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Seller Terms & Conditions

Seller Terms and Conditions

Application

  1. The seller shall sell and the buyer shall buy the goods in accordance with any quotation or offer of the seller which is accepted by the buyer or any order of the buyer which is accepted by the seller.

  2. These terms and conditions shall prevail over any other terms or conditions to which any quotation or offer is accepted or purported to be accepted by the seller or any such order placed by the buyer.

  3. Industrofy reserves the right to amend these Terms and Conditions. 


Interpretation 

  1. In these terms and conditions, unless context otherwise specifies, the phrases shall have the following meaning:

  2. "Business day" means any day other than Sunday or bank holiday.

  3. “Buyer" means the person who accepts the quotation or offer of the seller for sale of goods or whose offer is accepted by the seller.

  4. “Contract" means any contract of sale of goods that is entered into between the seller and purchaser, including a contract between Industrofy and another seller.

  5. “Contract Price” any price agreed to be paid as stated in the contract which is payable for the goods 

  6. “Delivery Date” means the date on which goods are received or estimated to be received  by the buyer.

  7. “Goods” means the articles that are agreed to be supplied by the seller in accordance with the contract.

  8. “Seller” means and includes Industrofy, all employees and agents of Industrofy and any entity authorised by Industrofy to sell its goods on the website.   

  9. “Party” or "Parties" refer to the entity bound by these terms and conditions of these Terms and Conditions. Seller is a party.

  10. The headings used in the Terms and Conditions are for convenience and shall have no effect on interpretation of  the Terms and Conditions.

  11. Reference to any gender shall include other genders as well.


Basics of Sale

  1. Any entity willing to sell goods through Industrofy shall register through the Google form – https://forms.gle/ETsqi6H5MEiSfk9f7 

  2. The decision as to the finalisation of the registered entity as a seller is the sole discretion of Industrofy and shall be considered final.

  3. Registration of the entity through the Google form is not the approval of being a seller. No entity other than the one approved by Industrofy shall be the Seller on this platform.

  4. Any disapproval as to the approval of Seller shall not be entertained. The decision of Industrofy is held to be final

  5. The Sellers are not authorised to make any representation of goods unless confirmed by Industrofy.

  6. No variation as to terms and conditions is permissible unless agreed upon by Industrofy and an entity authorised to be a seller by Industrofy.

  7. No order placed by the Buyer shall be deemed to be successfully placed until accepted by the Seller.

  8. The specification of goods shall be that which is made by the Seller in product details. 

  9. Illustrations, photographs or descriptions, whether in catalogues, brochures, price lists or other documents issued by the seller, are intended as a guide only and shall not be binding on the seller.

  10. The Seller reserves the right to make any changes as to the description of goods such that, where goods are to be delivered to the buyer, they do not materially affect their quality or performance.

  11. Industrofy relies on the information given by the seller on the Google form; any misrepresentation or fraud by the seller will lead to legal action against the seller. The products are sold on the Industrofy marketplace on an “as is, where is" basis, relying on the specifications by the seller. Industrofy holds no liability to the buyer for misrepresentation or fraud on the part of the seller.


Price of the Goods 

  1. The price of the goods must be as stated by the seller at the date of acceptance by the buyer.

  2. The seller may or will allow buyer quantity discounts subject to and in accordance with the conditions set out in the seller's published price list for the goods current at the date of acceptance of the buyer's order.

  3. Unless otherwise stated, all charges are inclusive of the seller's charges for packaging and transport.



Defective Goods 

  1. Seller shall not be liable in respect of any defect arising from fair wear and tear or any wilful damage; negligence, subject to normal conditions; failure to follow the Seller’s instructions; misuse or alterations of the Goods without the Seller's prior approval; or any other act or omission on the part of the Buyer, its employees, agents or a third party.


Force Majeure

  1. Neither party shall be liable for any failure or delay in performing their obligation where such failure or delay results from any cause that is beyond reasonable control of that party. Such causes include, but are not limited to, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, governmental action or any other event that is beyond the control of either party in question.





Waiver 

  1. The parties agree that no failure to perform these Terms and Conditions shall constitute a right to waive the right to subsequently waive off any preceding or subsequent breach and shall not constitute a subsequent breach.


Severance 

  1. The parties agree that in the event any one or more provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that/those condition(s) shall be deemed to be severed from the remainder of the Terms and Conditions. The remainder of these shall be valid and enforceable.


Third-Party Rights

  1. The person who is not a party to the contract shall not be eligible to any rights under the contract.


Law and Jurisdiction

  1. Any dispute arising relating to these terms and conditions or to the contract, including any non-contractual matters or obligations arising therefrom, shall fall within the jurisdiction of competent courts of Kolkata, West Bengal.