Terms & Conditions
All sale and purchase transactions are undertaken subject to our standard terms and conditions, a copy of which is available below.
1. Definitions
"Seller" means M/S Sheefa Exports Private Limited DBA Batra Graphic Machinery.
"Buyer" means the addressee specified overleaf.
"Goods" includes any and all goods supplied by the Seller under this contract.
"Contract" means the contract for the sale and purchase of the goods incorporating these conditions of sale.
2. Acceptance and Amendment
Any quotation by the Seller is not an offer for sale but an invitation to treat. No order is binding until accepted in writing by the Seller. Orders are subject to these conditions, and no other conditions will be binding unless agreed to in writing by the Seller.
3. Seller's Specifications
All descriptions and specifications are based on the manufacturer’s specifications and are approximate only and do not form part of the Contract.
4. Prices
Prices are subject to change prior to the order becoming binding. Prices exclude taxes and duties, packaging, delivery, installation, and transport unless specified otherwise.
5. Payment
Payment terms require a 10% non-returnable deposit with the order, and the balance is due on delivery. Overdue payments will accrue interest at 12% per annum above the base lending rate of ICICI Bank Limited.
6. Delivery
Delivery time is an estimate only, and the Seller is not liable for delays caused by factors beyond its control. The Buyer is responsible for unloading the goods.
7. Export and Delivery Terms
The Incoterms (International Chamber of Commerce) will apply for delivery and passing of risk. The Buyer is responsible for complying with all importation laws and paying related duties.
8. Erection and Installation
If the Seller agrees to install the Goods, the Buyer must ensure that the site is suitable, and all necessary power supply and foundation work are provided at their expense. The Seller is not liable for any damage caused during installation.
9. Buyer’s Obligations on Delivery
The Buyer must examine the goods immediately upon delivery and notify the Seller within 7 days if there are any discrepancies or defects.
10. Risk
Risk passes to the Buyer according to the relevant Incoterms once the goods are dispatched or made available for collection, even if ownership has not yet transferred.
11. Title to Goods
Ownership of the goods remains with the Seller until full payment is made. The Buyer holds the goods as a fiduciary agent and must keep them properly insured and identifiable as the Seller’s property.
12. Warranty of Seller
Except for defects in material and workmanship (if the Seller installs the Goods), no warranty is given regarding the condition, quality, or fitness for a particular purpose of second-hand goods.
13. Limitation of Seller’s Liability
The Seller’s liability is limited to the price of the goods. The Seller is not liable for indirect, incidental, or consequential damages unless due to negligence causing personal injury or death.
14. Indemnity by Buyer
The Buyer indemnifies the Seller against claims relating to the goods sold, excluding claims arising from the Seller’s negligence.
15. Trademarks, Patents, and Other Industrial Rights
The Seller makes no warranty regarding the Goods’ compliance with intellectual property rights, and is not liable for any infringement claims.
16. Default by Buyer
If the Buyer defaults in its obligations or is unlikely to meet financial commitments, the Seller may terminate the contract without liability.
17. Assignment
The Buyer may not assign the contract or rights without the Seller’s written consent.
18. Waiver
A waiver by the Seller of any breach must be in writing and does not waive future breaches.
19. Severability
If any provision is deemed invalid, the remaining provisions shall remain in full effect.
20. Governing Law
These terms and conditions are governed by Indian law, and any disputes shall be resolved in the courts of New Delhi, India.
