TERMS AND CONDITIONS OF SALE
1. IN THESE CONDITIONS:
“SELLER” means Mimshach Gte Ltd., Sri Lanka
“BUYER” means the person, firm or company so described as Customer in the Order.
“Conditions” means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any varied or special terms and conditions agreed in writing between SELLER and the BUYER.
“Contract” means the contract of the sale and supply of the Goods and/or the supply and performance of the Services subject to these Conditions.
“Goods” means the Goods (including any installment of the Goods or any part of them) described in the Order.
“Order” means any written quotation of Mimshach Gte Ltd. Which is accepted by the BUYER, or any written order of the BUYER which is accepted by Mimshach Gte Ltd.for the supply of Goods or performance of Services.
“Price” means the Price of the Goods and/or the charge for the Services.
2. ACCEPTANCE
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER’S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
3. DELIVERY, CLAIMS, DELAYS AND RETURNS
Upon receipt of the order and the payment for the same in full (hereinafter known as date of sale), the SELLER will ensure all Goods as per Order shall be dispatched to the delivery address within 30 days from the date of sale (unless otherwise agreed upon).
For any reason, if SELLER is unable to dispatch the total demands for Goods specified in the Order within the 30 days from the date of payment, the SELLER shall inform BUYER via email of such delays, and arrange for an alternate shipping date. In such event the BUYER has the right to reject the Order and the SELLER will refund all monies paid by the BUYER within 21 days of such claim. The SELLER shall not be liable for payment of any interest on the refund value.
SELLER shall not be liable for any loss, delay in transit or any penalty as a result of any reasons beyond SELLER’s reasonable control.
Once sold goods are NOT returnable, and NON refundable. Warranty Clause 9 shall apply for all defective goods.
4. PRICING
All sales prices are Cost and Freight (C&F) delivery port unless otherwise noted. The general method of shipment for each shipment will be through a recognized service provider (FEDEX / UPS/ DHL / or any other) or through certified first class mail. The SELLER reserves the right, in its discretion, to determine the exact method of shipment. SELLER reserves the right to make delivery in installments, all such installments to be invoiced separately.
5. TAXES AND OTHER CHARGES
BUYER shall pay all local tariffs and taxes measured and imposed upon the Order by the local fiscal and revenue regulators.
6. INFORMATION AND DOCUMENTATION
Upon dispatch of Goods, SELLER shall inform the BUYER via email any tracking / receipt number issued by the carrier. The SELLER will also provide via email a copy of the invoice against the Order and packing list (if any) to the BUYER. Any other document required by BUYER in conformity to Fiscal / Safety / Health/ Customs control will be provided by SELLER at an additional cost.
7. SELLER’S LIABILITY
SELLER shall not be liable for any claim, loss, damage or penalty as a result of any consequential loss that may be suffered by the BUYER in the re-sale or use of Goods.
8. SECRECY
SELLER holds all information provided by BUYER in absolute confidentiality, and shall not share or distribute such information.
9. WARRANTY
SELLER warrants that its products shall conform to the description of such products as provided to BUYER by SELLER through SELLER’s online catalog. SELLER’s sole and exclusive liability and BUYER’s exclusive remedy with respect to Goods proved to SELLER’s satisfaction to be defective or nonconforming shall be replacement of such Goods without charge or refund of the purchase price. All damage and shortage claims should be made within 30 days of delivery. Prior to settlement of such claim, the SELLER has the right to request for external evidence for such non-conformity. The SELLER provides a free-replacement warranty for all Goods against manufacturing defects for a period of one year from the date of sale. This warranty indemnifies the SELLER from any damage to Goods due to any external damage caused by misuse or any other external peril. When honoring the warranty the SELLER will pay all cost of Goods and shipping as per Clause 3 and 5.