Before starting a business deal with “Japonica Enterprises” terms and conditions should be known and agreed as this is vital part of business. All the terms are mentioned are based on general basis.
Some specific words have been used in our following text which has specific meanings. No other meaning should be taken from that. The detail of the same is as under:
Company: means M/s Japonica Enterprises, Haji pura bun Sialkot, Pakistan.
The Customer: The person, organization, representative of any organization, dealer, firm or company who purchase or want to purchase products from Japonica Enterprises.
The Goods: the article, products which M/s Japonica Enterprises produces and or supplies
Sales Contract: Our Proforma invoice serves as sales contract.
Prices: The cost or rate of product(s) at which the sales contract made.
These terms and conditions will apply to all sale and purchase transaction between the company and customer unless separately agreed in written and signed by the owner of the company.
As each client is unique in his ideas, location, order quantity level so these terms are negotiable in specific circumstances but negotiation should be made before confirmation of the order and should be approved by company proprietor or representative in written.
The placement of an order orally or written doesn’t has affect until company accepts this and issues a sales contract or Proforma invoice to the customer against that possible purchase.
Manufacturing lead time and order dispatch time mentioned in sales contract is just estimated based on experience and circumstances at a specific time period and while the Company will use all reasonable efforts to ensure it complies with any estimates given, the Company will not be responsible for any failure to meet with any such estimate or for any direct or consequential loss resulting there from.
The transaction made on the basis FOB terms the company is not responsible for any damage, shortage or loss of goods, after the goods has left the factory.
On CFR /C&F, CIF, DDU based terms or where the price of goods does include such cost, any loss, shortage or misplacement of goods should be notified to the company within 2 days, after shipment is received so that company can take necessary action.
The company will issue Proforma invoice/ sales contract against purchase offer sent by customer.
The order can be changed, added, revised or even cancelled before the confirmation of sales contract and before the initiation of production but after the confirmation of sales contract the order cannot be changed, revised or cancelled. Addition or any product can be made at this stage yet.
All the prices can be revised without any prior notice to customer, if the order is not confirmed within the 30 days of the quotation.
Normally the prices have validity of 30 days after the date of quotation offered by company. But after the written confirmation of sales contract by customer the prices will not be revisable for that order.
The customer must make all arrangements necessary to take release or delivery of Goods before the goods arrive at destination. The company is not responsible for any delay, loss, damage of goods at destination due to non provision of import documentation, custom duties etc by customer.
The payment terms mentioned in sales contract should be abide by strictly and customer don’t have any right to hold payment after the confirmation of Proforma invoice / sales contract.
Without any prejudice the company reserves the right to protect company benefits from possible loss on economical or virtual level which may result in stopping the production or delivery of goods or even can terminate the sales contract in following cases;
I) If any sum owing from the Customer to the Company for any reason what so ever is unpaid after the due date for payment.
II) If the Customer refuses to take delivery of or to collect (as the case may be) any goods.
III) If the Company has any reason to doubt the credit worthiness of the Customer.
IV) If the Customer’s receiver, liquidator or other supervisor appointed over any of its assets or undertaking or if the Company enters into any composition or arrangement with its creditors or commits any other act of insolvency.
V) If the Customer commits any breech of any Contract between the Company and the Customer; the Company shall be entitled to exercise its rights of termination or suspension of discussed terms at any time during which the event occurred and can ask the advance payment for all the goods before manufacturing or dispatch of goods.
The Company accepts no liability for delay or non fulfilment of any term of the Contract caused wholly or in part by “force majeure”, which includes war, strikes, lockouts, accidents, fire, earthquakes, floods or any other cause or causes not within the Company’s direct control.
By placing the order to company this is agreed that
I) Both the parties are entering into business deal freely.
II) Both the parties are agreed on above terms, until specified, agreed and signed by both separately.
These business terms has been revised on 9th August 2011 and applicable immediately, and valid until the further amendment/ revision has been made.
