Unless explicitly agreed otherwise in writing, these Terms and Conditions govern all transactions between Puratos Foods India Private Limited (“PFIIPL” or “Seller”) and the purchaser of goods (“Buyer”). Any deviation must be confirmed in writing. The Buyer’s standard terms and conditions, if any, shall not override these terms unless expressly accepted in writing by the Seller. All previous terms and conditions are hereby nullified.
Prices are stated either inclusive or exclusive of applicable GST and other statutory levies, as indicated on the invoice. The Seller reserves the right to revise prices with prior notice before delivery.
Unless explicitly agreed otherwise in writing, these Terms and Conditions govern all transactions between Puratos Foods Ingredients India Private Limited (“PFIIPL” or “Seller”) and the purchaser of goods (“Buyer”). Any deviation must be confirmed in writing. The Buyer’s standard terms and conditions, if any, shall not override these terms unless expressly accepted in writing by the Seller. All previous terms and conditions are hereby nullified
Prices are stated either inclusive or exclusive of applicable GST and other statutory levies, as indicated on the invoice. The Seller reserves the right to revise prices with prior notice before delivery
Goods are dispatched at the Buyer’s risk from the Seller’s premises. The Seller bears no responsibility for damage or loss during transit unless otherwise agreed. Unless specified otherwise, delivery is on an “EX WORKS Puratos” basis as per the order form. Delivery timelines are indicative, and delays shall not entitle the Buyer to compensation or cancellation.
If transport is arranged by the Buyer, goods must be collected on the agreed date, confirmed at least 48 hours in advance. In the absence of confirmation, collection must occur on the last working day of the delivery window. Early collection requires Seller’s approval. Failure to collect on time may result in storage and insurance charges. If the Seller arranges transport, all associated costs are payable by the Buyer upon delivery.
Invoices are payable in INR (for domestic transactions) or USD/EURO (for international transactions) at net value, without any discount, within 21 days from the invoice date unless otherwise agreed. Invoices are considered accepted unless disputed in writing within 48 hours of receipt. Non-payment may lead to immediate contract termination without notice or compensation, and all outstanding amounts shall become due. This also applies in cases of insolvency or bankruptcy. Overdue payments will attract interest at 5% per annum or the maximum legal rate, whichever is higher, along with a penalty of 15% of the invoice value plus legal expenses.
The Buyer must inspect goods upon delivery. Goods are deemed accepted if:
Complaints must be submitted in writing within 24 hours of delivery. Visible defects or discrepancies must be noted on the purchase order and delivery documents, supported by evidence. Hidden defects must be reported within 48 hours of discovery, along with documentation. Rejected goods must be stored appropriately to avoid further damage. Complaints will be addressed in accordance with the Seller’s procedures. Payment obligations remain unaffected by disputes.
Ownership of goods transfers to the Buyer only upon full payment. Risk transfers upon dispatch from the Seller’s premises.
PFIIPL retains all intellectual property rights, including but not limited to formulas, recipes, and production processes. Disclosure of such information does not imply any transfer or licensing of rights.
To the extent permitted by law, the Seller’s liability is limited to the value of the goods in question and capped at the amount recoverable under applicable insurance. Liability is restricted to direct damages only; indirect or consequential losses are excluded.
The Seller shall not be held liable for delays or failures resulting from events beyond its control, including but not limited to natural disasters, strikes, wars, equipment failures, or shortages of raw materials. In such cases, the Seller may extend delivery timelines or terminate the contract without liability.
These Terms are governed by Indian law. The parties agree to the exclusive jurisdiction of the courts in Mumbai. However, the Seller reserves the right to seek interim or provisional relief in any competent court within the Buyer’s jurisdiction.