Be Duly Signed and Uploaded on App and send through mail in App, within 3 Working Days, From The Date Hereof and Failure to Which, Contract Terms & Conditions Will be Deemed Binding On Both the Buyer & the Seller.
- Advance Payment : Advance to be made within 3 working days, from The Date Hereof And Failure To Which, Contract Terms And Conditions Will Be Deemed Binding On Both The Buyer And Seller. If Seller Does Not Receive The Advance Payment Within The Contractual Period Then The Seller Reserves The Right To Cancel The Contract With Out Any Further Intimation.
- Balance/Full Payment :In case of Cash against Documents through Bank, Documents to be released OR otherwise balance/full payment to be made by the Buyer latest in 3 days of container arrival at Port of discharge. Failing Which Seller Reserves The Right To Sell The Material To Other Buyer And Claim All Expenses/Losses Arising Due To The Same From The Buyer. Upon Receipt of Full Payment, Original Documents (BL, Invoice, Packing List, Certificate of Origin, Insurance etc.) will be dispatched to Buyer address directly through courier.
- Weight & Quality: Weight Shortage Tolerance of (+/-) 0.5% is acceptable. In Case Of Any Claim Due To Non-Compliance Of Quality Or Weight Shortage, The Claim Has To Be Settled By Both Parties With A Supporting Report, Photo Or Related Sample. During Negotiation Period, The Buyer Is Not Allowed To Use Or Resell The Goods. However, The Buyer Shall Notify The Seller In Written Within 5 Days Upon The Arrival Of The Goods At The Destination Port As Stated In The Bill Of Lading. If The Buyer Fails To Do So Within The Specified Period, The Buyer Shall Be Deemed To Have Waived The Claim Against Any Discrepancy Of The Goods. In any case, Seller will not be responsible for any loss or damage which is consequential or otherwise caused by difference in quality. Seller shall be responsible to the extent of difference in quality only.
- ICD Charges : In case of ICD ports or Dry ports or CFS, Inland HAULAGE Charges And All Clearing and Forwarding including Transportation Is To The Buyers Account and Our Delivery & Insurance Is Up to First Main Sea Port of the Country or neighboring Country only, where Main Vessel of Discharge Port Arrives.
- Taxes & Expenses : All Taxes, Custom Duties, Port Charges, Custom Clearance, Terminal Handling Charges or Any Other Charges/Duties etc Levied at Discharge Port/Final Destination is to Buyers Account.
- Detention / Demur-rage / Ground Rent : BL to mention free days (3-14) as permitted by shipping line at final destination for buyers to pick up, discharge and return the containers. Any container detention, after free period, as levied by shipping line/agent to buyers account and will be paid directly by buyer to concerned parties. Buyer is responsible for returning the container back to shipping line/concerned authority after discharging material. Ground rent (as levied by container yard or container freight station or concerned authority) on containers to buyers account and will be paid directly by the buyer to concerned parties. Container Damage : All claims for damages of containers to be settled directly between buyer and shipping company/concerned authority.
- Limitation of Liability : The Seller’s maximum liability to Buyer Arising From This Contract Shall be Limited to This Contract Value. Seller Shall Not Be Responsible For Any Incidental Loss Arising Out of Non Supply of Material or Delay in Supply or Discrepancies in the Material or its Quality etc.
- Risk of Title of Goods : All Cargo Risks Shall Pass from Seller to the Buyer As Soon As the Goods Crosses the Rails of Vessel at the Loading Port, however, Title of the Goods Passes From Seller to Buyer Upon Receipt of Full Payment by the Seller.
- New Taxes or Fees : New or increased taxes, duties, tariffs, insurance premiums, port charges, handling charges or other similar fees and levies, which arise after making the offer or entering into the contract and which affects the goods offered or sold shall be paid by the Buyer.
- Shipment Delays : The Seller shall endeavor to meet the Buyer’s delivery requirements but shall not be liable for any loss or damage direct, consequential or otherwise caused by any delay in delivery. If the time of delivery has been considerably exceeded due to circumstances for which the Seller is responsible, the Buyer shall however be entitled to terminate the contract with respect to undelivered quantities. Should delay in delivery be caused by any act or omission of the Buyer, the Seller shall be entitled to defer the delivery time to a reasonable extent. Should the delay caused by the Buyer be excessive, the Seller shall be entitled to cancel the Contract wholly or partially and to get compensation from the Buyer for cancellation costs and loss of business profit etc.
- Bank Charges : All buyers and intermediate bank charges to buyers account and Seller bank charges to Seller’s account.
- Documents List : To be given to buyer once 100% Payment received:
- Commercial Invoice
- Original Bill of Lading – or it can be Telex Released immediately on receipt of full payment.
- Packing List
- Certificate of Origin – On our Company Letterhead
- Annex VII / PSIC / CCIC / Form 6 or Form 9, as Applicable to Buyer Country
- Right to Claim : Should Buyer Fail to Fulfill above Conditions, Seller has Full Right to Claim All Losses Incurred in Due Course.
- Declaration : We hereby confirm that the loaded material are free from hazardous materials and does not contain any types of arms, ammunition, mines, shells, cartridges, radioactive, contaminated or any other explosive materials in any form either or otherwise.
- Arbitration for Discrepancies in Quality of Goods : This contract shall be governed by international trade practices dictated by ISRI. However, in case of any dispute which are not settled amicably, arbitration by BIR will over rule and will be bound on both parties.
- Jurisdiction : The Contract Shall be Prepared as per the Details of The Offer Posted and Negotiated. Any dispute shall be subject to law of Selling Company’s Country and shall be settled in its Courts only.
- Decision : Of the Seller shall be Final with Regard to this Contract of Business.
** By Buying Material On The Metalmann App, User Agrees to Above Terms & Conditions