1. Definition : “Seller ” means the party with whom this order is placed as shown on the face of the purchase order. “Buyer” means SYNERGIES CASTINGS LIMITED, Visakhapatnam
2. Acceptance : This Purchase Order shall become a contract upon issue by the Buyer and the order Acknowledgment signed by the Seller. The Seller agrees that this Purchase Order contains the complete and final agreement. No understanding purporting to modify or charge any terms, conditions or specifications of this Purchase Order shall be binding unless it is writing and agreed to mutually by the Buyer and the Seller.
3. Quotation : All terms and conditions mentioned in or attached to seller’s quotations are hereby expressly excluded from this contact unless specifically spelled out in this Purchase Order.
4. Price & Extras : Unless otherwise expressly stated in the purchase Order, (a) prices are firm till the execution of this purchase order in full (b) No extra price or charges will be allowed unless authorised in writing by the Buyer, (c) Orders will be on FORM (Rail/Road) Buyer’s specified destination packed and protected or despatch.
5. Penalty : If the delivery is delayed beyond the stipulated delivery period as mentioned in the Purchase Order. Buyer will charge and deduct from the seller’s bill, penalty @ 1/2% per week subject to maximum of 5%>.
6. Delivery : (a) Time is the essence of the contract / Purchase Order and deliveries shall be made as set forth in the Purchase Order, otherwise this Purchase Order shall be subject to cancellation at buyer ‘s option and risk purchase will be made and the Seller shall reimburse the cost thereof,(b) Buyer ‘s count will be accepted as final and conclusive on all despatches, (C) All packages must be clearly marked with order number and destination and must contain packing list enumerating the contents.
7. Inspection & Shipment : In addition to any inspection required by the specified code or local Jurisdiction authority, the buyer. or his authorized representative reserves the right to inspect the material and / or equipment during manufacturer and testing prior to despatch. Such inspection does not relive the Seller from guarantee and warranty conditions / or Responsibility for supplying material strictly in accordance with the specifications as mentioned in the Purchase Order. It is further understood Buyer has the right to waive the inspection clause solely at his discretion at Point of manufacture without prejudice to the Buyer ‘s right to inspect the materials supplied and delivered at his stores. Payment made by the Buyers shall not constitute acceptance of material. If rejected, materials or equipment will be returned to Seller nor refund, credit or replacement at Buyer ‘s sole option, and Seller will pay all handling, transportation and other incidental charges both ways. When pre-despatch inspection is specified in this Purchase Order. Seller will not despatch unless inspection is made or waived in writing by the Buyer.
8. Compliance with law The Seller must comply fully with all applicable governmental and local laws, rules, regulations and orders. All items covered by this Purchase Order shall also company with any and all such requirements as stipulated by the State or Central Government.
9. Title : Title to and risk of loss for the material for shall pass to the Buyer upon delivery at the Buyer ‘s premises or any location as decided by the Buyer.
10. Warranty : Seller warrants the material (i.e. material, articles or service of any nature), supplied as per the enclosed Purchase Order (a) to be free from any manufacturing defects in material and workmanship. (b) to confirm to the specifications, drawing, samples or other description given by the Buyer, (c) to be suitable for the purpose intended, (d) to be of merchant able quality and further warrants that material of Seller ‘s design will be free from manufacturing detects in design material and workmanship for a period of one year from date of using the material provided that the warranty does not exceed eighteen (18) months form the date of shipment. The Seller agrees here to replace or correct promptly without expense to the Buyers any material not confirming to the Buyer ‘s specifications/ drawings, any material not confirming to the foregoing requirements when notified by the Buyer. In to the foregoing requirements when noticed by the Buyer. In the event of failure of the Seller to correct / return or replace the material not confirming to the foregoing requirements when noticed by the Buyer. In the event affaire of the seller to correct / return or replace the material as required by the Buyer, the Buyer reserves the right to return or replace the materials required herein and charge the Seller the cost thereof. This warranty conditions as accepted by the Seller shall automatically extended to Buyer, his successors, assigns and the users of his products.
11. Test Certificate : The Seller shall arrange to submit material test Certificates. Dimensional Reports and Hardness test reports along with the supply.
12. Environment Health and Safety : The Supplier shall take all reasonable precautions to protect persons and the environment. In the manufacture of the Goods and in the choice of any packaging for the Goods, it has to be given preference to the goods that have maximum recyclability.
13. Publicity : This Purchase Order is accepted with an express, understanding that the Buyer ‘s name and the material covered by the enclosed Purchase Order shall not be referred to described or illustrated in connection with publicity of any kind without written authorization from the Buyer.
14. Drawings : All drawings and specifications supplied by the Buyer to the Seller shall be deemed to be the exclusive property of the Buyer and must be considered as confidential and must not be lent, copied or otherwise used without prior written consent of the Buyer.
15. Bills & Invoice : All Bills / Invoice for suppliers bearing Seller ‘s Sales Tax Registration Numbers should be sent to the Factory address i.e. SYNERGIES CASTING LIMITED, Plot No. 3 & 4. Visakhapatnam Special Economic Zone, Duvvada, Visakhapatnam – 530 049. Duly indicating Purchase Order reference number and date and also GSTIN.
16. Order Completion : Purchase Order shall not be deemed to have been complete until all required materials and equipment, as well as requested drawings, test data, Parts list, operating manuals and instruction books are supplied.
17. Applicable Law : This Purchase Order shall be constructed and given effect according to the laws of the State of Andhra Pradesh and in the event of any dispute, the same shall He subject to the Jurisdiction of the courts at Visakhapatnam Andhra Pradesh, INDIA
18. Code of Conduct: The Supplier is obliged to comply with the applicable legal systems in force. In particular the supplier will not engage, actively or passively, nor directly or indirectly in any form of bribery, in any violation of basic human rights of employees or any child labour. Moreover, the supplier will take responsibility for the health & safety of its employees. The supplier will act in accordance with the applicable environmental laws and will use best efforts to promote the code of conduct among its suppliers. The Supplier should practice National & International competition laws and not to participate in price fixing, bid rigging with competitors. The supplier shall avoid conflict of interest that can influence business relationship and use of raw material which directly or indirectly finance armed groups who violate human rights.”
19. Insurance : Seller will secure and maintain insurance providing sufficient coverage to comply with its obligations and duty to indemnify as required under this PO. Within 5days of receipt of request from Force Point, Seller agrees to provide Force Point with a certificate of Insurance evidencing Seller ‘s insurance Coverages