These Terms and Conditions shall apply to all contracts for the supply of goods and/or services by the Supplier pursuant to one or more Purchase Order/s. All Purchase Orders shall be subject to these Terms and Conditions.
Where it is agreed that the Supplier shall supply goods and/or services, the goods and/or services to be supplied, the price payable and any other special terms agreed between the parties shall be set out in the Purchase Order.
The specific terms and conditions shall always override general terms and conditions wherever they are contrary to each other.
No changes or variations to these Terms and Conditions or any Purchase Order shall be effective unless agreed in writing between the parties
.
In case there exist specific term/condition in the contract then it shall over-ride the generic term/condition in the co
ntract.
Price and Payment
The price and any taxes and expenses for the goods and/or services shall be as specified in the Purchase Order.
An invoice shall be made available by the Supplier to the Buyer in accordance with the terms set out in the Purchase Order. The Buyer shall pay for the goods and/or services at the end of 90 days from the receipt of the invoice or as mentioned in the Purchase Order. Under no circumstances shall the time for payment, be of the essence of the Agreement.
The Buyer shall not be responsible for any expenses, charges or price other than those set out in the Purchase Order. The price mentioned in the requisite Purchase Order shall be the full and final payment for the said Purchase Order and the items included therein.
If the parties agree that the Supplier is to provide goods and/or services or resources in addition to those specified in a Purchase Order, then such agreement will be reflected in a separate/modified Purchase Order, which is deemed incorporated into this Agreement.
Notwithstanding anything contained herein, once a Purchase Order has been agreed by the Buyer the price for the goods and/or services shall be fixed until the complete execution of the said Purchase Order by the Supplier.
Delivery
Delivery of the goods shall be made to such location as the Buyer shall direct. Should both the parties agree to a time limit for the said delivery, time shall become the essence of the Agreement and the Buyer shall be entitled to cancel, without notice, the whole or any part of this Agreement if this Clause is not complied with by the Supplier.
Each delivery shall be accompanied with the Sellers invoice. The Seller’s invoice must mention the Purchase Order number of the Buyer without which the said invoice will be held to be defective and not payable.
Where the Buyer cancels the whole or part of the contract in accordance with this Clause
All sums payable by the Buyer in relation to the whole or part of the contract cancelled shall cease to become payable.
All sums paid by the Buyer in relation to the whole or part of the contract cancelled shall be repaid by the Supplier immediately.
the Buyer shall be entitled to recover damages from the Supplier for any loss caused as a result of the Supplier’s failure to deliver the goods and/or as a result of the cancellation of the whole or part of the contract.
