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General condition of sale

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All sales and transaction entered into by Thomas Baker (Chemicals) Ltd. ("Seller") for "Thomas Baker" brand of chemicals and reagents shall be subject to the following General Conditions of Sale except where other specific terms have been agreed. The terms and conditions as stated herein are subject to change. Issuing purchase order for the Seller's products will be construed as Buyer's consent to the Seller's terms and conditions, irrespective of the Buyer's own conditions of purchase.

ORDERS

For all orders accepted, Seller will arrange prompt dispatch. For items which may not be readily available, Seller will intimate the probable delivery schedule and if acceptable to the Buyer, dispatch would be made accordingly. The Seller reserve the right to the acceptance of order where (a) delivery may not be possible due to transportation barriers, (b) items ordered may not be available in ready stock and are in short supply, (c) restrictions have been imposed by authorities for export and / or import by respective countries of dispatch / destination.

PRICES

All prices are indicated in our price list are wholesale prices. All prices are quoted in American Dollars per unit on FOB Mumbai Port basis. All prices are exclusive of any tax, customs duty, import tariff, value added tax. Prices quoted in this list are subject to fluctuation without notice. The Sellers reserve the right to accept the order at their own descretion and to invoice the goods at the prevailing prices on the date of delivery/dispatch. Prices include immediate container and export seaworthy over packaging. Our stockists, agents and dealers are free to resell the goods at their own prices.

QUOTATION AND ORDER ACCEPTANCE

For all enquiries and requests received, the Seller will provide quotations as per prices ruling. Quotations can also be provided for non-listed items, bulk quantities and bulk packings. Orders received by telephone, fax or electronic data exchange shall be binding only after we have issued written confirmation of the same. The Seller will accept orders from government, educational and commercial organisations only. Orders placed by private individuals shall not be entertained. We reserve the right to deliver/alter our standard package size or type in the likely event of the standard package size or type not being available at the time of dispatch. All orders are accepted subject to Force Majeure

SHIPPING AND DELIVERY

For all consignments sold on FOB basis, the risk passes to customer as soon as the goods leave our premises. This is also applicable when delivery is made by our own transport service. If the delivery is postponed for any reasons, storage of the goods in our own or third party warehouse shall also be at the customer's risk and responsibility. On intimation to the Buyer concerning the readiness of the goods for shipment on FOB basis, the Buyer must ensure full insurance cover for any loss or damage. For orders on C & F basis, the Buyer must ensure full insurance cover from the time of delivery or dispatch from our premises. For consignments on CIF terms, the risk passes to the Buyer on arrival at the destination point. Where possible, shipments shall be made as per specified method of the buyer. However, the Sellers reserve the right to change the same depending on existing regulations. A special charge shall be levied to meet customised demand regarding special packaging and method of dispatch. While the Sellers endeavour to supply goods within specified schedules, the Seller cannot guarantee a fixed time of delivery. If delay in delivery is caused by circumstances beyond the control of the Seller, the time of delivery shall be extended by a reasonable period except where it becomes impossible to supply the goods.

COMPLAINTS AND WARRANTY

All chemicals listed in the price list are for LABORATORY USE ONLY. The Seller assumes no responsibility in respect of the usage of our products in medicinal, pharmaceutical, agricultural, food household or cosmetic applications unless specifically agreed by us prior to delivery. The Seller has no liability and is not responsible for any loss or damage whatsoever arising out of use / or handling of its products.

All complaints concerning quantity and wrong deliveries must be made to Seller within 14 days from the date of receipt of the goods. The Seller shall replace all goods and / or refund the purchase price of such goods which are proved to be wrongly supplied. Claims concerning breakage should be notified to the transport / insurance company.

PAYMENT CONDITION

For all purchases, payments are to be made in advance for 100% invoice value or made through a confirmed, irrevocable letter of credit opened in Seller's favour by any prime bank. Letters of credit to be payable at sight at the counters of Seller's bank.

ARBITRATION

All disputes and differences which may arise out of contractual commitments shall be settled in accordance with the Indian Arbitration and Conciliation Act, 1996 and amendments upto date by a sole arbitrator agreed between the parties. The venue of the arbitration shall be at Mumbai, India. Courts at Mumbai, India alone shall have jurisdiction over the arbitration proceedings.