GENERAL TERMS AND CONDITIONS FOR SALE OF COIR PRODUCTS

Product:          
The consignor will produce the product as specified in the purchase order issued by the consignee. If there are any changes in the product specification the consignee must intimate the changes within 2 days to the consignor in writing. Product Testing has been done ahead of shipment but that this is not a guarantee of test results.
 

Prices:     
Unless otherwise agreed in purchase order, all prices are FOB or CIF or CNF or DTD. All prices are exclusive of GST. The Consignor is automatically entitled to pass on future changes in labor wages, transport costs, cost prices of raw materials or materials, or exchange rate changes not already known at the time of concluding an agreement, such charges will be affected after three months of the conclusion of the agreement.
 

Delivery Conditions:
Delivery times agreed with The Consignor are indicative and not deadlines. In the event of late delivery, the consignee must therefore give The Consignor written notice of default. Unless otherwise agreed in writing, delivery shall be ex-warehouse or, if applicable, ex-storage. If The Consignor arranges Ocean transport, it will also determine the method of transport and insurance during transport, both of which may be charged separately to the consignee. Transport is at Consignee’s Risk.  For customs clearance, export/import duties, or regulatory compliance costs are to be borne by the customer if the shipping term is CIF or FOB. 

The Consignee is obliged to take delivery of the purchased goods at the time of delivery. If the Consignee refuses to take delivery or fails to provide the information or instructions necessary for delivery, the goods will be stored at the Consignee’s risk. The Consignee will, in that case, be liable for the payment of all additional costs, at least including storage, port charges and transport costs.
 

Payment:
Invoices of The Consignor shall be paid before the due date indicated on the Purchase Order in the manner specified by The Company. Payment is to be made in the agreed currency. The Consignee is not entitled to deduct/set off any amounts from the payable invoices on account of an asserted counterclaim. Nor is the consignee entitled to suspend the fulfillment of its payment obligation if it lodges a complaint with The Company regarding the products delivered unless The Company expressly agrees to suspension in exchange for security. In the event of late payment, all payment obligations of the Consignee, regardless of whether The Company has already invoiced them, shall become immediately due and payable. The Company shall notify the Consignee in writing if The Company invokes this provision and send an appropriate invoice.

In the event of late payment, the Consignee shall be liable for interest in the amount of the statutory commercial interest rate.

If the Consignee fails to fulfill one of its obligations or fails to do so on time, in addition to the agreed price and costs, all extra judicial collection costs shall be borne by the Consignee, which also includes the costs of preparing and sending reminders, making a settlement proposal, and gathering information. The extrajudicial costs are calculated according to the scale of extrajudicial collection costs. If The Company proves to have incurred higher costs, these are also eligible for reimbursement.

The Consignee can only object to the invoice in writing within 2 days of the invoice date.
 

Size, Measurements, Weights, and Other Data: 
Minor deviations concerning stated dimensions, weights, numbers, colors, and other such data are not deemed to be deficiencies. A minor deviation is defined as a margin of up to 10% more or less than the stated specification.

Samples shown or provided are indicative only, and it is not necessary for an item that is the subject of a contract of sale or service to correspond to them. Warranty period for the product is 6 Months from the date of agreement.
 

Packaging: 
The Method, Type of packaging should clearly indicate in the Purchase Order. The Consignee is obliged to return loaned packaging within the period stipulated in the agreement or, if there is no such period, at The Company’s request within a reasonable time.
 

Liability and Damages: 
The Consignor shall make every effort to deliver coir Products free from harmful organisms to humans, animals, or plants. However, coir products and substrates, being organic and natural, inherently contain beneficial micro organisms’ essential for their functionality. Therefore, they are not sterile, and the presence of common microorganisms, including fungi, bacteria, and actinomycetes, cannot be ruled out. These microorganisms may naturally occur or develop during storage or cultivation based on environmental conditions, which is considered normal for coir products.

The Company’s liability is excluded if damage occurs due to incompetent use or use contrary to the intended purpose of the delivered goods, or failure to follow instructions, advice, or guidelines provided by The Company regarding use, storage, or cultivation.

Improper storage or preservation of the coir products by the Consignee after delivery; Any form of oral or written advice provided by The Consignee is given in good faith, based on the best available knowledge and experience.

The Company shall not be liable for any indirect or consequential damages, including but not limited to:

1. Damages to crops or delays in crop growth;

2. Business interruptions, trading losses, or operational delays;

3. Force majeure : Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than the obligation to make payments when due) if and to the extent such failure or delay is caused by or results from events, circumstances, or causes beyond the reasonable control of the affected party, including but not limited to:

   acts of God, flood, drought, earthquake, or other natural disaster; epidemic or pandemic; war, armed conflict, terrorist act, civil commotion, or riot; sanctions, embargoes, or trade restrictions; strikes, lockouts, or other industrial disputes (whether involving the workforce of either party or any third party); government actions or regulations; fire, explosion, breakdown of plant or machinery; shortage of raw materials or energy; or failure of public or private utilities or transport networks (each, a “Force Majeure Event”).

   The party affected by a Force Majeure Event shall:

   (a) promptly notify the other party in writing of the occurrence and expected duration of the event;

   (b) use all reasonable efforts to mitigate the effects of such event and resume performance as soon as practicable.
    

Suspension of Obligations:
The obligations of the affected party shall be suspended for the duration of the Force Majeure Event and any corresponding period reasonably required for recovery thereafter. Deadlines and delivery periods shall be extended accordingly.
 

Right to Terminate:
If the duration of the Force Majeure Event exceeds sixty (60) consecutive days, either party may terminate this Agreement by giving fourteen (14) days’ written notice to the other party. In such case, neither party shall have any liability to the other except for obligations accrued prior to the Force Majeure Event.
 

Exclusions:
Financial hardship, fluctuations in currency exchange rates, or changes in market conditions shall not constitute Force Majeure Events.
 

Termination due to breach of contract:
If The Consignor is found to have breached its obligations or committed a wrongful act resulting in damages, liability will only arise if the consignee demonstrates that such damages were caused by gross negligence or intentional misconduct on the part of The Company or its managerial staff. It shall be limited to the purchase price of the specific goods or services causing the damage. For agreements involving partial deliveries, liability will be limited to the corresponding partial delivery's value.
 

Language: 
These General Terms and Conditions are drawn up in English. In case of any discrepancies in interpretation between translations, the English version shall prevail.
 

Law & Legal Proceedings:
All national and international legal relationships between The Consignor and the Consignee shall be governed by Indian law. Any disputes shall be submitted to the competent court in India.
 

Amendment of Terms & Conditions:
The Company is entitled to unilaterally amend these General Terms and Conditions with due regard to the requirements of reasonableness and fairness. The amended General Terms and Conditions shall take effect 30 days after notification to the Consignee. If the consignee disagrees with the announced amendments, the Consignee has the right to dissolve the agreement