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All orders are accepted in accordance with the terms and conditions here in specified, unless otherwise noted by purchaser within three working days of date of receipt. No Verbal orders shall be accepted. |
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All purchase order received by PHP are not subject to cancellation or modification except upon written approval by PHP and shall be subject to cancellation charges as determined by PHP.
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Cancellation charges depend upon the portion of the products completed at the time of such cancellation. The buyer shall pay the cancellation charges estimated by PHP |
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Delivery dates are approximate and are based upon prompt receipt of all necessary information from Buyer (i.e. Purchase order, Advance payment, clarifications, samples, drawings, point of delivery etc…). PHP shall select the means of transportation unless buyers provide specific written instruction otherwise, with Buyer order. PHP shall not be responsible for delivery of any quantities for which Buyer has not given shipping instructions. Our responsibility ceases when the goods leave our premises. We are not responsible for any damage, shortage, or loss of goods while in transit. |
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PHP Shall not be liable for delay in delivery or for failure to manufacture or supply of products in the event of: Act of God, war riot, fire, explosion, Accident, Flood, sabotage, Lack of adequate, power, fuel, labour, raw materials, transportation facilities, compliance with governmental requirements, breakage or failure of machines, testing instruments or any other events whether or not of the class or kind enumerated herein beyond the control of such party or in event of labour trouble, strike, lockout, or event which makes impracticable the manufacture, transportation, sale, purchase, acceptance, use or resale of products or a material upon which the manufacture of product is dependent.
If PHP determines that product or any materials used for manufacturing the products of any quantity directly or indirectly is hindered, Limited or made impracticable to manufacture obtain or purchase, PHP may allocate its available supply of products or such material (without obligation to acquire other supplies of any such products or materials) among itself and its purchase on such basis as PHP determines to be equitable without liability for any failure of performance, which may result there from.
Deliveries not made by reason of this section shall be cancelled without liability, but this agreement and/or order shall other wise remain unaffected. No claim is allowed for the failure, damaged or broken product due to transportation, mishandling, installation of products and No claim is allowed for the loss of any kind due to installation or failure of the products. PHP shall not be responsible for loss of any kind that arises due to delayed delivery of products and no claim is allowed under this section. In no event shall PHP be liable for indirect, special, incidental, or consequential damages. |
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Taxes, Packing and forwarding charges |
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Taxes, Packing and forwarding charges shall be extra. Price does not include all these charges. Buyer has to bear any increase in packing and forwarding, Governmental charges, taxes and duties during the course of transaction. |
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All disputes are subject to the jurisdiction of High Court of Mumbai, INDIA only. PHP always considers that all the transactions between the Buyer & PHP are executed only under full agreement and understanding of the terms and conditions by the Buyer. Any other terms and conditions, received during the course of dealing through Buyer purchase order, Shipping documents or by any other form will not add, cancel or modify the terms and conditions of PHP, unless otherwise agreed to, in writing by PHP and no modification/s shall be effected by acknowledgement or acceptance of purchase order. |
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Order Changes / Amendments |
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If Buyer wants to change quantity, drawings, designs or specification of the product/s to be manufactured they must give written notice to PHP to amend the desired changes in product. After receipt of such notice, PHP will inform to Buyer of any revision in Price, delivery schedule etc. Any changes requested by the Buyer should be notified to PHP within 24 hours of releasing the order. Buyers are solely responsible for any loss, direct or indirect expenses arrived at due to any changes in the products. No verbal amendments shall be accepted. |
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All Payments have to be made by T/T or D/D or Cheque payable at par in case of local sales. Payments to be done as 100% against Proforma Invoice
OR
50% Advance and Balance against Proforma Invoice
OR
As agreed by PHP.
Price and discount are subject to change without notice.
All quotations are valid for 30 days unless otherwise stated. |
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All prices are Ex - Works, Mumbai. Prices, discount, delivery and designs are subject to change without notice. PHP shall have the right to revise discount, Prices, point of delivery, service allowance or terms of payment at any point of time during the course of transaction. If buyer restricts any revision desired, PHP shall have the right to terminate this order by notice to buyers, suspend deliveries. Any delivery suspended under this section shall be cancelled without liability. |
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Indemnity and Subrogation Waiver |
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Buyer agrees to indemnify and hold PHP harmless with respect to any third party claim for personal injury or death, property damages or other loss, claim/s of which is/are based upon defective or allegedly defective design, material or workmanship furnished by PHP. Buyer also agrees that any liability arising, or insurance policies which Buyer may have to provide, subrogation rights against PHP are waived. |
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To the extent that PHP develops a new process while designing a new product on behalf of Buyer, the rights to the new process and or product including patent rights shall remain with PHP. |
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