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General terms and conditions of sale of all BASF Group Companies in India
(“the Company”)
Quotations given by the Company are not binding offers but must be seen as invitations to the Buyer to submit a binding offer. The Contract hereunder is concluded by the Buyer's Order (offer) and the Company's Acceptance thereof. The Product price and other terms, if any, will be conveyed by the Company while accepting the offer. In case the Company's terms of acceptance differs from the Buyer's offer, such acceptance constitutes a new non-binding offer of the Company awaiting the Buyer’s Acceptance.
Unless otherwise agreed, the quality of the goods is determined by the Company's product specifications. The properties of specimens and samples are binding only insofar as they have been explicitly agreed to define the quality of goods.
Any advice rendered by the Company is given to the best of its knowledge. However, the Company shall not be held liable or responsible for any losses/damages that may arise due to such advice provided by it. Any advice and information with respect to suitability and application of the goods shall not relieve the Buyer from its responsibility of undertaking their own investigations and tests.
If Company’s prices or Company’s terms of payment are altered between the date of contract and despatch, the Company may apply the price or the terms of payment in effect on the date of despatch. In the event of a price increase, the Buyer is entitled to withdraw from the contract by giving notice to the Company within 14 days after notification of such price increase.
Delivery shall be effected as may be agreed in the contract.
Notice of claims arising out of damage in transit must be lodged by the Buyer with the Company and the carrier within 3 days from the date of receipt of goods.
Unless specifically agreed otherwise, the Buyer is responsible for compliance with all laws and regulations regarding purchase, transport, storage and use of the goods.
The Liability of the Company, if any, shall be strictly limited to the purchase price of the products. The Company shall not be responsible for indirect and / or consequential loss or damage that may be suffered by the Buyer.
The Buyer may only set off claims from the Company against an undisputed or adjudicated counterclaim.
If there are reasonable doubts as to the Buyer’s ability to pay, especially if payments are in arrears, the Company may, subject to further claims, revoke the credit period/s and make further deliveries dependent on advance payments or other security.
Any incident or circumstances beyond the control of the Company, such as natural occurrences, war, strikes, lock-outs, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, or acts of government, shall relieve the Company from its obligations under this contract to the extent the Company is prevented from performing such obligations. The same applies to the extent such incident or circumstance renders the contractual performance commercially useless for the parties over a long period or occurs with the suppliers of the Company. If the aforementioned occurrences last for a period of more than 3 months, the Company is entitled to withdraw from the contract without any right for compensation to the Buyer.
The place of payments shall be the Company’s place of business.
Any notice or other communication required to be received by a party is only effective at the moment it reaches this party. The modes of transmission of communication include, but are not limited to, Registered Post, Courier, facsimile and email.
Buyer acknowledges that data, including e-mail, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between Buyer and the Company using the Internet, other network communications facilities, telephone or any other electronic means. Buyer agrees to use software produced by third parties, including, but not limited to, “browser” software that supports data security protocols compatible with the protocols used by the Company. The Company is not responsible for notifying Buyer of any upgrades, fixes, enhancements or any other changes to any such software or for any compromise of data transmitted across computer networks or telecommunication facilities including, but not limited to, the Internet.
Any dispute arising out of or in connection with this contract shall be heard, at the Company's option, in the appropriate Courts at Mumbai only.
This contractual relation shall be governed by the prevailing laws of India and all communications between the Company and the Buyer shall be in English.