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PAPER TRADE CUSTOMS OF INDIAN TRADE                                                                                                    EFFECTIVE FROM 1992

   

 OTHER TERMS

1.   All contracts are deemed to be entered into at the head office/ registered office of the mill concerned. The seller may call

      for payment at any of their offices suiting their convenience.

2.   Delivery of goods which may arrive at the buyer's station must be taken and buyer must accept railway receipt or lorry

      carrier note and/ or mill draft/bill as correct without further proof of correct dispatch.

3.   Each delivery under a contract is to be considered a separate contract. The date for payment specified in the terms are

      of the essence of the contract, if the buyers fail to pay on the due dates for payment the company will be entitled (a) to

      treat such failure as a repudiation, (b) to repudiate further performance of all deliveries to be made under the indent, and

      (c) to claim damages forthwith for the breach of the contract in respect of all deliveries.

      Further, if the buyers fail to pay on the due dates under any indent, the company will be entitled to stop supplies under

      other indents and claim damages, including interest at the discretion of the nail.

4.   Indent or portion of same, to be considered executed as soon as placed on rail or lorry at mill siding, on steamer and rail

      or lorry receipt or shipping documents obtained. The company is not to be held responsible for any delay in transit by

      rail, road, or river/sea to buyer's station or port.

5.   Qualities to be as near as possible to those of the company's current standards unless otherwise contracted for, or

      mandatory under any act of Government of India.

6.   Railway receipt or lorry carrier note, bill of lading shall be proof of date of dispatch.

7.   Notice from one party of the other shall be deemed to have been duly delivered if left at the other's last known place of

      business or if posted in a registered cover addressed to the other at such place.

8.   All disputes whatsoever arising on or out of or in connection with or arising in any way with any contracts/indents/order

      acceptances for supply of the goods by the seller paper mill to the buyer, shall be referred to a mutually agreed party and

      or parties or if not then referred to the Chamber of Commerce for arbitration, where the Mill's administrative or registered

      office is located and/or where the seller mill concerned is a member according to its rules for arbitration.

9.   All risks and responsibilities of the paper mill shall cease as soon as goods are handed over to the authorized carriers.

10. Buyers shall accept and pay for all goods dispatched against orders.

11. Time of shipment and/or delivery is to be understood relating to manufacturer's railhead or port of shipment and with

      reservations against delay of the availability of bookings or scheduled shipping opportunity. Where a date for time of

      delivery is qualified by the words about or approximately or some similar expression, it shall mean that the seller mill is

      allowed a margin of four weeks either way, anyhow with the reservation against delay of rail booking availability or

      scheduled shipping opportunity.

12. Where goods are sold c.i.f. insurance shall cover the amount of invoice only, unless the buyer within reasonable period of

      time, before shipment, shall have requested the seller to insure for a large amount, in which case the premium on the

      excess value shall be to the account of the buyer.

13. Any duties or other public charges imposed by any country into which goods are imported, shall be borne by the buyer

     and any such charges by the exporting country shall also be to the account of the buyer.

14. Legal prohibitions subsequent to the conclusion of the contract affecting the import of goods into the importing country

     shall entitle the buyer to cancel the order, except as to goods which are due for delivery not more than two months from

     the said event and which are already in the course of manufacture or shipment/transit.

15. Mills should insure goods for transit risk and recover the premium from customers, unless otherwise agreed.

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