1. Quotations
A quotation is an invitation to contract, not a binding offer, and holds only for the validity stated on it. Prices are based on the market and the specification given at the time of quoting. A change in specification, packing, quantity or destination means a new quotation.
2. Samples
Evaluation samples show typical quality. The contract quality is set by the pre shipment sample and the written specification, not by an evaluation sample sent earlier.
3. Contract
A contract exists once both parties confirm the sales contract in writing. It states product, specification, tolerance, quantity, packing, marking, price, incoterm, shipment window, payment terms and inspection rights. Anything not in it was not agreed.
4. Quality and tolerance
Agricultural produce varies. The contract states a tolerance, and material within that tolerance is contractual. Material outside it is reported to the buyer before shipment. Arrival analysis is assessed against the sealed pre shipment sample retained by both parties.
5. Weights
Shipped weight at the port of loading governs unless the contract says otherwise. Ordinary moisture loss in transit is not a claim.
6. Payment
As stated in the contract. Where a letter of credit is used, it must be workable and match the contract terms. Costs of amending an unworkable credit are for the buyer's account.
7. Shipment
Shipment windows are given in good faith. Delay caused by vessel schedules, port congestion, container availability, authority processing or crop failure is not a breach, and we will tell you as soon as we know.
8. Inspection
The buyer may appoint an independent inspection agency at loading at the buyer's cost unless agreed otherwise. Access is arranged on reasonable notice.
9. Claims
Claims must be notified within [ number ] days of arrival with supporting analysis from a recognised laboratory and reference to the sealed sample. Claims raised after the material has been processed or resold cannot be assessed.
10. Force majeure
Neither party is liable for failure caused by events outside reasonable control, including crop failure, government action, port closure and natural disaster.
11. Governing law
These terms are governed by the laws of India, with courts at [ jurisdiction ] having jurisdiction, unless the contract provides for arbitration under an agreed set of rules.
Template terms for a working site. Have a lawyer review them against your actual contracts before you publish.
