Logo Hari Priya Group
Logo Hari Priya Group
    Hammer Machine

    Terms and Conditions

    1. In these terms and conditions: -
    • “Goods” means the goods (including any installments of the goods or any part of them) to be supplied by Seller to the Purchaser under the contract of sale of which these terms and conditions form part
    • “Purchaser” means the person buying the goods
    • “Seller” means Hari Priya Global Enterprises Pvt Ltd.
    2. GENERAL

    These terms and conditions are the only terms and conditions upon which seller will do business with the purchaser and shall prevail notwithstanding any printed or other conditions contained in any purchase order or acceptance of estimate or quotation or otherwise brought to Seller’ notice. No other agreement, representation, promise, undertaking or understanding of any kind unless expressly accepted in writing by Seller shall alter, vary, supersede or operate as a waiver of these terms and conditions. Seller’ record of any order placed by the purchaser verbally shall be conclusive, except in the event of a clerical error, as to the type and quantity of goods and the point and date of delivery.

    3. ORDERS

    No order made or given by the purchaser to seller shall be accepted or be deemed to have been accepted by seller and a contract of sale shall not be made or be deemed to have been made until an acknowledgement of such an order has been given in writing by Seller to the purchaser. The right is reserved to seller (without prejudice to any other remedy competent to seller) to cancel without penalty to seller any uncompleted order or the contract of sale or to suspend delivery on the failure of the Purchaser to fulfil any of the commitments or obligations of the Purchaser to Seller howsoever arising whether such commitment or obligation arises pursuant to the contract of sale or otherwise. Upon such cancellation or suspension by Seller or in the event of any cancellation or suspension of the contract or of any order made or given by the Purchaser to Seller, the Purchaser shall, on the demand in writing of Seller to the Purchaser, indemnify and so free and relieve Seller from and against any loss, cost, charge, expense or damage to or incurred by seller resulting from such cancellation or suspension.

    4. VALIDITY

    All goods are offered subject to their being available upon receipt of the purchaser’s order.

    5. PRICES

    All prices quoted or accepted are exclusive of G.S.T. at the applicable rate which shall be paid by the purchaser to Seller on the price of the goods at the time of payment of the price and are given on an ex works basis. The minimum order value is net excluding packaging and delivery charges. Unless expressly quoted as a firm price, all prices quoted are business estimates only and the prices ruling at the date of dispatch shall apply and shall be invoiced to the Purchaser. Where a firm price is quoted in writing it is a subject to the receipt of the Purchaser’s order within 30 days of the date of the quotation. If work is suspended because of the Purchaser’s instructions, lack of instructions or failure to supply specifications, extra charges may be made by Seller against the Purchaser. Seller shall be entitled to refuse to accept any order placed as a result of any quotation made by Seller.

    6. PACKAGING AND DELIVERY

    Packaging and delivery charges will be charged separately. Delivery periods shall run from the date of acceptance or deemed acceptance of the Purchaser’s order. Seller may make part deliveries or may deliver ant of the goods by instalments and each delivery shall be considered a separate transaction and the failure of any delivery shall not affect the due performance of the contract of sale as regards other deliveries. Seller will endeavour to adhere to the delivery date set out in the quotation, but such delivery date is a business estimate only and Seller shall be under no liability whatsoever for any delay in delivery or the consequences thereof however caused and such delay shall not entitle the Purchaser to cancel or terminate any order or the contract of sale. Time for delivery shall not be of the essence of the contract.

    7. FORCE MAJEURE

    In the event of any stoppage, delay or interruption of work at Seller’ works or at the premises of any supplier before or during the delivery period caused by strike, lockout, labour dispute, fire, breakdown of machinery, shortage of materials or transport or any other cause whatsoever beyond Seller’ control, deliveries may be wholly or partially suspended and the delivery period extended by the length of time during which deliveries are suspended.

    8. STORAGE

    Where goods are ready for delivery, Seller may postpone delivery at the request in writing of the Purchaser provided that the Purchaser pays the full price of the goods to Seller within seven days of the request. Seller may store the goods at their own premises or elsewhere at the Purchaser’s sole risk and all storage, insurance and transport charges shall be paid by the Purchaser.

    9. ACCEPTANCE

    Unless the Purchaser gives Seller written notice within seven days from the date of delivery, that the goods are not in conformity with the contract, it shall be deemed to have been accepted goods.

    10. RISK AND PASSING OF PROPERTY
    • Save as otherwise expressly provided in these terms and conditions, risk in the goods shall pass to the Purchaser when the goods are delivered to the Purchaser or its Agent.
    • Notwithstanding delivery of the goods, title thereto shall remain with Seller and shall not pass to the Purchaser until such time as payment is made full including all taxes, to Seller of all amounts howsoever arising due to Seller by the Purchaser and, w here applicable, by any holding or subsidiary company (as those terms are defined by the Companies Act 2013) of the Purchaser.
    • Until such time as payment in full is made to Seller in accordance with these terms and conditions and title to the goods has passed to the Purchaser, the Purchaser shall hold the goods as trustee, but not as agent, for Seller and shall ensure that the goods shall be stored separately from any other property of the Purchaser or from any property belonging to a third party and held by the Purchaser and shall be clearly identifiable as the property of Seller. At any time prior to title to the goods passing from Seller in accordance with these terms and conditions Seller shall be entitled on demand to recover possession of the goods or any of them (without prejudice to any other of their other rights) and, for this purpose, shall be entitled to enter upon the Purchaser’s premises (or any other premises where the goods are stored) during normal business hours for the purpose of removing such goods and to remove such goods from such premises. These terms and conditions constitute an authority for any third party authorised by Seller to exercise Seller’s rights hereunder.
    • Until payment in full of all sums due to Seller has been made, the Purchaser shall hold in trust for the Company to the extent of such sums all rights under any contract of resale or any other contract in pursuance of which the goods or any part thereof are disposed of or any contract by which compromising the said goods or any part thereof is or is to be disposed of and any monies or other consideration received by the Purchaser thereunder.
    • Seller and the Purchasers agree that, where the goods are mixed with other goods or if the goods in any way whatsoever become a constituent of any other goods before title to the goods has passed pursuant to these term and conditions, title to the goods shall remain with Seller until title therein has passed pursuant to these terms and conditions and, in addition, Seller shall have a right of joint property in the other goods which shall arise with effect from the moment at which the goods supplied by Seller are mixed with or become a constituent of other goods.
    11. WARRANTIES
    • Seller will enforce for the benefit of the Purchaser any manufacturer’s guarantee, warranty or servicing agreement but Seller shall under no liability whatsoever, even for negligence, for any manufacturer’s defect.
    • No warranty whatsoever is given on second hand goods nor shall Seller be under liability for any defects drawn to the attention of the Purchaser or which were or ought to have been discovered on any examination of the goods prior to delivery to the Purchaser, its servant or agents.
    • Seller gives no warranty and makes no representation whether express or implied as to any matter whatsoever including (without limitation) condition, merchantability or fitness for any purpose.
    • For the avoidance of doubt, no description of goods given by Seller shall be deemed to constitute a contract of sale by description so as to impose any implied condition as provided in the G.S.T. Act 2017.
    12. LOSS OR DAMAGE IN TRANSIT

    Any shortage or damage to the goods must be clearly stated on the driver’s delivery sheet or in a written statement of the facts received by Seller and by the carrier (if not Seller’ transport) within seven days after the date of delivery, otherwise no claim will be entertained. The package and contents should be retained by the Purchaser for examination. The Purchaser shall give Seller such opportunity as Seller may reasonably require to examine or inspect the defective or faulty goods at the Purchasers’ premises. Written notice of any non-delivery must be received by Seller within Seven days after the date of invoice. Time is of the essence of this condition. Seller’ liability in respect of any claim accepted under this condition is limited to making up the shortage or replacing any goods to have been damaged or lost in transit to the point of delivery, and Seller does not accept liability for any loss or damage suffered by the Purchaser whether direct or consequential and howsoever arising.

    13. ILLUSTRATIONS

    Photographs, illustrations, specifications and publicity matter are intended to give a general idea of the machines portrayed. They do not constitute a description of the machine nor shall they be taken to be representations made by Seller.

    14. PERFORMANCES

    Performance and production figures given are estimated for those obtained during tests by Seller. Seller do not warrant that equivalent results will be obtained on any particular machine and shall not be liable if equivalent results cannot be obtained. It is the responsibility of the Purchaser to determine that the goods are sufficient and suitable for the purpose to which they are to be put. Seller cannot accept any responsibility either in respect of the installation of any goods or as to the ultimate performance of any product in which the goods may be installed. Seller shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the goods are used.

    15. WEIGHTS AND MEASURES

    Weights, measurements, horsepower etc. are approximate only.

    16. INSTALLATION AND COMMISSION

    Seller may agree to a separate charge to install and/or commission machines at the premises of the Purchaser of any third party. If they do so then: -

    • Seller shall be under no liability whatsoever for any loss or damage whether direct or consequential and howsoever caused to the Purchaser or to any third party during or as a result of or in connection with the installation or commissioning.
    • The Purchaser shall indemnify Seller against any loss or damage caused to Seller, their servants or agents during or as a result of or in connection with the installation or commissioning.
    • The Purchaser shall indemnify Seller against any liability whatsoever which Seller may incur to any third party (including the Purchaser’s servants or agents and Seller servants or agents) during or as a result of or in connection with the installation or commissioning.
    17. LIABILITY

    Subject to the other terms of these terms and conditions, Seller shall not be liable for any shortages or defects in the goods or failure of the goods to comply with any specification unless a claim in writing shall have been received by Seller from the Purchaser within seven days of the delivery of the goods. The liability of Seller under this condition shall be limited to replacing, repairing or making good goods which are proved to be defective or faulty under proper use by reason of faulty workmanship or faulty material. Save as expressly provided in these terms and conditions and except as provided by the Consumer Protection Act, 2019, Seller shall not be liable to the Purchaser or to any third party for any loss or damage (whether direct or consequential) suffered in respect of the goods or arising from or caused by any defect or fault in the goods and Seller shall be indemnified by the Purchaser against all third party claims made in respect of the goods.

    18. OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

    The Purchaser undertakes to ensure that the goods are in all respects safe for their application before they are put into operation.

    19. THE PURCHASER’S WARRANTIES

    The Purchaser hereby warrants:

    • In every case that all statutory consents, licences and approvals of whatsoever nature which may be necessary to utilise the equipment supplied for the manufacture of any product have been duly obtained.
    • That when Seller delivers the goods to the delivery address, the Purchaser will arrange for the unloading to be completed within not more than one hour of arrival of Seller’ transport.
    • The Purchaser hereby agrees to indemnify Seller against all expenses, liabilities, loss claims and proceedings which may arise by reason of the Purchaser’s breach or breaches of any of the aforesaid warranties.
    20. RETURN OF GOODS

    Seller shall be under no liability to accept the return of goods which are not of sound quality. Such goods may only be returned to Seller with Seller’ prior written consent and subject to the receipt by Seller of the Purchaser’s advice note stating the reason for the proposed return and the date and number of Seller’ invoice. In the event that Seller consent in writing to accept the return of such goods, such goods must be returned securely packed and, unless Seller arrange collection, consigned carriage paid by the Purchaser. If Seller collect such, Seller shall be entitled to impose a handling charge payable by the Purchaser. The issue of Seller’ collection note will not bind, Seller to issue any credit in respect of the goods.

    21. TERMINATION
    1. If the Sellers shall consider that the Purchaser’s financial condition does not at any time justify the agreed terms of payment, the Sellers may, having given notice in writing to the Purchaser, cancel any unfilled order or the contract of sale unless the Purchaser shall forthwith make payment to the Sellers for the goods already delivered or supplied by the Sellers to the Purchaser or shall make prior payment for the goods ordered but not delivered or supplied, or both, at the Sellers’ option.
    2. If any monies due to the Sellers be overdue within the meaning of the condition “PAYMENT” below or if the Purchaser shall enter into a composition or other arrangement with or for the benefit of its creditors or becomes apparently insolvent within the meaning of the Insolvency and Bankruptcy Code, 2016 or a petition for a bankruptcy order to be made against the Purchaser is presented to a court or, being a body corporate, a receiver is appointed over the whole or part of the Purchaser’s property or undertaking or a petition is presented for the making of an administration order or a winding-up order in respect in respect of the Purchaser or the Purchaser passes a resolution for the winding-up of the Purchaser or a proposal is made for the making of a voluntary arrangement in respect of the Purchaser, then the Sellers shall entitled without prejudice to any other right against the Purchaser, to suspend performance of any contract then obtaining between the Sellers and the Purchaser and/or upon the giving of notice in writing to treat any such contract as at an end, (Finished and) undelivered (or partly manufactured) goods shall be chargeable to the Purchaser or may be disposed of by the Sellers at their option and any shortfall in price obtained shall be chargeable to the Purchaser.
    3. If the contract shall become impossible of performance or otherwise frustrated, the Sellers shall be entitled to reasonable remuneration for work done until the date of frustration.
    22. LAW

    “These terms and conditions and the contract of sale shall be governed by and constructed in accordance with Indian law and the Purchaser by its acceptance of these terms and conditions hereby prorogates the non-exclusive jurisdiction of the Court of Session in Khargone.”

    23. EXCLUSION OR IMPLIED TERMS

    All quotations are submitted, all orders are accepted and all good are supplied by the Sellers subject to these terms and conditions and all other conditions, warranties and representations express or implied by statute or otherwise are hereby excluded to the fullest extent permitted by law. If any provision of these terms and conditions is or becomes invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of these terms and conditions or of the contract of sale shall not in any way be affected or impaired.

    24. PAYMENT
    1. All business will be carried out on our standard payment terms of 30% deposit with orders, 70% on delivery of goods in the form of equipment, unless otherwise agreed in writing by the Sellers. The only other exception will be for the supply of goods in the form of consumables when upon agreement at the time of order, the payment terms will be made strictly within 30 days of the date of the relevant invoices.
    2. If the Purchaser fails or refuses to make payment in accordance with these terms and conditions within the time provided and fails to remedy such failure or refusal within 14 days after having been given notice in writing requiring the said payment, then all payments due under this contract shall forthwith become payable and in each such case the Sellers may suspend any delivery or deliveries and the Purchaser shall be liable to pay on demand.
    3. Interest at the rate charged to the Sellers by their bankers on overdraft account from time to time and for the time being shall be payable on any sum payable by the Purchaser to the Sellers and not paid on the due date from the due date of payment thereof until the date of actual payment thereof, to the Sellers and that whether or not after judgement or decree. Such interest shall be calculated on the basis of the actual number of days lapsed.
    25. Arbitration Clause

    All disputes arising out of this agreement shall be referred to a sole arbitrator appointed mutually by the parties, failing which appointments shall be made per the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Khargone (M.P.). The language of the arbitration shall be English or Hindi [no other language]. The arbitral award shall be final and binding on both parties.

    26. WAIVER

    Any waiver by the Sellers to enforce any of these terms and conditions shall not be construed as a waiver of any of the Sellers rights hereunder.