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Definition


CONDITIONS OF PURCHASE


 

 


DEFINITION


 


CONFIDENTIAL INFORMATION

Buyer: Shall mean Shibaura Machine India Private Limited.

Seller shall mean and include any person, Firm or Company on whom this order is
placed.

All information given by Shibaura Machine for the purpose of development &
Production should not be divulged to any third party without prior written
approval.

 

 

Conditions of

Contract and

Delivery Terms

The goods shall correspond with the description or the samples or the original
specification thereof in full detail and must be delivered or dispatched within
the stipulated time; otherwise, the same shall be liable to be rejected and
Seller shall be deemed to have wrongfully neglected to deliver the goods
according to the contract. The Buyer shall in that event of his discretion be
entitled either to purchase such goods from other sources on the SelIer's
account in which case the Seller shall be liable to pay the Buyer any difference
between the price at which such goods have been purchased and the price
calculated at the rate set out in this order or to hold the Seller liable to pay
the Buyer damages for the non-delivery of goods by such wrongful neglect.

 

 

Place of Delivery

 

 

Supplies Against Our PO

The goods shall be delivered/dispatched strictly as per the instructions given
in this Purchase Order. All materials to be delivered at Buyer’s Works should
reach Buyer’s Stores before 3 p.m. on all week days except Sunday and first &
second Saturdays.

Part will be introduced in production only after our Vendor Development Cell,
Quality Control & Supply Group approval

All supplies should accompany (Direct Materials) a) Material Test Certificate b)
Inspection Report c) Other applicable tests at mutually agreed frequency.

Supplier must demonstrate commitment to SMIPL quality target of ZERO defects.

The NCR documents should be updated & submitted in the following occasions. a)
Quality Issues b) Customer Complaint

Corrective & Preventive action reports are to be submitted after detailed
analysis based on our Defect Information Report within a week

 

 


PACKING

Goods supplied against this order must be properly packed (conforming to special
instructions given by the Buyers, if any) for sale transport by road or rail to
the specified destination irrespective of where they are delivered.

 

 

Examination of Goods

Irrespective of the fact the goods are delivered to the Buyer by the Seller at
the Seller’s place or at the place specified by the Buyer or at the Buyer’s
Chennai Works or are dispatched as per the Buyer’s instruction by rail or
road, the goods shall always be subject to detailed examination at the Buyer’s
Chennai Works or such other destination as specified in the Order, for
ascertaining whether the goods are in conformity with the contract or not, and
until then in no event the Buyer shall be deemed to have accepted such goods.

 

 

Removal of Rejected Good

Within 15 days from the receipt of the intimation from the buyer of his refusal
to accept the goods, the Seller shall remove the rejected goods from the
Buyer’s Works at Chennai or from the place specified by the Buyer for delivery
of such goods, at this own cost. The Buyer shall not be responsible for or be
held liable for any loss of deterioration of the rejected goods. The Seller
shall pay to the Buyer reasonable storage charges for such rejected goods for
the period exceeding 15 days on aforesaid.

 

 

Bill and Invoices

All bills/invoice for supplies made bearing sales tax registration number of the
Seller should be marked to the Accounts Dept., Shibaura Machine India Private
Limited, PO BOX NO.5, Off Chennai-Bengaluru Highway, Chembarabakkam, Chennai -
600123, IN DUPLICATE, duly endorsed with Purchase Order reference number and
date, and be invariably accompanied by advice of dispatch, detailed packing
list, the receipted challan, and should also be accompanied by the appropriate
certificate necessary under Sales Tax Legislation. Such bills/invoices will be
paid for by the Buyer as per payment terms given in this Purchase Order.

N.B.  Kindly follow the above billing instructions carefully to enable early
settlement of your dues.  Disregard of the above may involve delay in such
settlement

 

 

Warranty

 

 

 

 

Environmental

The Seller shall be responsible and be liable free of cost to replace or repair
at the option of the Buyer the goods supplied under this order or any part
thereof, that need replacement or report by reason of any defect in the
composition or substance or materials, defect in workmanship or process of
manufacture or in the design of the goods brought to the notice of the Seller
within 12 months of use, this guarantee period being limited to 20 months from
the date of delivery.

All inputs used in the production of parts should meet Government, Legal,
Environmental & other statutory requirements.

You should eliminate / minimize the usage of Restricted Hazardous Material (ROH)
like Lead, Cadmium, Mercury, Zinc, Magnese and Chromium. a) Cadmium - 100 ppm
(0.01%) b) Lead - 1000 ppm (0.1%) c) Mercury - 1000 ppm (0.1%) d) Hexavalent
chromium (cr6) - 1000 ppm (0.1%).

Vehicles used for delivery should have a valid Pollution Control certificate.

MSDS (Material Safety Data Sheet) & Shelf Life Period should be submitted, if
you are supplying any of the following products. a) Paint & Thinner b) Rubber
Parts c) Gaskets d) All Chemicals.

You should use polythene covers more than 40 micron thickness for any packing &
delivery of parts.

You should eliminate/minimize the wood usage.

 

 

Liquidated damages for late delivery

In case of failure on the part of the Seller to effect delivery of the goods
against this order within the stipulated time the Buyer at his sole discretion
may accept such late delivery, on the Seller’s agreeing to pay to the Buyer  %
of the contract value amount by way of liquidated damages.

 

 

Rights of Buyer to set off

The Buyer should be entitled to recover from the Seller any sum due to them on
account of damages, penalty or otherwise whether in respect of supplies under
this order or under any of their previous Purchase Orders, by deducting such sum
from the amount due by them to seller in respect of supplies made under this
order or any of their prior or subsequent orders.

 

 

Dispute and Jurisdiction of Chennai Courts

All dispute relating to this order or relating to the price of the goods
supplied there under or otherwise arising there from between the Seller and the
Buyer shall be subject to and be referred to the Court of Competent Jurisdiction
situated within the limits of the Chennai City. Neither the Seller nor the Buyer
shall take or adopt any legal proceedings to enforce any claim against the other
relating to this order or arising there from in any court other than the court
of Competent Jurisdiction located within limits of Chennai City.

 

 

Validity of Signature

Unless objections are raised immediately in writing after this contract has been
concluded, both parties are entitled to accept in good faith the signature
affixed to this document as the signature of persons duly authorized to sign
contracts on behalf of their respective firms or principals.

 

 

General

Any drawings and blueprints furnished to the Seller are the sole property of the
Buyer, and on no account shall the seller reproduce, or disclose any such
information, or part with such drawings and blueprints to any third party
without the written consent of the Buyer. The Seller shall disclose the above
data only to those of his employees who are directly connected with this order.
Further the Seller shall on completion of this order return all copies of
drawings or blueprints given to him by the Buyer. In the event that goods, sold
and delivered hereunder, are covered by any patent, copyright or application
therefore, the Seller shall indemnify the Buyer for all claims, any and all
loss, cost or expenses, arising on account of the use or sale of such goods in
violation of rights under such patent, copyright or application, except where
the Buyer is the licensee, or applicant for such patents or copyrights.

 

All the components must be identified as per our Work Instruction No: WI - 465 -
08-03 - R4

 

The Seller shall not, without the written consent of the Buyer, advertise or
announce that he supplies goods to the Buyer, and shall discontinue any
permitted advertisement or announcement on demand.

 

Please indicate Delivery Challan No. / Invoice No.on all your reports. Purchase
Order No. Revision Level & Part Description should be clearly indicated on
Delivery Challan / Invoice & Reports. Original Invoice Copy to be sent
separately by courier

 

The acceptance of this order by the seller shall only be on the terms and
conditions contained in this Purchase Order and no terms and conditions
contained in the Seller’s Offer or any other document shall govern this order.
The acceptance hereof shall be deemed rejection of the terms and conditions of
the Sellers Offer, save and except those expressly agreed to by the Buyer.

 

Consignment Booking No to be made before dispatch.

 

Necessary materials will be supplied by us, materials will be sent under 57F3.
The excise challan must be returned along with your challan after duly signed &
endorsed by you indicating process done.

 

You should not use child labours inside the factory.

 

If our component is rejected due to wrong processing you will have to absorb the
processing charges and should also pay us the material cost.

 

Delivery should be strictly as per schedule. Suitable packing should be used to
prevent rust & damages each packet /carton box / bin should have a packing slip
indicating supplier name, DC No. Part No. Part Name, Quantity & Date of supply.