All sales made by Medsource Ozone Biomedicals Private Limited (“Seller”) to such person whom this invoice (“Invoice”) is issued to (“Buyer”) are subject to the following terms and conditions (“T&C”) set out in this Invoice. Any terms or conditions agreed orally or by any other form of communication which are in addition to, or are different, or contrary to these terms are hereby considered null and void. The T&C are as follows:
1. The Invoice shall be payable within agreed due date from the date of invoice.
2. If the Buyer fails to make the payment within the Due Date, then the Seller without prejudice to any other right or remedy available in law to the Seller, the Seller shall be entitled to:
(a) Cancel the order placed by the Buyer; or
(b) Suspend any further delivery or provision of goods to the Buyer.
3. The Buyer shall inform the company for any discrepancies in quantity immediately, and for any other discrepancy (like leakage / breakage etc.) the Buyer shall inform within 3 working days from receipt of goods.
4. If no discrepancy is reported, it will be presumed that the Buyer has received material
in good condition and as per his purchase order.
5. Once the goods are accepted and there is no discrepancy reported, material shall not be returned back and goods one sold by Seller will not be returned by the Buyer.
6. The delivery would be deemed to be completed as soon as the products are unloaded at the delivery point, in case of any visible material damage of the products during the transit, the Buyer will inform the seller immediately and shall make a written remark whilst receiving or returning the products.
7. The Seller shall remain the owner of all products, until such time the Buyer has made the full payment for the products as specified in the invoice.
8. The Seller cannot be held liable for any loss, delay or damage caused due to any force majeure event or reasons beyond the control of Seller.
9. The Buyer and the Seller shall seek to settle any dispute between them, arising out of or in connection with this Invoice (“Dispute”), by means of amicable negotiations negotiations followed by arbitrations. All disputes are subject to Faridabad Jurisdiction only.
10. Seller’s liability to the Buyer shall in no case exceed the amount of this Invoice.