General

The Seller agrees to sell and the Buyer agrees to purchase the Goods in accordance with the Purchase Order. The Contract includes Order Amendments, Purchase Order, and these Conditions.

Seller’s terms do not apply. Delivery of goods implies acceptance of Buyer’s terms.

Quality & Description

Standards: Goods must meet all PO specifications and standards.

Condition: Goods must be new and not older than 18 months unless stated.

Packing: Must be in original manufacturer packaging unless agreed.

Ownership: Seller guarantees clear title and no encumbrances.

Termination

Buyer may terminate the order at any time with written notice. Charges will be mutually agreed.

Order terminates automatically if Seller becomes insolvent or bankrupt.

Definitions

Buyer: Formix International

Seller: Supplier of goods/services

Goods: Materials/services in contract

PO: Purchase Order document

Inspection of Goods

Buyer has the right to inspect and reject non-conforming goods.

Seller must refund payment and bear all costs if goods are rejected.

Publicity

Seller cannot use Buyer’s name/logo or disclose order details without written consent.

Compliance

Seller must ensure all goods are sourced legally and comply with laws.

Purchaser’s Property

Ownership transfers to Buyer upon delivery or payment.

Goods held by Seller must be insured and marked as Buyer’s property.

Documentation

Seller must provide all technical documents required for product use.

Payment

Payment is due within 30 days of invoice receipt unless agreed otherwise.

Invoice must include correct Purchase Order number.

Invoices

Invoice must include:

  • Purchase Order Number
  • Part Number
  • Description
  • Date Code
  • Quantity
  • Unit Price
  • Total Price
Limitation of Liability

Buyer’s liability is limited to amount paid for goods/services.

Buyer is not liable for indirect or consequential damages.

Severability

Invalid provisions do not affect the rest of the agreement.

Pricing

Goods must not exceed agreed price unless approved in writing.

Indemnification

Seller must indemnify Buyer against all claims, damages, and legal costs arising from goods or services.

Waiver

Failure to enforce terms does not waive future enforcement rights.

Packaging

Goods must be packed as specified or in a way that prevents damage.

Packing list must include part number, quantity, manufacturer, and origin.

Shipping & Delivery

Goods must be shipped as per Buyer instructions.

Seller bears responsibility for delays, wrong delivery, and damages.

If delivery fails, Seller must refund Buyer in double.

Intellectual Property

Seller guarantees goods do not infringe any intellectual property rights.

Risk in Transit

Seller bears all risk until goods are received by Buyer.

Governing Law

Governed by laws of Mumbai, India.