Formix International



The Seller agrees to sell and the Buyer agrees to purchase the Goods in Accordance with the Purchase Order. The Contract shall comprise (in order of Precedence any Order Amendments, the Purchase Order, these General Conditions of Purchase, Any other document (or part document) referred to on The Purchase Order. The PO shall not include any of the Seller’s Conditions of sale, notwithstanding reference to them in any document. However should this PO be held by a court of Competent jurisdiction to include the Seller’s terms and conditions of sale then in the event of any conflict or apparent Conflict these General Conditions of Purchase shall always prevail over the Seller’s terms and conditions of sale. Delivery of Goods in response to a Purchase Order or Order Amendment shall be taken to imply that the Seller has accepted The terms and conditions of this Purchase Order. 


The goods shall conform to all the provisions of the Purchase order. The goods shall be capable of all standards mentioned In the order, and shall be fit for any purpose made known to the seller and in this respect the buyer shall rely on the seller’s Skill and judgement, be NEW and not more than 18 Months old – Unless stated otherwise in the Purchase Order, Goods Should be packed in the manufacturer’s original packing – Unless otherwise agreed. The seller warrants that it has clear Title to all items furnished subject hereto and that they are free and clear of any encumbrances. 


Buyer may terminate all or any part of this order for convenience at any time by written notice to the seller. Upon such Termination buyer’s liability will be limited to reasonable termination charges mutually agreed by the seller and the buyer. This order shall terminate automatically, without notice, if the seller becomes insolvent or the subject of any proceedings Under the laws relating to bankruptcy or the relief of debtors. 


 “Buyer” means FORMIX INTERNATIONAL “Seller means the individual, firm or Company to whom the purchase order is Addressed and any employees of Said individual, firm or company. Goods means the material or services defined in The contract. ‘Purchase order (PO) means the buyers authorized document containing part numbers, Description of goods, Quantities, Terms & Conditions and agreed prices for products and services. 


The buyer shall have all the rights to inspect and reject the goods that do not comply with the PO and return them to The seller. In such a case the seller shall refund the payment made by the buyer and bear all the costs including Transportation & storage. Any inspection or approval shall not relieve the seller from the seller’s obligations under this PO 


 Seller will not use Buyers name or logo in publicity, advertising, or similar activity, except with buyers prior written Consent. Seller will not disclose the existence of this order or any of its respective terms to any third party without buyers Prior written consent. 


The seller will be responsible to make sure all products are sourced legally and do not violate laws of any countries. 


Ownership of the goods shall pass to the Buyer on the earliest of when the goods have been delivered but without Prejudice the buyer’s right of rejection under this contract or if the buyer makes any advance payment or part payment, At the time of such payment is made, in which case the seller must as soon as possible mark the goods as Buyers property. While in seller’s custody, such property will be held at seller’s risk and kept insured by the seller at its expense. 


 It is agreed that all technical documentation and other literature necessary for the proper use of goods or services will Be provided to the Buyer with the Goods or services, unless stated otherwise in the contract. 


 Unless stated otherwise in the Contract the Buyer shall pay the Seller within Thirty (30) days of receipt of a correctly Rendered invoice. The Seller’s invoice must have the full Purchase Order number. The Buyer shall not be Responsible For delays in payment caused by the Seller’s failure to comply with the Buyer’s invoicing instructions.


Invoices shall be rendered on completion of services or delivery of goods and shall contain the Purchase Order number, Part Number, Description of goods, Date Codes, Quantity, Unit prices, date(s) rendered and total purchase price. Each invoice must refer to one, and only one, purchase order unless stated Otherwise. 


Buyer’s aggregate liability arising from or relating to this order is limited to the amount paid by the buyer for the Goods/services. To the maximum extent allowable under applicable law, Buyer shall not be liable under this order for Any special, incidental, consequential, indirect, or punitive damages including, without limitation, lost revenues even if Buyer has been advised of the possibility of such damages. 


 If any provisions of this order shall be held or deemed to be or shall, In fact, be illegal, inoperative, unenforceable, This provision shall not affect any other provision or provisions contained in this order. 


 This order must not be filled at a price higher than stated on the face of the order. No extra charges of any kind will be allowed unless specifically in writing by the Purchaser. 


Seller shall indemnify and hold buyer and its affiliates harmless and, on buyer’s request, shall defend each of them from And against any or all third party claims, demands, litigation, or proceedings of whatever Kind, whether based upon Negligence, breach of express or implied other theory, and from and against all direct, indirect, special, exemplary, Incidental or consequential damages of every kind whatsoever, arising out of by reason or in any way connected with The goods, the design, Manner of preparation, manufacture, completion, or delivery or non-delivery of any Goods/services by seller, any breach by seller of any of its obligations hereunder, or any other act, omission or Negligence of seller or any of seller’s employees, workers, servants, Agents, sub-contractors or suppliers. Seller shall, On request, pay or reimburse Buyer or any other party entitled to indemnification Hereunder for all costs and expenses.


A failure at any time to enforce any provisions of the contract shall in no way affect the right at a later date to require Complete Performance of the contract; nor shall the waiver of any subsequent Breach of any provision be taken or held To be a waiver of any subsequent breach of the provision or be a waiver of the provision itself.


All goods must be packed in a manner specified by the Buyer. If the buyer does not specify the manner in which the Goods must be packed, The Seller shall pack the goods so as to avoid any damage in Transit. Seller shall provide the Packing list of goods during delivery, including but not limited to part number, manufacturer, quantity, date code, Country of origin and other information. If the seller does not have a packing list or the information is Inconsistent the Buyer has the rights to return the goods. 


All goods must be shipped in a manner and the route and carrier designated by the buyer. If the buyer does not Specify the manner of shipment, Seller shall ship the goods at the lowest possible transportation rates, Consistent with seller’s obligation to meet the delivery schedule set forth in this order. If the seller or the seller’s Carrier delivers the goods at the wrong time or to the wrong place then the buyer may deduct from the price any Resulting costs of storage or transport. If the seller is unable to deliver the goods as agreed upon in the order, seller Shall refund the buyers deposits in double. The seller shall be responsible for providing the proof of the original Quality and the documents of traceability. 



With the exception of goods made to the buyer’s design or instructions, the seller warrants that neither the goods nor The buyer’s use of them will infringe any patent, registered design, trade mark, copyright or other protected rights and Undertake to indemnify the Buyer against all actions, claims, demands, costs charges and expenses arising from or incurred By reason of any infringement of any such rights. 


The seller shall bear all the risks of loss or damage to goods until they have been received by the buyer and shall Insure accordingly. 


This order, these Terms, and all related transactions, will be interpreted under and governed by the laws of MUMBAI Jurisdiction in INDIA without regard to its conflict of law principles.