(Carbolink India Pvt. Ltd.)
1. Applicability of these General Terms and Conditions of Sale
(a) These General Terms and Conditions of Sale (as may be amended from time to time) (“General Terms and Conditions”) shall apply to the sale of all products, materials, coatings, flooring systems, and chemical solutions (“Products”) by Carbolink India Pvt. Ltd. (“Company”) with respect to any order placed by a buyer (“Buyer”) which has been accepted by the Company. All such orders (“Order(s)”) shall be governed by the terms and conditions set out herein and any mutually agreed written amendments.
By placing an Order, the Buyer agrees to be bound by these General Terms and Conditions and waives any conflicting purchase terms of its own.
(b) These General Terms and Conditions shall exclusively apply unless:
(i) The Buyer and Company have entered into a separate written agreement that expressly supersedes these terms; or
(ii) The Company has expressly informed the Buyer in writing that alternate terms will apply.
(c) The Company’s acceptance of an Order shall be communicated in writing. The mere receipt or acknowledgment of an order shall not constitute acceptance by the Company.
(d) The Company reserves the right to revise, modify, or update these Terms and Conditions at its sole discretion. Buyers are advised to regularly review the latest version available on the Company’s official website.
2. Offer and Acceptance
Any quotation, proposal, or price list issued by the Company shall not constitute a binding offer but only an invitation to the Buyer to place an Order. A binding contract (“Contract”) shall come into effect only upon written confirmation of the Order by the Company.
3. Prices
The price of the Products and related commercial terms shall be confirmed by the Company upon acceptance of the Order.
If the Company revises the price or payment terms between the date of Contract and dispatch, such change shall be communicated to the Buyer, who may withdraw from the Contract within fourteen (14) days of such notice.
4. Technical Literature and Advice
Any technical data, literature, or advice provided by the Company regarding its Products is given to the best of its knowledge, based on research, experience, and testing. However, such information does not create any warranty or liability and shall not relieve the Buyer from conducting its own tests and due diligence to ensure the suitability of the Products for its intended use.
5. Compliance
(a) The Buyer agrees to comply with all applicable laws, rules, and regulations regarding the storage, handling, transportation, and use of the Products. The Buyer shall ensure that all relevant personnel or third parties involved in using the Products are adequately informed about safe and proper handling procedures.
(b) If the Buyer believes that any technical documentation or labeling of a Product is inaccurate or incomplete, it shall immediately inform the Company in writing.
(c) The Buyer agrees to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, and employees from and against all claims, damages, liabilities, or expenses arising from the Buyer’s breach of any contractual term or violation of law.
6. Delivery Terms
(a) Delivery terms shall be as specified in the respective Contract. Products once delivered cannot be returned, except in cases of damage during transit or manufacturing defects, which must be notified to the Company within seven (7) days of receipt. Such claims must be supported by inspection reports from an independent testing laboratory approved by the Company.
(b) The Company’s responsibility ceases upon delivery of the Products to the Buyer, its authorized representative, or the designated carrier.
(c) Any claims for non-delivery, shortage, or transit damage must be lodged with the carrier and notified to the Company within fifteen (15) days of receipt of the consignment.
(d) The Buyer shall be responsible for compliance with all statutory requirements concerning storage, labeling, and disposal of chemical materials.
7. Payment
(a) Payments shall be made by cheque, demand draft, pay order, or electronic transfer in favor of Carbolink India Pvt. Ltd. Payment shall be deemed received only upon actual credit in the Company’s bank account.
(b) Delayed payments shall attract interest at the rate of 18% per annum from the due date until realization. Ownership of the Products shall remain with the Company until full payment has been received.
(c) Non-payment within the agreed period shall constitute a material breach of the Contract, entitling the Company to suspend further deliveries or terminate the Contract.
8. Product Quality and Warranty
(a) The Company provides no express or implied warranties, including merchantability or fitness for a particular purpose, except as expressly stated in writing.
(b) The Company shall not be responsible for:
(i) Defects not reported within seven (7) days of delivery.
(ii) Failures caused by improper storage, handling, application, installation, or non-compliance with Carbolink’s instructions.
(iii) Defects arising from structural design issues, incompatible materials, or external factors such as temperature, moisture, or environmental exposure beyond specified limits.
(c) The Company’s liability for any defective Product shall be limited to replacement of the defective material or refund of the purchase price at its discretion.
(d) The Company shall not be liable for any indirect, consequential, or incidental damages, including but not limited to loss of profit, downtime, or third-party claims.
(e) The Buyer acknowledges that Carbolink’s Products may not be used in applications that violate any third-party intellectual property rights. The Company disclaims all liability for infringement arising from misuse or combination with other materials.
9. Maximum Liability
The Company’s total cumulative liability for any claim, whether in contract, tort, or otherwise, shall not exceed the invoice value of the Products giving rise to such claim.
10. Taxes
(a) All applicable taxes, including GST (CGST, SGST, IGST, UTGST) and other statutory levies, shall be charged as per prevailing law. Any future variation in taxes shall be borne by the Buyer.
(b) If the Buyer is eligible for a tax exemption or concessional rate, necessary documentation must be provided before dispatch. Failure to do so will result in full tax being charged.
11. Force Majeure
In the event of circumstances beyond the Company’s control — including but not limited to natural disasters, war, strikes, supply shortages, government restrictions, or equipment failure — the Company shall be relieved from its obligations to the extent performance is prevented.
If such conditions persist for more than three (3) months, the Company may withdraw from the Contract without liability.
12. Assignment
The Company may, at its discretion, assign or transfer its rights and obligations under this Contract to any affiliate or third party with prior written notice to the Buyer.
13. Documentation
Invoices may be raised from any Carbolink location. The Buyer shall ensure its billing and delivery address details are accurate and promptly updated.
Any tax or penalty arising from the Buyer’s failure to provide correct details shall be borne by the Buyer.
The Buyer further agrees to indemnify the Company for any claims or losses resulting from such inaccuracies.
14. Jurisdiction
All transactions and invoices under this Contract shall be deemed to have been processed at the Company’s registered office in Hyderabad, Telangana.
Any dispute arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts in Hyderabad, India.
Carbolink India Pvt. Ltd.
2nd floor, Fairmount Fortune One, 212, Sanath Nagar,
Hyderabad – 500018, Telangana, India
📞 (+91) 88850 99551
🌐 www.carbolinkindia.com
