TERMS & CONDITIONS

TERMS & CONDITIONS OF SALE

(Thermo Pack Solutions Pvt. Ltd.)

1. These Terms and Conditions shall govern all sales of products and services (collectively referred to as “Products”) by Thermo Pack Solutions Pvt. Ltd. (“Company”) to the purchasing party (“Customer”). Any additional or conflicting terms proposed by the Customer in any purchase order, acknowledgment, or other communication shall not be binding unless expressly agreed to in writing by the Company. Acceptance of these terms shall be deemed unless the Customer raises specific written objections within five (5) days of receipt, provided such objections are communicated separately.
2. Orders placed by the Customer shall be considered firm and may not be cancelled, modified, reduced, or suspended without prior written approval from the Company and subject to mutually agreed conditions.
3. Prices are subject to revision without prior notice. All applicable taxes, duties, levies, or government-imposed charges related to manufacturing, sale, transportation, delivery, or use of the Products shall be borne by the Customer.
4. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from the invoice date. The Customer shall not withhold or offset any payments against claims or disputes.
5. The Company’s pricing is based on continuous production of the agreed quantity. In case of reduced production volumes, the Company reserves the right to revise pricing accordingly.
6. Unless otherwise specified, ownership and risk associated with the Products shall transfer to the Customer on an FOB basis at the Company’s manufacturing facility.
7. A variation of up to ±10% in delivered quantity shall be considered acceptable and will be invoiced proportionately.
8. Any modifications requested by the Customer that affect molds, tools, or production specifications shall be carried out at the Customer’s expense. The Customer shall also be liable for any resulting damage to tools, molds, or equipment.
9. Customer-owned molds or tools shall remain at the Company’s facility unless otherwise agreed under mutually acceptable conditions.
10. The Company shall have a lien on Customer-owned molds or tools in its possession until all outstanding payments are cleared.
11. The Company warrants that at the time of delivery:
    (a) Products will conform to agreed specifications,
    (b) Products will be free from third-party claims or encumbrances, and
    (c) Products will not infringe any existing patents (excluding designs or specifications provided by the Customer).

Except as stated above, no other warranties, whether express or implied, including merchantability or fitness for a particular purpose, are provided.

1. The Company confirms that all Products are manufactured in compliance with applicable labor laws and regulations.
2. Any claims related to the Products must be reported in writing within thirty (30) days of delivery. Upon verification, the Company may, at its discretion, repair, replace, or refund the Products. This shall be the Customer’s sole remedy. The Company shall not be liable for indirect, incidental, or consequential damages, including loss of profits, production downtime, or logistics costs.
3. Except for the remedies stated above, the Customer agrees to indemnify and hold harmless the Company, its employees, and representatives from any claims, damages, or liabilities arising from the use, resale, or handling of the Products, including third-party claims involving injury or property damage.
4. The Company shall not be responsible for delays or non-performance due to circumstances beyond its control, including but not limited to natural disasters, strikes, war, government actions, or supply shortages. In such cases, affected quantities may be adjusted or cancelled without liability.
5. If the Company determines that the Customer’s financial condition is unsatisfactory, it reserves the right to suspend deliveries unless advance payment or suitable security is provided.
6. The Customer may not assign or transfer any rights or obligations under this agreement without prior written consent from the Company. Unauthorized assignments shall be considered invalid.
7. This agreement shall be governed by the laws of India, and any disputes shall fall under the jurisdiction of courts located in Mumbai, Maharashtra.
8. Failure by either party to enforce any provision shall not constitute a waiver of future enforcement rights. These Terms constitute the entire agreement between the parties and may only be amended through a written agreement signed by authorized representatives of both parties.