General Terms and Conditions
1. General Provision
1.1.) These general terms and conditions for the Purchase of Goods and/or Services shall apply to any Purchase Order except as otherwise expressly agreed in such Purchase Order. In case of any conflict between the main body of a Purchase Order and the attachments thereto, the provisions of the main body of a Purchase Order shall apply unless otherwise expressly provided.
2. Orders
2.1) Purchase Orders shall become binding on client only upon the written acceptance of the Purchase Order by HISAKA by the issuance of an Order Confirmation. Client shall be entitled to make changes to a Purchase Order prior to the receipt of an Order Confirmation. Changes by Client to a Purchase Order for which an Order Confirmation has already been received, shall not be binding unless accepted by HISAKA by the issuance of a new Order Confirmation. In the event that an Order Confirmation deviates from a Purchase Order, such deviation shall be binding on Client only if explicitly approved in writing by client.
3. Cancellation Policy
3.1) In case of Purchase Order issuance cancellation any time after Purchase Order issuance, a cancellation fee of (80% of Purchase Order amount) will be charged. Sending a Purchase Order considered as accepting of our cancellation policy.
4. Delay in Payment Policy
4.1) In case of Advance Payment applicable, Delay in advance payment which would delay the delivery time of the project / supply / services are considered as client responsibility and we are not in obligation to expedite the delivery if not possible.
4.2) In case of Payment After Delivery, Delayed Payment Penalty, if the client fails to pay invoice amount within 10 days of the due date, the client will be charged a late payment penalty of 3% of total unpaid Purchase Order amount for every week of delay.
5. Force Majeure
5.1) Neither party shall be liable for any failure or delay in performing any obligation under this Agreement caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, civil unrest, strikes, government shutdowns, pandemics, and other public health crises. If a force majeure event occurs, the affected party shall notify the other party in writing within [5] days of the event. The parties shall then use their best efforts to mitigate the effects of the event on the other party and to resume performance of their obligations under this Agreement as soon as possible.
6. Delay in Delivery
6.1) If the delay in delivery happened due to HISAKA bad activities / mistakes, HISAKA will be responsible and obligated to make whatever mitigation actions required to complete and expedite the delivery.
6.2) If the delay in delivery happened due to client mistakes (delay in confirmation on technical document's / delay in response / delay in acting) HISAKA will not be bared responsible for such activities and shall support to expedite the delivery but not obligated to do so. In case of additional expediting charges required, client should handle the charges.
6.3) In case the client fails to assign or nominate a forwarder to collect the materials on the given timeline, for the Purchase Order under Delivery terms EX-WORKS factory which causes unnecessary storage/detention charges, the client bears full responsibility for applicable storage/detention cost.
7. Warranty
7.1) Gasket Material : Gasket Material supplied are warrantied for a period of twelve (12) Months from the date of FCR/WL/BL/DN/GR against any defects in material ; if and only, stored in a cardboard box provided by HISAKA to avoid ultraviolet exposure , stored inside a cool place avoiding direct sunlight and high temperatures and high humidity and stored without placing items above it. The material is not warrantied against mis-use or neglect, damage caused by accidents, fire, or other natural disasters, damage caused by unauthorized repairs or modifications
7.2) Plates Material : Plates supplied are warrantied for a period of twelve (12) months from the date of FCR/WL/BL/DN/GR against any defects in material; if and only, stored properly in wooden box provided by HISAKA, stored inside a cool place avoiding direct sunlight, exposure to rain, high temperature and high humidity environment. The material is not warrantied against mis-use or neglect, damage caused by accidents, fire, or other natural disasters, damage caused by unauthorized repairs or modifications
7.3) If the material (either plates or gaskets) is found to be defective under the terms of the warranty, HISAKA will be responsible for repair or replace the product at its discretion.
