Customer’s attention is specifically drawn to the fact that Business Head and Authorised Signatory of APOGEE have authority to make or give on behalf of the Company any representation, warranty, condition or statement other than those contained in these conditions.
The Payment Terms are as follows: (Shipping Documents will be routed through bank only)
For Part Price:
For Sea Shipment: 30% Advance (before commencement of Production) and balance on producing proof of BL.
For Air Shipment: 100% Advance
Tooling Cost: 50% Advance and balance on sample approval
Development Cost: 100% Advance at the time of business award
We can consider credit (in payment terms) but not without LC (Irrevocable and at sight). LC is like regulation (governmental guideline) in India for export cases and we are unable to go against it.
Samples will be prices separately and shipment cost of samples is on customer’s account.
The Tooling Cost and Development Cost is non-refundable and non-returnable in any case.
Quotation validity: 2 Weeks from the date of issue.
It is customer’s responsibility to inform us in advance about the quality checks required to be performed to certify goods as OK.
The Tooling (if any) will always remain in India and will be property of APOGEE, but will be used for specific project and customer only. In case customer wants ownership of the tooling, 18% (tax) extra may be charged.
Our quotations and other proposals are our best estimate based on the information provided to us. Any change in the specification (mentioned in this quotation) will impact the pricing and delivery. It is also customer’s responsibility to make sure that APOGEE has considered all the factors while quotation and manufacturing.
The prices offered are based on the volumes. Should there is any change in the volume, the price will change.
We request quarterly review of the prices based on Raw Material rates and Exchange rate and other input costs.
APOGEE Sourcing doesn’t offer any warranty (because the design is proposed and owned by customer).
APOGEE takes no responsibility of the product recall or warranty or guarantee or any type of product liability or civil liability or any other type of liability or loss to anyone (including third parties). In worst case, our liability is limited to replacement of parts only in next lot (after agreement with customer) or amount equal to Invoiced price of rejected parts (of a particular lot only).
In the event, APOGEE supplies product to customer as per agreed specifications but the physical product has some issue because of faulty design or wrong Raw Material Proposed in drawing or wrong drawing specification or wrong or incomplete RFQ specifications. In this case APOGEE is not liable to refund/ return anything to customer, because APOGEE has performed its duty of supplying goods as per drawing. Accuracy, correctness and ensuring correct understanding of specifications (to APOGEE) shall be customer’s responsibility.
Customer has to give feedback about quality and quantity or any other claim, within 1 week of receipt. Beyond 1 weeks, we are unable to entertain any observation.
Customer has to reach (in writing) to an agreement with us before making any deduction from our account/ payment.
Inventory: APOGEE Sourcing hasn’t considered any inventory carrying into any of the proposal.
In the event these Terms are for convenience translated from English into another language, the parties agree that the English version shall prevail.
Delay and Defect: Customer shall be entitled to cancel the order or claim as sole remedy a compensation for damages/ delay/ default in the amount of a maximum of 0.5 % of the invoice value for every full week of default/ impacted. In all events, APOGEE’s liability with respect to untimely delivery shall not exceed 1.5 % of the invoice value of the subjected deliveries
If customer wants/ plans to cancel/ close the business, customer has to compensate APOGEE, in-full for all the inventory and all the WIP.
APOGEE has full and unconditional right to exit from business at any time.
All Goods quoted Make to Order are quoted subject to being manufactured at the assigned factory when the Buyer’s order is accepted. It is further clarified to the Buyer that there may be delay by the factory to produce Goods and APOGEE can’t be held responsible for delay in production by the factory
Unless specified by the Buyer/ customer and accepted in writing by APOGEE, APOGEE shall deliver the Goods, when ready, to the Buyer or to the Buyer’s designated agent or to the Forwarder or to the Buyer’s Freight Agent, on Free on Board Delhi basis. APOGEE handovers the Goods after custom clearance either at ICD- TKD (Inter Container Depot – Tughlakabad, Delhi) or at IGI-Air Cargo (Indira Gandhi International Air Cargo, Delhi). APOGEE is not responsible in any way for the delay happened in custom clearance. The company will pay only for the Bill of Lading (B.L.) or Airway Bill (AWB) to the Buyer’s Freight agent or to the Buyer’s Forwarder in INR only and only on production of valid tax invoice (with reasonable market price). The company is not responsible to pay for any other charges such as railment from Delhi Port to Sea Port or any other charges incurred by the Buyer’s forwarder or Buyer’s Agent.
