Principal
Terms and Conditions of Sale for Products
These Terms and Conditions of Sale for
Products shall be the ‘Principal’ and, therefore, apply to all the sale(s) of
MEET Industry products (including but not limited to "TFMO Products")
to the Customer (including but not limited to "Distributors"). All other
terms and conditions in any agreement(s) and/or Contract(s) with or by the MEET
Industry pertaining to sales of the products are within the four corners and
ambit of the ‘Principal’. MEET Industry TFMO of any purchase order or other
Customer document ("Order") is expressly limited to and expressly
conditioned on the customer’s acceptance of the ‘Principal’. The applicability
of terms contained in the customer’s Order is limited to the identification and
quantity of Products ordered.
Pricing,
Freight, Payment, Shipping, and Returns
Product prices shall be determined and
fixed by the organization. For Orders specifying future-dated shipments, the organization
has the sole discretion to charge or change the price in effect on the date of
the shipment. Standard payment terms are immediate full payment with no credit
facility unless agreed to in writing by the organization. The customer shall
not make or take any deduction, set-off, or other adjustment without MEET's
prior written approval. Order quantities must meet the stated minimums for the
Products. Title and risk of loss transfer to the Customer upon delivery to the
carrier. If the organization pays freight on the Order, it may designate the
means of transportation and routing. If the customer requires alternative means
of shipment, the customer will pay any resulting costs. Where Product
availability is limited for any reason whatsoever, the organization may fill
orders or otherwise allocate Products in any manner it deems appropriate. Under
no circumstances will MEET Industry be liable for failure to ship or for the
customer’s failure to receive Products by a certain date. The customer must
keep its account current at all times. MEET Industry may withhold shipments,
payments, or other benefits and/or assess late fees and interest on any due
amount(s) until the account balance is current. Returns are subject to MEET
Industry
MEET Industry will manufacture and sell the Products in
compliance with the National, State, and Local Laws applicable to the Product(s).
Customer will comply with the National, State, and Local Laws applicable to the
handling, transportation, storage, use, processing, disposal, distribution,
sale, and resale of Products and to any of Customer’s products that contain or
are made by using MEET Industry Products. Under no circumstances will either
party offer or make any payment or give anything of value to another person or
entity where such payment or action would violate an applicable law or
regulation, including, but not limited to, any applicable anti-bribery,
anti-corruption, or anti-kickback law.
MEET Industry may provide Product information,
including technical information, specifications, recommendations, literature,
and other materials (collectively "Product Information), for the
customer’s convenience in their selection of Products. The accuracy or
completeness of the product information is not guaranteed and is subject to
change without notice. No licence under MEET Industry or any third-party
intellectual property rights is granted or implied with this Product
Information. The customer is solely responsible for evaluating and selecting
Products and determining whether each Product is fit for a particular purpose
and suitable for the customer’s use, resale, and method of application.
Products are not manufactured to any Customer requirements or specifications
unless expressly agreed to in writing by MEET Industry. Products that are sold
for the customer’s use or consumption may not be repackaged, resold, or
redistributed in any manner without MEET Industry's prior written consent.
Warranty, Disclaimer, and Limited Remedy
Unless a different warranty is
expressly specified on the applicable Product Information or Product packaging,
MEET Industry warrants that each Product meets MEET Industry's applicable
Product specifications at the time
MEET Industry ships each Product. MEET Industry MAKES NO OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OF TRADE.
If a product is nonfunctional or dead
out of the box during the period of the warranty without containing any sign of
damage, both internal and external, such product(s) will be considered under
the replacement warranty of MEET Industry, subject to technical inspection by
the ISO-certified in-house lab of MEET Industry.
Even if a Product does not conform to this
warranty, the customer’s sole and exclusive remedy is, at MEET Industry's
discretion, repair or replacement of the nonconforming Product.
Meet Industry has no obligation under
this warranty with respect to Products that are modified or damaged, including
through misapplication, misuse, abuse, accident, neglect, or mishandling
products.
The customer must notify MEET Industry
in writing within 30 days after receipt that it believes a Product is
non-conforming and, thereafter, cooperate with MEET Industry's investigation
pertaining to the manner of storage of the products, etc., to corroborate,
testify, and certify such claim(s). No claim(s) shall be admitted and/or
approved until corroborated, testified to, and certified by MEET Industry.
After the lapse of 30 days, the customer shall tend to waive all rights or
claims with respect to such non-conformance.
The foregoing warranty and remedy
shall not apply to experimental or developmental Products or products not
mentioned with any warranties that are sold "as is" and without any
warranty.
Except for the limited remedy above and
except to the extent prohibited by law, MEET Industry is not liable for direct,
indirect,
incidental,
special, punitive, or consequential damages (including, but not limited to,
lost profits, revenue, business, opportunity, or goodwill) that directly or
indirectly arise from or relate to Products, regardless of the legal or
equitable theory asserted, including, but not limited to, warranty, contract,
negligence, fraud, or strict liability.
The customer may cancel an Order only with
MEET's written consent. In the event of an approved cancellation and where MEET
Industry has incurred costs and expenses that cannot reasonably be recovered
through the sale of the Products to another person or entity, the customer will
pay MEET Industry for all such costs and expenses, which may include costs of
related raw materials, packaging, and other items dedicated to the products.
Meet Industry may cancel a Customer Order without obligation or liability upon
notice to the customer.
Product prices do
not include any applicable taxes, tariffs, duties, fees, or charges of any type imposed by any governmental
authority. Taxes will be separately
itemized on MEET Industry invoice and Customer will be liable for their full payment.
Where MEET Industry and the customer have a specific
agreement for the sale or supply of Products or an individual MEET Industry
business unit has issued specific terms and conditions for specific products,
that agreement or the business unit's specific terms and conditions
(collectively "MEET Industry Agreement Terms") will control as to
these Sales terms to the extent that the MEET Industry Agreement Terms are in
addition to or conflict with these Sales Terms. By placing an order for the
Product(s) with MEET Industry, the Customer agrees to be bound by all terms and
conditions, programme requirements, and other policies set forth in the
applicable MEET Industry price pages, order forms, or order systems.
Governing
Law and Dispute Resolution
Local
Laws of the State of Haryana, without regard to conflicts of laws principles,
shall exclusively govern MEET Industry's sale of Products to Customer(s). All
claims and disputes arising from or relating to these Sales Terms, any Order,
or the Products must be resolved exclusively through the following dispute
resolution processes:
(a)
good faith negotiations between duly authorized representatives of each party
conducted within 20 days of a request for negotiations;
(b)
if necessary, Arbitration before a neutral Arbitrator, Mr. Gurdeep Nehra
(Kurukshetra), jointly selected and paid for by the parties as per the
Arbitration and Conciliation Act, at a location acceptable to both parties; and
(c)
as a last resort, litigation The court at Kurukshetra, Haryana, shall have the
sole and exclusive jurisdiction to try and decide any dispute pertaining to any
dispute that may arise between the organization and the Customer. The Customer
agrees to submit to the jurisdiction of such a court in the event of any
litigation.
Changes
Meet
Industry reserves the right to change its Sales Terms at any time without
notice.
Last
revised on 14 july 2023