• Any order placed by a Buyer with Modi SoftTech Consultant India Pvt Ltd. (“The Supplier”) at any time, whether oral or in writing or in any other form, shall be subject to the terms of sales herein contained.
• This contract shall be between the Supplier and the Buyer as principal dealing with the principal and shall be deemed to be conclusive on acceptance by the Buyer.
• Delivery Ex-MSCIPL.
• The Buyer shall not be entitled to vary, amend, add or alter any of these conditions in any manner whatsoever.
• If at any time before or after delivery to the Buyer of all or any part of goods, any duty, tariff, tax or charge of whatsoever nature is imposed or increased by the Government of India, any State Government or any other authority or other railway or shipping freight is increased, then the Buyer shall be liable to reimburse the supplier to the extent of the new imposition or increase, as the case may be, in case the same is for the goods contracted for.
• Delivery will depend on the availability of stocks. Part delivery shall be permitted and in case of non-availability, the Supplier shall have the option to cancel the order. Delay in delivery of the goods shall not render the contract void on the part of the Buyer. The Supplier will not be liable in damages or otherwise for delay in delivery, whether time is of the essence of the contract or not. The Buyer has no right to withhold payment on this account nor shall reject the goods on this ground
• The contract is subject to a force majeure clause. The Supplier shall also not be liable for delay or non-delivery due to reasons such as difficulties in the supply of stocks or any other cause beyond the control of the Supplier. No compensation is payable to the Buyer under such circumstances.
• If the Buyer fails to take delivery, he shall reimburse the Supplier all storage and other expenses incurred in respect of the goods delivered but not taken by the Buyer.
• The Supplier shall have a general lien on all goods of the Buyer for the time being in the possession of the Supplier (including the goods already paid for but of which delivery may not have been taken by the Buyer) for the amount due to the Supplier under this contract and also for any amount due to the Supplier under any contract with the Buyer, either alone or with others.
• No dispute regarding the quality or fitness of goods can be raised without notice to the Supplier within five days of receipt of the goods. The Supplier will not accept any return of goods unless agreed to in writing.
• The Buyer shall furnish relevant forms as mandated by GST laws from time to time failing which the supplier will be compelled to raise a supplementary invoice for the differential amount of tax, interest penalty etc.
• No credit or set off for GST and other statutory levies already collected will be allowed on rejected goods unless the rejected goods are received by the supplier within 90 days from the date of invoice.
• Each lot or instalment of the goods delivered under this contract shall be deemed to be sold under a separate contract.
• The Supplier’s weights, measures and statements as to the quantity and quality shall be presumed to be correct and their responsibility for the goods shall cease as soon as the goods are handed over to the Buyer or to the carriers as the case may be. In respect of any complaint of whatsoever nature, that may be lodged in respect of the goods, the Buyer agrees to first make payment in full before any action or settlement is negotiated.
• The Buyer shall pay interest at the rate of 18% per annum for payments made beyond the due date until the date of. Realisation without prejudice to any of the Supplier’s rights and remedies under these conditions. The Supplier reserves the right to cancel any contract or part of the contract for non-payment of accrued outstanding.
• All bank charges (including collection charges) and stamp duty on cheques, bills of exchange, hundis etc. shall be payable by the Buyer. The Supplier shall not be liable for any loss or theft of bank drafts, cheques, etc., in transit.
• The bank receiving the money against RR/LR or goods shall be deemed to be the Agent of the Buyer whose responsibility for payment shall not cease till actual payment is received by the Supplier.
• Any notice or other documents to be served on the Buyer by the Supplier shall be deemed to be validly served if sent by ordinary prepaid post to the known address of the Buyer.
• If the Buyer fails to take delivery of the goods on arrival at the destination, the Supplier shall have the right to treat such failure as a breach of contract, in addition, and without prejudice to the Supplier’s other rights and remedies.
• In case of disputes, jurisdiction shall rest in Rajkot Courts only.
• In case of default in payment beyond 30 days from the due date of payment, the Supplier shall have the absolute right to repossess the goods, without any further Notice.
• If income tax is deducted at the source while making payment against this Invoice, the TDS certificate in the prescribed form should be forwarded to the Supplier for each transaction within the statutory time period. The amount remaining unpaid will be considered outstanding from the Buyer till the receipt of the TDS certificate.
• The nature of the tax charged in this invoice has been ascertained based on the relevant proxy for determining the place of supply. In case of any discrepancies, the Buyer shall communicate the same to the supplier and shall be rectified accordingly.
• In the event of loss of credit occurring to the Buyer on account of any mismatch of returns filed by the Supplier and the Buyer, the Supplier shall be held responsible only if the same is on account of failure to remit the tax amount charged in the Invoice or on account of failure to report the details provided by the Buyer correctly.