·
Company
refers to KP Pharma Solutions Pvt. Ltd. (formerly
KP Industries), having its registered
office at Ahmedabad, India.
·
Buyer
means any individual, firm, or organization placing an order with the Company
for the purchase of Goods.
·
Goods
refers to hygienic fittings, accessories, components or assemblies manufactured
and/or supplied by the Company.
·
Agreement
means the confirmed purchase order and any related correspondence, incorporating
these Terms and Conditions.
·
All quotations issued by the Company are
invitations to treat and do not constitute an offer.
·
Orders placed by the Buyer become binding only
upon written acceptance or order confirmation from the Company.
·
Any terms or conditions proposed by the Buyer
that differ from or conflict with these Terms shall be invalid unless expressly
agreed in writing by the Company.
·
The Company reserves the right to amend
technical details or specifications if necessary to improve performance or
comply with regulatory or quality standards.
·
Prices are quoted in Indian Rupees (INR) unless
otherwise specified and are exclusive of
GST, freight, insurance, and duties.
·
Taxes shall be charged at prevailing statutory
rates under Indian law.
·
Unless otherwise agreed, 100% payment is due within 30 days from the date
of invoice.
·
Delayed payments shall attract interest at 1.5% per month or the maximum
permissible under the Micro, Small, and
Medium Enterprises Development (MSMED) Act, 2006, whichever is higher.
·
Title of goods shall remain with the Company
until full payment is received.
·
Unless specified otherwise, delivery shall be Ex-Works (EXW) Ahmedabad, in accordance
with Incoterms 2020.
·
Risk passes to the Buyer upon dispatch from the
Company’s premises or upon handover to the carrier.
·
Delivery schedules are estimates only. The
Company shall not be liable for delays due to transportation, supply chain
constraints, or circumstances beyond its control.
·
Partial deliveries may be made and invoiced
separately.
·
The Buyer shall inspect the Goods immediately
upon receipt.
·
Any claims for shortages, damages, or visible
defects must be notified in writing to the Company within 7 days of receipt.
·
Failure to notify within this period shall
constitute acceptance of the Goods.
·
Accepted Goods cannot be returned without prior
written authorization from the Company.
·
The Company warrants that the Goods shall be
free from manufacturing defects in material and workmanship for a period of 12 months from the date of delivery,
when used under normal operating conditions.
·
This warranty excludes damage due to misuse,
improper installation, unauthorized modifications, chemical corrosion, or
operation beyond design limits.
·
The Company’s liability under this warranty is
limited to repair or replacement
of the defective part at its discretion.
·
No claim for indirect, incidental, or
consequential losses (including loss of production or profit) shall be
entertained.
·
All drawings,
designs, specifications, trademarks, and technical data remain the
exclusive property of the Company.
·
The Buyer shall not reproduce, reverse-engineer
or disclose such materials without prior written consent.
·
The Company retains the right to improve or
modify product design without prior notice, provided functional performance is
not compromised.
·
Confidential information shall not be disclosed
to third parties without prior written consent and shall be used solely for the
intended purpose of the Agreement.
·
This obligation shall survive the termination or
completion of the Agreement for three (3)
years.
·
The Company shall not be liable for delay or
failure to perform its obligations due to causes beyond its reasonable control,
including but not limited to acts of God, fire, flood, pandemic, war, strikes,
shortage of raw materials, transportation delays or government restrictions.
·
In such cases, delivery timelines shall be
extended accordingly without penalty.
·
Orders once accepted cannot be cancelled without
the Company’s written consent.
·
If cancellation is approved, the Buyer shall
bear all costs incurred up to the date of cancellation, including materials,
labor, and administrative expenses.
·
The Company reserves the right to terminate the
Agreement immediately if the Buyer fails to make payment, becomes insolvent, or
breaches any material term.
·
Goods may be returned only if found defective
and only after obtaining a written Return Material Authorization (RMA) from the
Company.
·
Returned Goods must be in original condition and
packaging. Inspection results and replacement decisions will be communicated in
writing.
·
The Buyer agrees to comply with all applicable
Indian laws, including environmental, labor, and import/export regulations.
·
The Company is registered under the MSME Act and reserves all rights available
to it under the Act regarding delayed payments and interest claims.
·
The Buyer shall not use the Goods for unlawful
purposes or in violation of applicable standards.
·
The Company’s total liability, whether arising
in contract, tort, or otherwise, shall not exceed the invoice value of the specific Goods giving rise to the
claim.
·
The Company shall not be liable for indirect,
consequential, or punitive damages.
·
These Terms shall be governed by and construed
in accordance with the laws of India.
·
Any dispute shall be subject to arbitration under the Arbitration and
Conciliation Act, 1996, as amended.
·
The seat and venue of arbitration shall be Ahmedabad, Gujarat, and proceedings
shall be conducted in English.
·
Subject to arbitration, the courts at Ahmedabad
shall have exclusive jurisdiction.
·
These Terms & Conditions, along with the
Company’s written order confirmation and any annexures, constitute the entire
Agreement between the parties.
·
No amendment or variation shall be valid unless
made in writing and signed by authorized representatives of both parties.
KP
Pharma Solutions Pvt. Ltd.
(Formerly KP Industries)
Plot No 518/1, Shed No 5,
Near GEB Sub Station, Naroda-Dehgam Road,
Naroda
Ahmedabad, Gujarat, India
Email: [sales@kpindia.co.in]
Phone: [+91 98259 32032]
Website: [www.kpindia.co.in]