Introduction
Quality Terms & Clarity
The Buyer acknowledges that the quality of goods purchased shall conform to industry standards and specifications as provided by the BuilditIndia & Vendor. Any discrepancies in quality shall be addressed to BuilditIndia within 24 hours in accordance with the return policy outlined herein.
Manufacturer’s Quality Self-certification
Reputed manufacturers could be relied upon with respect to certain goods for quality products. These may not be subjected to physical inspection and the materials may be accepted under the firm’s quality self-certification.
Normally unless otherwise intended in the PO, charges of routine testing prior to dispatch of materials are to be borne by the Vendor and charges of testing of materials after receipt by buyer/consignee are to be borne by the Buyer. Test reports must contain the values obtained in the tests besides fail/pass results.
Variance in Quantity Delivered
The Buyer accepts a permissible variance of up to 5% in quantity delivered, subject to product-specific variations. Any variance beyond this limit shall be addressed in accordance with the applicable policies. Product specific variance shall be subject to respective IS codes.
At the time of delivery, the actual quantity may vary from the quantity mentioned in the delivery order. In case of excess available material, BuilditIndia reserves the right to retain 180 material in excess of quantity in the lot at its discretion. The Buyer may be allowed to lift the additional quantity after making the requisite additional payment to the BuilditIndia
Limitation of Liability
Builditindia.com unequivocally disclaims any liability for losses incurred by the Buyer arising from theft, force majeure events, or any other unforeseen circumstances. Similarly, losses resulting from delays in supply or disputes between the Buyer and Vendor are expressly excluded from Builditindia.com liability.
Validity of Price
Prices listed on the platform are subject to availability and confirmation from the Vendor. Builditindia.com reserves the right to reconfirm prices based on current market conditions and availability. Builditindia does not guarantee the validity of prices until confirmed by the Vendor.
Order Irrevocability
Once an order is confirmed by Builditindia.com, cancellation is strictly prohibited without prior written consent from Builditindia.com. Likewise, the Vendor is prohibited from unilaterally cancelling confirmed orders without prior authorization from Builditindia.com.
Return Policy
In the event that the Buyer finds it necessary to reject goods, written reasons must be provided within 24 hours of goods receipt, and the same shall be promptly communicated to the Vendor. Should rejection be attributable to quality & quantity concerns, two independent inspection/weight reports from accredited third-party agencies shall be conducted at the cost of buyer. In the event that such claims are deemed unsubstantiated, the Buyer shall bear the cost of returning the goods and indemnify Builditindia.com against any resulting losses
Confirmation of Delivery
Buyers are required to promptly confirm the delivery of goods within 24 hours of receipt. In the absence of such confirmation, delivery will be deemed automatically confirmed after 24 hours of delivery. Any discrepancies in delivery must be reported promptly to Builditindia.com for resolution within the same 24-hour timeframe. Once delivery of goods is confirmed, whether by Buyer confirmation or automatic confirmation, no further claims shall be entertained thereafter
Payment Terms Policy
Payment terms shall be as agreed upon between the Buyer and Builditindia.com. Any delays in payment may attract delay charges 24% p.a. shall be levied for all payments received after due date. This will be applied on prorata basis to time & amount received.
Indemnification
The Buyer ("Indemnifying Party") shall fully indemnify, hold harmless, and defend (collectively "Indemnify") BuilditIndia.com, and their respective directors, officers, employees, agents, shareholders, and affiliates (collectively, "Indemnified Parties") against any liabilities, costs, charges, expenses (including reasonable attorney fees), claims, demands, actions, direct damages, or losses of any nature whatsoever which arise out of or relate to:
(a) Any breach of any representation, warranty, obligations, or covenants provided by the Indemnifying Party under this Agreement; and/or
(b) Any breach or violation of the Indemnifying Party under Applicable Law; and/or
(c) Any fraud, misconduct, misrepresentation, or negligence of the Indemnifying Party.
This indemnification obligation shall persist beyond the termination or expiration of this Agreement/policy and shall remain in full force and effect thereafter. The Buyer's obligations under this indemnification provision shall be without prejudice to any other rights or remedies available to BuilditIndia.com under this Agreement or at law, including but not limited to, the right to seek injunctive relief or specific performance, and the right to pursue damages or equitable remedies.
Final jurisdiction shall be the High Court of Gujarat, India, and any disputes arising out of or in connection with this agreement/Terms of this policy shall be subject to the exclusive jurisdiction of the said court.