1. General
These Terms and Conditions of Purchase (Contract) between Ratnakala and Buyer shall be deemed binding at the time the order for the Goods is accepted and confirmed by Seller. Deviating terms of the Seller shall not apply without Buyer’s consent and shall be binding to the extent only as they are not in contradiction to these Terms and Conditions of Purchase. Any conditions stipulated by the Seller, which are in contradiction to these Terms and Conditions shall only be valid if accepted by the Buyer in writing.
2. Orders
Orders are placed through an authorized Ratnakala Purchasing Agent by phone, facsimile, or e-mail, identified by a Ratnakala Purchase Order Number. Written order confirmations from Seller must be in Buyer’s possession not later than 3 days after the order was initially placed with seller.
3. Delivery Dates
(a) The agreed upon and confirmed delivery dates are binding.
(b) If the Seller defaults with regard to a delivery date, Ratnakala reserves the right to refuse the delivery and/or the cancellation of the Contract at the Seller’s expense. Buyer will immediately notify Seller in writing in case of any refusal of delivery or cancellation of Contract.
(c) Unless otherwise informed by Ratnakala in writing, the Seller remains bound to perform even after expiration of the agreed upon delivery dates. The Seller shall immediately notify Buyer in writing of any foreseeable delays in delivery.
(d) Based on changing market needs and product requirements, Buyer reserves the right to change any agreed upon delivery dates by informing Seller in writing.
4. Delivery, Risk of Loss and Shipment.
(a) Delivery and performance dates specified herein or otherwise communicated by Buyer to Seller are binding. Any deviations must be communicated to Buyer immediately in writing.
(b) Partial shipments require prior approval of Buyer.
(c) In the absence of specific instructions form Buyer otherwise, the carrier shall be UPS Ground Service, freight collect, proper insurance coverage included.
(d) Delivery shall be considered complete upon transfer of possession at ship to facility of Buyer and after satisfactory inspection of Goods is completed, whereupon title to the Goods shall pass to Buyer.
5. Warranty
(a) The warranty period shall be 12 months commencing on the day of acceptance of the Goods. The Seller shall remedy any defects and non-conformities immediately after Buyer’s notification, free of charges to Ratnakala. The warranty period will be extended automatically by the duration from the notification and the satisfactory remedy of the defects.
(b) When circumstances necessitate, or when the Seller is in default, Buyer shall have the right, at the Seller’s expense, to obtain replacement for the Goods or repair services from a third party of Buyer’s sole choice.
6. Payment terms
All invoices from the Seller shall reference Buyer’s Purchase Order Number and must be forwarded to the address as indicated by Buyer, immediately after delivery of Goods. Unless otherwise agreed upon in writing, payment terms are 30 days net after receipt of Goods at Buyer’s ship to address in satisfactory condition.
