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Terms and Conditions

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Effective Date: [March 11, 2021]

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Divya Industries (“the Company”) and any client, buyer, or supplier (“Client” or “you”) utilizing our manufacturing, procurement, sales, or other commercial services (“Services”).

 

1. Acceptance and Agreement Overview

 

By engaging in any commercial transaction with Divya Industries, submitting a Purchase Order (PO), or using our digital portals, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. These Terms apply unless superseded by a signed Master Supply Agreement or separate written contract.

 

2. Purchase Orders, Pricing, and Acceptance

 

  • Purchase Order (PO): All orders are subject to acceptance by Divya Industries. The submission of a PO by the Client constitutes an offer to purchase under these Terms.

  • Acceptance: An order is deemed accepted only when Divya Industries issues a written Order Confirmation or begins production/delivery.

  • Pricing: Prices quoted are valid only for the period specified. Prices are subject to change due to raw material cost fluctuations, currency exchange rates, or regulatory duties prior to order acceptance. Prices are exclusive of all sales, use, or excise taxes unless explicitly stated otherwise.

 

3. Payment Terms and Credit

 

  • Payment: Payment terms (e.g., Net 30 days) shall be specified in the Order Confirmation or Master Agreement.

  • Late Payment: The Company reserves the right to charge interest on overdue amounts at a rate of [Insert Percentage, e.g., 1.5%] per month, or the maximum rate permitted by law.

  • Credit Assessment: All sales are subject to the approval of the Client’s credit by the Company. The Company may, at any time, require payment in advance or other security if the Client’s financial condition warrants it.

 

4. Delivery, Title, and Risk of Loss

 

  • Delivery Dates: Any delivery dates provided are estimates. Divya Industries is not liable for delays in delivery.

  • Incoterms: Delivery terms (e.g., EXW, FOB, CIF) will be defined according to the latest version of the Incoterms in the Order Confirmation, which determines the point at which Risk of Loss and Title (ownership) transfer from the Company to the Client.

  • Inspection: The Client must inspect goods immediately upon receipt and notify the Company of any damage or discrepancy within [Insert Days, e.g., 5] business days.

 

5. Warranties and Limitation of Liability

 

  • Limited Warranty: Divya Industries warrants that the goods supplied will conform to the agreed-upon specifications and will be free from defects in materials and workmanship for a period of [Insert Months, e.g., six (6) months] from the date of delivery.

  • Disclaimer: THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  • Limitation of Liability: DIVYA INDUSTRIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR PRODUCTION) ARISING FROM THE SALE OR USE OF GOODS. THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC GOODS OR SERVICES GIVING RISE TO THE CLAIM.

 

6. Intellectual Property and Tooling

 

  • Company IP: All designs, proprietary manufacturing processes, technical drawings, and documentation created or owned by Divya Industries remain the exclusive property of the Company.

  • Client IP: Any specifications, trademarks, or designs provided by the Client remain the Client’s property. The Client grants Divya Industries a non-exclusive, royalty-free license to use such IP solely to fulfill the agreed-upon order.

  • Tooling: If the Company designs or manufactures specific tooling (molds, dies, jigs) for the Client, the ownership of the tooling remains with Divya Industries unless a separate written agreement states otherwise.

 

7. Force Majeure

 

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war, labour disputes, riots, pandemics, governmental regulations, or inability to obtain necessary materials from customary suppliers. The affected party must notify the other party promptly.

 

8. Governing Law and Dispute Resolution

 

These Terms and any commercial dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Insert the Country/Jurisdiction, e.g., India]. The parties agree to submit to the exclusive jurisdiction of the courts located in [Insert the relevant city, e.g., Mumbai] for the resolution of any disputes.

 

9. 📢 Notification and Communication Consent

 

By accepting these terms, you acknowledge and consent to receive notifications and promotional communications from us through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, or any other digital communication platforms.

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@divyaindustries.shop.