Terms

MINIMUM ORDERS:

Generally, SHIVLAL & SONS will ship under the terms and conditions set out below (i.e. using FOB prices) on single shipment orders totalling at least US$400 in value. For orders of less value, SHIVLAL & SONS will make a fixed charge of US$50 per order to cover extra handling and shipping costs. However, we do not accept total purchase orders of less than US$200.

Minimum quantity of orders on individual products varies according to production processes and capacities. This information will normally be given in our catalogue with each product item. Alternatively, please confirm these with SHIVLAL & SONS.

 

MAKING AN ORDER:

Purchasers are requested to provide orders in a clear format using, as much as possible, English words that are universally understood. If specific colors are requested, please try to include color samples. Please make sure you give the SHIVLAL & SONS product name for each item and, if available, a picture and/or a description with dimensions as a double check. SHIVLAL & SONS and our officers really want you to receive each item as you wish it to be. For them, any detail you can supply is helpful. SHIVLAL & SONS will check each order and immediately inform the customer if there is any need for clarification or extra details or if there has been any recent revision in the product prices.

Orders should also clearly state the desired delivery time and the preferred method of shipment. SHIVLAL & SONS will respond on what it considers is a realistic delivery time and will also recommend packing and shipping methods, if this is requested.

 

PRO-FORMA INVOICE:

On receipt of a customer’s order and after any clarifications or revisions have been addressed, SHIVLAL & SONS will issue a Pro-Forma Invoice (PI) setting out the order as it will appear in the final invoice. This PI is sent by email (.pdf format) to the customer, who is asked to sign the PI as a contractual approval and return it to SHIVLAL & SONS by scan/email. Production will commence only when the approved PI is returned and the agreed advance payment is received by SHIVLAL & SONS. The projected lead time for completion of any production also starts at this time.

 

FOB:

SHIVLAL & SONS quotes “Free on Board” (FOB) prices for port shipping from Indian Port nearest the plant only. ”FOB India” means SHIVLAL & SONS takes care of and pays for quality control checking, standard bulk packing in cardboard cartons, transport to the port/airport, as well as the following documentation: invoice, packing list, customs clearance documents (Minsitry of Agriculture clearance) and fumigation (only when legally required, at an additional cost).

 

EXTRA DOCUMENTATION:

SHIVLAL & SONS will try to obtain extra documents as requested by the purchaser. SHIVLAL & SONS’s FOB-India prices do not normally include additional documentation such as certificate of origin, GSP Form A (where applicable) For these documents, the purchaser agrees to pay a service charge (minimum of $20 per document but please confirm).

 

PACKING:

FOB includes reasonable bulk packing in an export cardboard carton. Where a product is fragile, individual and extra bulk packing may be required. In such cases, SHIVLAL & SONS will recommend a suitable packing method and quote for any extra charges to the purchaser.

SHIVLAL & SONS cannot be responsible for any breakages or other damage to products in transit unless it can be clearly demonstrated that it was as a direct result of SHIVLAL & SONS’s negligence in reasonable packing or from poor workmanship. SHIVLAL & SONS assumes that subsequent carriers will take reasonable care of the consignment and will pack to an acceptable standard accordingly.

 

DELIVERY DATE:

When SHIVLAL & SONS agrees on a production lead time, it does so from the date on which it received the advance payment in the Proforma-invoice. Unless otherwise clarified well beforehand (preferably with the original order), “delivery” means the approximate date of goods delivered on Board a transport facility in Indian port (i.e. not arrival in the receiving country nor delivered to the purchaser). Both SHIVLAL & SONS and the officers will do their best to keep to production schedules and in most cases manage to do so. If occasionally unforeseen circumstances force a production delay, SHIVLAL & SONS will keep the customer informed and give a new estimation of a delivery date.

 

SHIPMENT:

Shipment ex-India port is the responsibility of the purchaser unless otherwise agreed. SHIVLAL & SONS will arrange shipping and insurance only in accordance with the clear and written instructions of the purchaser. SHIVLAL & SONS is happy to obtain approximate quotations at cost from different Indian ports-based operators where possible but cannot guarantee its customers shipping prices in advance.

Any means of shipment can be arranged by surface or air. Usually, SHIVLAL & SONS arranges shipping payment freight collect (by the purchaser on delivery) but should this not be possible and SHIVLAL & SONS has agreed to pay in advance, this will be invoiced at cost, plus a small handling charge in some cases.

 

SHIPPING AGENT:

With freighted shipments, the purchaser must supply SHIVLAL & SONS with the name and contact of the receiving agent in the purchaser’s country well before delivery is due. Normally, SHIVLAL & SONS will use its own contracted agent in Indian port to arrange shipments. If the purchaser wishes to use another agent in India port, this can be done providing sufficient advance notice is given and that the nominated agent’s handling costs to SHIVLAL & SONS do not exceed that of SHIVLAL & SONS’s own agent. Furthermore, SHIVLAL & SONS reserves the right not to use the purchaser’s nominated agent in India port if that agent chooses, for whatever reason, not to export the products in the name of SHIVLAL & SONS (e.g. when consolidating products from several different sources).

If the purchaser wishes SHIVLAL & SONS to consolidate a shipment with products the purchaser has obtained from other sources in India, this can only be done by special arrangement and, on occasion, may not be possible. If it is acceptable to SHIVLAL & SONS to do this, a service and handling charge will be applicable.

 

TERMS OF PAYMENT:

Order will be confirmed with 30% advance payment. Buyers will be required to pay rest 70% payment before dispatch of their order.

 

PAYMENTS AND BANK TRANSFERS:

Payments should be made to SHIVLAL & SONS through its bank account, details of which will be mentioned on the PI. If payment is made by any other money instrument, SHIVLAL & SONS will not consider this as being paid until such instrument has been fully cleared in cash or by deposit in SHIVLAL & SONS’s.

From time to time, SHIVLAL & SONS’s Bank receives from overseas less than the sum that the purchaser has instructed their bank to transfer, even though the customer may be led to believe all transfer charges have been paid in advance. This is may be because the purchaser’s bank has chosen to use an intermediary bank to effect the transfer, which in turn makes a charge. SHIVLAL & SONS is not able to verify this deduction through any documentation apart from supplying the customer with evidence of what SHIVLAL & SONS’s bank actually received from overseas. SHIVLAL & SONS will credit customer’s accounts only with the exact amounts it receives plus any commissions SHIVLAL & SONS’s own bank normally applies.

Customers are advised to give complete details of SHIVLAL & SONS’s account when making transfers, including the SWIFT code, and request that only a direct transfer be made without an intermediary bank.

 

INVOICES:

By prior agreement with SHIVLAL & SONS and at the request of the purchaser, Invoices and quotations can be made in US Dollars, European Euros or British Pounds Sterling. If no agreement is made, SHIVLAL & SONS will use US Dollars for its invoices, with the counter value in India.

For normal export shipments, Indian Value Added Tax (IVA) is zero rated (i.e. not charged), but this only applies when shipments have been cleared export customs and an export certificate issued. If the chosen method of shipment does not go through these procedures, Indian tax law requires SHIVLAL & SONS to collect VAT at the current rate (as applicable) from its customers. Some courier services (but not all), do not have export customs clearance facilities. IVA has also to be applied to hand-carried products.

 

SAMPLES:

SHIVLAL & SONS only sends sample products of products which appear on our most current catalogue and only on request. A sample of most of SHIVLAL & SONS’s products can be requested for order consideration purposes only. If samples are sourced from SHIVLAL & SONS’s retail stocks, the full retail price in India is payable, plus VAT if not already included. For other samples, SHIVLAL & SONS will ship at the customer’s expense, preferably using the customer’s courier account number.

SHIVLAL & SONS requests payment of samples at retail price (plus India VAT, if applicable.) Minimum quantity of orders on individual sample products varies according to production processes and capacities. Please enquire from SHIVLAL & SONS for more information on this matter.