Rice (Various Varieties)

General Terms & Conditions

 

 

REDRAZ INTERNATIONAL PRIVATE LIMITED, a company registered under the laws of Uttar Pradesh, INDIA is herein referred to as the “REDRAZ INTERNATIONAL”.

 

Any company or individual or group of individuals to whom REDRAZ INTERNATIONAL offers a quote or pro-forma or invoice or estimate or any other commercial document or intents to do so for supply of “Goods” and/or “Services” is hereinafter referred to the “Buyer”. The term “Buyer” includes all individuals, group of individuals, representatives, affiliates, subsidiaries, employees, agents, partners, contractors and everyone else with an interest in the transaction with REDRAZ INTERNATIONAL

The Below “GENERAL TERMS & CONDITIONS” applies to all the Supplies, Quotations, Pro Forma invoices, Invoices, Packing List, Shipping Bills, Estimates and other commercial documents that are exchanged between the Buyer and REDRAZ INTERNATIONAL.

The Buyer and REDRAZ INTERNATIONAL agree to all the terms and conditions as set forth below of this GENERAL TERMS & CONDITIONS. All the Supplies, Quotations, Pro Forma invoices, Invoices, Estimates and other commercial documents that are exchanged between the Buyer and REDRAZ INTERNATIONAL are by default governed by these GENERAL TERMS & CONDITIONS.

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CONTROLLING TERMS

Buyer expressly agrees that REDRAZ INTERNATIONAL’s Invoice and these General Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon REDRAZ INTERNATIONAL.

 

ACCEPTANCE OF ORDERS

REDRAZ INTERNATIONAL may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these General Terms and Conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

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PRICES

Buyer is responsible for any tax or government charges or bank charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due here-under against any amounts which may become payable to REDRAZ INTERNATIONAL under any other agreement.

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BANK CHARGES & OTHER PAYMENT CHARGES

Buyer is responsible for any and all the payment charges or money transfer charges or bank charges imposed upon the payment towards full or partial or advance payment for the products or services .REDRAZ INTERNATIONAL shall charge back to the customer for any of the payment charges which were charged to the account of REDRAZ INTERNATIONAL towards full or partial or advance payment for the products or services and the buyer shall duly pay REDRAZ INTERNATIONAL the respective payment charges either along with the agreed payment method/term or separately with immediate effect at 'net immediate' basis.

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CERTIFICATIONS & THIRD PARTY INSPECTIONS

Buyers at the time of order confirmation, shall intimate REDRAZ INTERNATIONAL in writing, the nature and kind of certificates and/or Third party inspections required for the product, including those mandated by the respective port of import, country regulations and others. REDRAZ INTERNATIONAL shall offer fair and genuine certificates working with either buyer nominated third party agents/agencies or REDRAZ INTERNATIONAL’s preferred third party agents/agencies. All third party certification charges are to be paid by the Buyer. REDRAZ INTERNATIONAL shall not be liable for quality or accuracy or acceptability of such third party certifications and the respective agents/agencies. REDRAZ INTERNATIONAL shall not take responsibility or liability for any delays caused by the certifying agencies/agents. In case buyer has not mentioned any recommendations for the certifying and/or inspection agents/agencies at the time of order confirmation, REDRAZ INTERNATIONAL shall choose its preferred third party agents/agencies.

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QUOTE VALIDITY AND RIGHT TO MODIFY

Unless specified in the quotation otherwise, all quotes of REDRAZ INTERNATIONAL are valid for 7 days including the date of quotation.

REDRAZ INTERNATIONAL reserves the right to alter any and all portions of the quotation after issuance of the quote.

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DELIVERY

Unless otherwise agreed in writing signed by the authorized signatory of REDRAZ INTERNATIONAL, all delivery dates are estimates. REDRAZ INTERNATIONAL shall use its reasonable efforts to deliver all products within the time specified; however, in no case shall REDRAZ INTERNATIONAL be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the REDRAZ INTERNATIONAL’s failure to deliver Product by the specified date.

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REDRAZ INTERNATIONAL shall not take any liability for the delays caused by Buyer or Buyer's party at the port of discharge of goods. The goods once reaches the port of discharge is considered received by the buyer or buyers parties despite delays in taking possession of the goods by the Buyer or Buyer's agents. Any payment that is due after receipt of goods at the port of discharge, shall be payable from the date the goods reaching the port of discharge. Any deviation from this clause shall be applicable only upon written confirmation of an authorized representative of REDRAZ INTERNATIONAL.

 

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TRANSPORTATION AND RISK OF LOSS

As & where applicable, the method and route of shipment are at REDRAZ INTERNATIONAL’s discretion unless Buyer timely supplies explicit instructions otherwise, Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if REDRAZ INTERNATIONAL made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

 

Circumstances beyond REDRAZ INTERNATIONAL’s CONTROL

REDRAZ INTERNATIONAL is not liable for any liability to any loss or damage arising out of circumstances beyond REDRAZ INTERNATIONAL’s control. These include but not limiting to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of shipment, any act of omission by a person not employed or contracted by REDRAZ INTERNATIONAL – e.g., Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g., earthquake, cyclone, storm, flood, epidemic, political turmoil, fog, war, plane crash, embargo, riot, civil commotion or industrial action.

 

REDRAZ INTERNATIONAL is not liable for any compliance or ethics issues of suppliers of REDRAZ INTERNATIONAL beyond the scope of working REDRAZ INTERNATIONAL's business with the supplier, though REDRAZ INTERNATIONAL shall , in best of its efforts, seek all its direct suppliers to be compliant of all legal, ethical and moral regulations. REDRAZ INTERNATIONAL is not liable for any compliance or ethics issues of direct or indirect customers and buyers of REDRAZ INTERNATIONAL.

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CANCELLATION OR MODIFICATION

Any order placed with and accepted by REDRAZ INTERNATIONAL may be cancelled by Buyer only upon REDRAZ INTERNATIONAL’s approval in writing signed by an authorized representative of REDRAZ INTERNATIONAL and upon terms that indemnify REDRAZ INTERNATIONAL against any loss. REDRAZ INTERNATIONAL may cancel all or any part of this order and discontinue its performance here-under without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

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TAXES

Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are EXW ('Ex-Works' / 'EXW' - as per Incoterm 2010) REDRAZ INTERNATIONAL’s facilities unless particularly specified.

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PAYMENT

Amounts not paid within the stipulated time indicated in the binding Quotation or pro forma invoice or invoice or estimate are overdue and shall accrue interest at a rate of twenty four percent (24%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse REDRAZ INTERNATIONAL for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.

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GOVERNING LAW AND ARBITRATION

This document shall be interpreted and governed exclusively by the laws & courts of the Lakhimpur Kheri District, UttarPradesh, INDIA.

Any dispute or difference either in interpretation or otherwise, of any terms of this General Terms & Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by REDRAZ INTERNATIONAL and his/her/their decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Lakhimpur Kheri. The Court of judicature at Lakhimpur Kheri alone shall have the jurisdiction and the Laws of India shall exclusively apply.

 

WARRANTY AND DISCLAIMER

REDRAZ INTERNATIONAL warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.

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ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the General Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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LIMITATION OF LIABILITY

Buyer acknowledges and agrees that REDRAZ INTERNATIONAL’s liability for any claims with respect to the Goods shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on REDRAZ INTERNATIONAL’s liability here-under shall apply even if REDRAZ INTERNATIONAL’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within three (3) months after the cause of action as accrued.

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RETURN OF MATERIAL

As & where applies, upon delivery of Goods by the REDRAZ INTERNATIONAL to an agreed place, Buyer shall have two (2) days to inspect the Goods and notify REDRAZ INTERNATIONAL, in writing, of any defective goods or other cause for rejection. Buyer agrees that two (2) day period provides Buyer a reasonable opportunity to inspect the Goods. Such notification shall identify each and every reason for any rejection of goods. Buyer’s failure to reject the Goods within such two (2) day period shall constitute a waiver of Buyer’s inspection right and provides an unqualified and irrevocable acceptance of the Goods by Buyer.

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INDEMNITY

Buyer shall defend, indemnify and hold harmless REDRAZ INTERNATIONAL and its affiliated or related companies and it’s owners and employees from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without REDRAZ INTERNATIONAL’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of REDRAZ INTERNATIONAL, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnity or as a result of Indemnities’ strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnity has by law.

 

SEVER ABILITY

The invalidity or un-enforceability of any provision shall not affect any other part of these General Terms & Conditions

 

The Incoterms® rules have become an essential part of the daily language of trade. They have been incorporated in contracts for the sale of goods worldwide and provide rules and guidance to importers, exporters, lawyers, transporters, insurers and students of
international trade.

RULES FOR ANY MODE OR MODES OF TRANSPORT

• EXW Ex Works
“Ex Works” means that the seller delivers when it places the goods at the disposal of the
buyer at the seller’s premises or at another named place (i.e.,works, factory, warehouse,
etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need
to clear the goods for export, where such clearance is applicable.

• FCA Free Carrier
“Free Carrier” means that the seller delivers the goods to the carrier or another person
nominated by the buyer at the seller’s premises or another named place. The parties are
well advised to specify as clearly as possible the point within the named place of delivery, as
the risk passes to the buyer at that point.

• CPT Carriage Paid To
“Carriage Paid To” means that the seller delivers the goods to the carrier or another person
nominated by the seller at an agreed place (if any such place is agreed between parties) and
that the seller must contract for and pay the costs of carriage necessary to bring the goods
to the named place of destination.

• CIP Carriage And Insurance Paid To
“Carriage and Insurance Paid to” means that the seller delivers the goods to the carrier or
another person nominated by the seller at an agreed place (if any such place is agreed
between parties) and that the seller must contract for and pay the costs of carriage
necessary to bring the goods to the named place of destination.
‘The seller also contracts for insurance cover against the buyer’s risk of loss of or damage to
the goods during the carriage. The buyer should note that under CIP the seller is required to
obtain insurance only on minimum cover. Should the buyer wish to have more insurance
protection, it will need either to agree as much expressly with the seller or to make its own
extra insurance arrangements.”

• DAT Delivered At Terminal
“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from
the arriving means of transport, are placed at the disposal of the buyer at a named terminal
at the named port or place of destination. “Terminal” includes a place, whether covered or
not, such as a quay, warehouse, container yard or road, rail or air cargo terminal. The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the
named port or place of destination.

• DAP Delivered At Place
“Delivered at Place” means that the seller delivers when the goods are placed at the disposal
of the buyer on the arriving means of transport ready for unloading at the named place of
destination. The seller bears all risks involved in bringing the goods to the named place.

• DDP Delivered Duty Paid
“Delivered Duty Paid” means that the seller delivers the goods when the goods are placed at
the disposal of the buyer, cleared for import on the arriving means of transport ready for
unloading at the named place of destination. The seller bears all the costs and risks involved
in bringing the goods to the place of destination and has an obligation to clear the goods not
only for export but also for import, to pay any duty for both export and import and to carry
out all customs formalities.

RULES FOR SEA AND INLAND WATERWAY TRANSPORT

• FAS Free Alongside Ship
“Free Alongside Ship” means that the seller delivers when the goods are placed alongside
the vessel (e.g., on a quay or a barge) nominated by the buyer at the named port of
shipment. The risk of loss of or damage to the goods passes when the goods are alongside
the ship, and the buyer bears all costs from that moment onwards.

• FOB Free On Board
“Free On Board” means that the seller delivers the goods on board the vessel nominated by
the buyer at the named port of shipment or procures the goods already so delivered. The
risk of loss of or damage to the goods passes when the goods are on board the vessel, and
the buyer bears all costs from that moment onwards.

• CFR Cost and Freight
“Cost and Freight” means that the seller delivers the goods on board the vessel or procures
the goods already so delivered. The risk of loss of or damage to the goods passes when the
goods are on board the vessel. the seller must contract for and pay the costs and freight
necessary to bring the goods to the named port of destination.

• CIF Cost, Insurance and Freight
“Cost, Insurance and Freight” means that the seller delivers the goods on board the vessel or
procures the goods already so delivered. The risk of loss of or damage to the goods passes
when the goods are on board the vessel. The seller must contract for and pay the costs and
freight necessary to bring the goods to the named port of destination.
‘The seller also contracts for insurance cover against the buyer’s risk of loss of or damage to
the goods during the carriage. The buyer should note that under CIF the seller is required to
obtain insurance only on minimum cover. Should the buyer wish to have more insurance
protection, it will need either to agree as much expressly with the seller or to make its own
extra insurance arrangements.”

TERMS OF PAYMENT

Payment Method 1: Open account
Buyer receives the goods and then pays for them, usually with a credit period attached (30, 60 or 90 days).

Payment method 2: Bank collection
This is a more secure option than an open account, whereby, as the name suggests, your
bank collects the money on your behalf. It is also known as a documentary collection.
An instruction document is forwarded by your bank to your buyer’s bank for release against
either Payment (Documents against Payment) or Acceptance – of a Bill of Exchange
(Documents against Acceptance).
This can be a good way of “meeting in the middle” with your buyer, wherein the risk is
reduced (but not eliminated) for you both.
It is also not as time consuming or costly as a letter of credit, and doesn’t take up any credit
facilities.

Payment method 3: Letter of credit
A letter of credit is essentially a bank’s promise to another bank that you they know you and
(hold your overdraft facility) will act as a guarantor for your transaction. You need both
banks’ party to the transaction to agree to act in this way.
Once it is agreed, in the event that your buyer is unable to make payment, the bank will
cover and pay the outstanding amount, provided that certain delivery conditions have been
met.
One of the important things to note from a payment method perspective is that, if ever you
receive a letter of credit, ensure you give it your immediate attention and check it in detail.
Remember, it is a document that should lead to your business being paid on time. Lack of attention to detail could delay payment and cost you money.

Payment method 4: Advance payment
Consumers essentially do this every day when
purchasing online, being charged either at the time of order or when the goods dispatch.
This method is advisable in the following circumstances:
• You have a new relationship with the buyer, where there is a ‘lack of trust’ between buyer and seller
• The buyer does not have a strong credit rating
• You sell a unique/rare product of high value.
So, once you have selected the appropriate method of payment, allow sufficient time to get
everything in place and make sure you ask questions – of your buyer, if need be, and
especially of your bank, who are there to help.