Client Disclaimer & User Policy
By placing an order, issuing a purchase order, accepting a quotation, making a payment, receiving goods, or otherwise entering into any commercial transaction with Bharat Compostables / Conscious Bharat Products Private Limited (“Company”), the client/customer (“Client”) shall be deemed to have read, understood, accepted and acknowledged the following terms and conditions.
These terms shall be applicable to all Clients dealing with the Company, whether or not a separate agreement, contract, purchase order, work order or other written document has been executed between the parties, unless expressly agreed otherwise in writing by the Company.
1. FORCE MAJEURE & UNCONTROLLABLE CIRCUMSTANCES
The Company shall not be held liable for any delay, partial delivery, non-delivery, reduction in production capacity or inability to fulfil committed quantities within the originally indicated timeline where such delay or inability arises due to circumstances beyond the reasonable control of the Company.
Such circumstances shall include, but not be limited to:
• War, declaration of war, armed conflict, military operations, invasion or hostilities;
• International conflicts, geopolitical tensions, sanctions, trade restrictions, embargoes or import/export restrictions;
• Disruption or shortage in the availability, import, transportation or supply of raw materials, particularly where such raw materials or components are imported;
• Government restrictions, regulatory changes, customs restrictions or changes in import/export policies;
• Natural calamities, earthquakes, floods, fire, cyclones or other acts of nature;
• Epidemics, pandemics or public-health emergencies;
• Strikes, labour disruptions, riots, civil unrest or industrial disturbances;
• Power outages, electricity restrictions, infrastructure failures or disruption of essential utilities;
• Transportation, logistics, shipping or port disruptions;
• Machinery breakdowns or unforeseen manufacturing disruptions despite reasonable preventive measures;
• Acts of government, regulatory authorities or other competent authorities; and
• Any other event or circumstance which is beyond the reasonable control of the Company.
Special emphasis is placed on war, international conflicts and geopolitical disruptions, as the Company’s manufacturing operations depend, directly or indirectly, upon imported raw materials and/or materials whose availability, pricing and transportation may be affected by international events.
In such circumstances, the Company shall not be liable for any contractual penalty, liquidated damages, loss-of-business claim, consequential damages or other financial penalty arising solely from the delay or inability to supply the committed quantity within the originally stipulated timeline.
The Company shall make reasonable efforts to resume and complete supplies as soon as commercially and operationally practicable after the relevant circumstances cease to affect its operations.
2. REPORTING OF QUANTITATIVE & QUALITATIVE DISCREPANCIES
Any allegation relating to:
• Short quantity;
• Excessive quantity;
• Damaged goods;
• Manufacturing defects;
• Quality discrepancies;
• Incorrect specifications;
• Packaging damage; or
• Any other discrepancy in the goods supplied must be formally notified to the Company within 24–48 hours from the date/time of delivery.
Any such complaint must be supported by clear and verifiable documentary evidence, including, wherever applicable:
• Photographs of the goods and packaging;
• Unedited videos of the opening/unloading/inspection process;
• Weighment records;
• Delivery and receiving records;
• CCTV footage of unloading/opening/inspection;
• Batch/lot numbers and relevant identification details; and
• Any other evidence reasonably required by the Company to verify the claim.
The Client shall provide the Company with a reasonable opportunity to inspect, verify and cross-check the alleged discrepancy against the Company’s production, packing, dispatch, quality-control and dispatch records.
Claims raised after the above 24–48 hour period, or claims unsupported by adequate evidence, may not be accepted or entertained by the Company.
3. PAYMENT DEFAULT, INTEREST & OVERDUE PENALTY
All invoices raised by the Company shall be payable strictly within the agreed credit period.
Where any invoice or part thereof remains unpaid for more than 45 days from the applicable due date, the overdue amount shall be subject to:
a) Interest at 36% per annum on the outstanding overdue amount, calculated from the date on which the payment became overdue; and
b) A penalty of 20% per month of the overdue amount, towards the commercial loss, business disruption, administrative burden and loss of business opportunity suffered by the Company on account of prolonged payment default.
The above interest and penalty shall be in addition to the principal outstanding amount and shall not prejudice any other rights or remedies available to the Company under applicable law.