Terms of trade

Scope

These terms apply to every quotation, order and shipment between Nexus Fresh Export, Surat, India, and the buyer, unless we have signed a separate contract that says otherwise.

Placing an order means accepting these terms. A buyer's own purchase-order conditions do not apply unless we have agreed to them in writing.

Quotations and orders

A quotation holds for seven days from the date we send it, unless it states a different period. Fresh produce prices move with the mandi, so a lapsed quotation has to be re-confirmed.

An order becomes binding only when we issue a proforma invoice and receive the agreed payment or an acceptable letter of credit. Until then no stock is reserved.

Prices and Incoterms

Prices are quoted FOB, CFR or CIF as stated on the proforma invoice, under Incoterms 2020.

Import duty, VAT, customs clearance, demurrage and detention at the destination port are the buyer's cost in every case, including on CIF terms.

Payment

For a first order we ask for full advance against the proforma invoice, or an irrevocable letter of credit at sight confirmed by a bank acceptable to us.

Bank charges outside India are the buyer's cost. Documents are released only after payment is received or the letter of credit is confirmed.

Packing and marking

Goods are packed in mesh bags, jute bags or ventilated cartons as agreed on the proforma invoice.

Buyer's own brand, labels or artwork are printed at the buyer's cost. The buyer confirms the artwork in writing and is responsible for its accuracy, including any wording required by the destination country.

Quality, grading and inspection

Goods are supplied to the grade and size stated on the proforma invoice, with the usual variation of a natural farm product.

Every consignment is graded and inspected before stuffing. Photographs of the loaded container and the seal number are sent before the truck leaves.

A buyer may appoint an independent surveyor at load port at their own cost. Where no surveyor is appointed, our pre-shipment inspection is taken as final on quality at the time of loading.

Weights and tolerance

Net weights are as declared on the packing list, with a tolerance of plus or minus five per cent on the total consignment.

Fresh produce loses weight in transit. Normal moisture loss during the voyage is not a shortage and is not a basis for a claim.

Shipment and delivery

Sailing schedules and transit times are given in good faith and are estimates only. We are not liable for losses caused by carrier delay, vessel roll-over, port congestion or customs holds.

Risk passes to the buyer at the point set by the agreed Incoterm. Once the container is sealed and handed to the carrier, the temperature setting is a matter for the carrier.

Documents

We supply the commercial invoice, packing list, bill of lading, certificate of origin and phytosanitary certificate as standard.

Any further document, legalisation or attestation required by the destination country is arranged at the buyer's cost, provided the buyer tells us before shipment.

Claims

A quality or shortage claim must reach us in writing within 48 hours of container discharge, with photographs, the container and seal number, and an independent survey report.

Claims made after the goods have been sold on, repacked or moved from the discharge port cannot be assessed and will not be accepted.

Where a claim is found to be genuine, we settle by credit note against the next shipment or by refund on the affected cartons. Our liability is limited to the invoice value of the affected goods.

Government restrictions and force majeure

Indian export policy on vegetables can change without notice, including minimum export prices, quotas and outright export bans.

If a government order, crop failure, extreme weather, port or transport strike, or any other event outside our control prevents or delays shipment, we are not in breach. We will tell the buyer promptly and refund any advance for goods that cannot be shipped, less bank charges already incurred.

Cancellation

An order can be cancelled without cost before we begin procurement.

Once buying, grading or printing has started, actual costs incurred are deducted from any refund. After the container is stuffed, an order cannot be cancelled.

Governing law

These terms are governed by the laws of India. The courts at Surat, Gujarat have jurisdiction.

If any clause here is held to be unenforceable, the rest continue to apply.