TERMS AND CONDITIONS OF SALE
1 Quotations
All quotations issued by Formix are subject to product availability, prior sale, manufacturer allocation, market fluctuations, and supplier confirmation.
Unless otherwise stated, quotations remain valid for the period specified in the quotation.
2 Order Acceptance
Orders shall become binding only upon written acceptance by Formix.
Formix reserves the right to refuse or cancel any order due to product unavailability, pricing errors, regulatory restrictions, credit concerns, or circumstances beyond its reasonable control.
3 Pricing
All prices are subject to change without notice until order acceptance.
Applicable taxes, duties, freight charges, insurance charges, banking charges, and governmental levies shall be borne by the customer unless specifically agreed otherwise in writing.
4 Payment Terms
Payment terms shall be as specified in the quotation, invoice, or purchase order acknowledgment.
Failure to make payment when due may result in shipment delays, suspension of deliveries, cancellation of orders, or additional charges.
5 Delivery
Delivery dates are estimates only and are dependent upon supplier schedules, logistics providers, customs clearance, and other factors beyond Formix's control.
Formix shall not be liable for delays caused by manufacturers, freight carriers, government agencies, natural disasters, labour disputes, pandemics, or other force majeure events.
6 Inspection and Acceptance
Customers shall inspect all products immediately upon receipt.
Any discrepancies relating to quantity, shipping damage, or incorrect products must be reported in writing within seven (7) days of receipt.
Products not rejected within this period shall be deemed accepted.
7 Returns and Cancellations
No return shall be accepted without prior written authorization from Formix.
Returns may be subject to manufacturer approval, inspection, testing, and applicable restocking charges.
Special orders, non-cancellable/non-returnable (NCNR) items, custom products, and products procured specifically against customer requirements cannot be cancelled or returned.
8 Product Traceability and Quality
Formix maintains quality management processes designed to support product authenticity, traceability, and compliance with customer requirements.
Available traceability documentation will be provided as agreed at the time of order placement.
Customers shall communicate any special quality, testing, traceability, regulatory, or documentation requirements before order acceptance.
9 Counterfeit Parts Prevention
Formix operates a Counterfeit Parts Prevention Program in accordance with its Quality Management System.
Products are sourced from approved suppliers and subjected to risk-based verification processes.
Any suspected counterfeit product shall be immediately investigated and controlled in accordance with established procedures.
10 Warranty
Formix warrants that products supplied will conform to the specifications provided by the original manufacturer at the time of shipment.
Except as expressly stated herein, Formix makes no other warranties, whether express or implied, including warranties of merchantability or fitness for a particular purpose.
11 Limitation of Liability
Under no circumstances shall Formix be liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, production downtime, business interruption, loss of contracts, or loss of goodwill.
Formix's total liability arising from any transaction shall not exceed the value of the products supplied under the relevant order.
12 Export Compliance
Customers shall comply with all applicable export control laws, sanctions regulations, customs requirements, and trade compliance obligations.
Products shall not be exported, re-exported, transferred, or used in violation of applicable laws.
13 Force Majeure
Formix shall not be responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, governmental actions, epidemics, transportation disruptions, supplier shortages, labour disputes, or utility failures.
14 Intellectual Property
All trademarks, product names, logos, technical data, and related materials remain the property of their respective owners.
Nothing contained herein grants any license or intellectual property rights to the customer.
15 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
Any disputes arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
16 Entire Agreement
These Terms and Conditions constitute the entire agreement between Formix International India Private Limited and the customer with respect to the sale of products and services and supersede all prior discussions, representations, or agreements unless otherwise agreed in writing.
