SAURASHTRA FREIGHT PRIVATE LIMITED
GENERAL TERMS OF ORDER
1. GENERAL TERMS :-
- Mention of GST Number, if applicable, is compulsory on
- The bill pertaining to each supply should be submitted in DUPLICATE along with acknowledged delivery Challan mentioning distinctly the Purchase Order No. and Date. Separate bills or invoices should be submitted for each order.
- Delivery Challan should be submitted in TRIPLICATE, one copy will be returned and two copies will remain with Saurashtra Freight Pvt Ltd (SFPL).
2. DELIVERY :-
- Delivery of materials or services have to be done within the time committed by the vendor. Any delays of more than 3 days beyond the committed date due to issues from the vendor’s side would be penalized. SFPL shall be entitled to debit 1% of the total Order Value per week of delay from the committed date + 3 buffer days till the date of delivery of materials or services.
3. DEEMED ACCEPTANCE :-
- Order confirmation shall be made by vendor within 72 hours from date of communication from SFPL. Any non – communication from vendor’s end shall be treated as Deemed Acceptance of Order and vendor shall be binding by all terms and conditions.
4. REJECTION AND TERMINATION :-
- The materials or services ordered shall be supplied exactly as per the specifications, make, workmanship and standard quoted by the vendor, and or mentioned in the Order. In case of repeat order, the materials or services shall be exactly of the same specifications, make, workmanship and standard as earlier delivered, unless otherwise specified.
- SFPL reserves the right to disapprove or reject the materials or services wholly or in part wherein the specifications, make, workmanship or standard is not approved by the user department whose decision in all cases shall be final and binding.
- Any materials or services so rejected must be replaced immediately as per instruction, by the vendor at its own cost. If it is not replaced, cost of such materials or services will be deducted from the vendor. Once the information of rejection is passed to the vendor the risk of the materials or services automatically passes to the vendor.
- In case the particulars covered in the Order are rejected and not removed by the vendor within 48 hours, SFPL reserves the right to recover storage, handling and other charges as may be applicable from the vendor.
- SFPL reserves the right to blacklist any vendor from conducting future businesses without giving any prior notice or reason for the same.
5. PAYMENT :-
- All payments shall be made only on Wednesdays, falling consequent to due date of the bill.
6. CONFIDENTIALITY :-
- SFPL uses the data provided by the vendors for its internal requirements as a part of vendor relationship. SFPL may use the data for communications and notifications. The data can be also shared with SFPL controlled affiliates and subsidiaries; and with vendors working on behalf of SFPL, when required by law or to respond to legal processes, to protect the customers of SFPL, to protect lives, to maintain security of services, and to protect the right of property or company. SFPL is committed to protecting the security of its vendors’ data.
7. VOIDABLE CLAUSE :-
- The Order is voidable at the hands of SFPL if there is violation at any point of the provisions of Indian Contract Act, terms and conditions of Order or the SFPL Partners’ Code of Conduct (Link : https://www.saurashtrafreight.com/partners-code-of-conduct).
8. DAMAGE CLAIM :-
- For the purpose of this Order, ‘Loss’ shall mean and include any and all liability, loss, damage, claim, fine, penalty, obligation or injury including without limitation of those resulting from any and all actions of the vendor. It shall also include costs of suits, proceedings, demands, assessments, judgements, awards or arbitrations, together with reasonable costs and expenses including attorney’s fees and other legal costs and expenses relating thereto.
9. INDEMNITY :-
- In case of gross negligence or wilful misconduct, vendor shall indemnify against all claims, loss of business, loss of income, damages, liens, judgements, penalties, attorneys, consultant fees, expenses and/or liabilities arising out of/involving SFPL. Clause of Arbitration and Conciliation can be linked hereto.
10. JURISDICTION :-
- If for any dispute, amicable settlement is not reached upon discussions between SFPL and the vendor within 30 days from the date of first communication, then the dispute shall be finally referred to a sole arbitrator for settlement in accordance with the provisions of Arbitration and Conciliation Act, 1996. The cost incurred shall be borne by SFPL and the vendor in equal proportion. Arbitrator’s award shall be final and binding on both the parties. The language of arbitration shall be English and the venue of arbitration shall be Mumbai or Gujarat.
- All disputes arising out of the Order would be under Mundra Jurisdiction.