General Terms and Conditions for the Purchase of
Goods and Services valid from 01.01.2023
1) Vendor hereby represents and warrants that it has the requisite skills, experience, expertise, and capacity to deliver the goods or services in the manner required and fulfill all its obligations and responsibilities under this
purchase order.
2) WARRANTY/DEFECT PERIOD LIABILITY- The goods or services shall be warranted against manufacturing defects or workmanship for a period of 12 months from the date of last supplies towards any manufacturing and/or workmanship defects. If any defects are notice during the warranty period, the same shall be rectified / replaced by supplier immediately within 7 working days from the date of intimation shared from PERI side. No extra charges shall be charged by supplier on rectification / replacement activity along with to & fro transportation up to site/ PERI India yard address (or required to transport anywhere to get material rectified), also no extra charges shall be charged on arrangements of any resources required at that particular location to perform any activity / activities.
3) RECEIPT OF QUANTITY SHORTAGE OR DAMAGE- In case of receipt in quantity shortage or damage, supplier need to send balance quantity/ replacement within 7 working days from the date of intimation shared from
PERI without any discussion. No extra charges shall be charged by supplier on arranging replacement/shortage material along with to & fro transportation up to site/ PERI India yard address.
4) PERI India will clear the final payment for accepted quantities only.
5) GST COMPLIANCE5-a) If there is a loss of credit or additional liability and/or interest etc., arising due to noncompliance by the supplier of goods/services, the supplier shall pay the same to the PERI (India) Pvt. Ltd.
5-b) If there is any delay in remittance of GST liability to statutory authorities by the supplier of goods/services, the same shall be withheld from the due payment of supplier and the payment shall be released only after submission of documentary proof pertaining to such remittance.
6) TRANSPORTATION– 6-a) If the transportation is get arranged by supplier, it is mandatory for supplier to take written approval on transportation charges from PERI concern authority before placing vehicle and proceed for
dispatch.
6-b) Approved transportation charges supplier needs to charge in his sales/ tax invoice. Please note, PERI will not pay separate transportation charges to the transporter arranged by supplier.
6-c) All in transit responsibilities of material lies with supplier in case transportation arranged by supplier.
6-d) Before loaded vehicle leaves from supplier facility; it is supplier's responsibility to ensure all articles are properly loaded/ stacked and covered using tarpaulin. (This is mandatory in both the cases, transportation arranged by PERI or by supplier).
6-e) For every loaded vehicle supplier need to send photos (via mail) of loaded vehicle along with scan of original copy of sale invoice & delivery challan, E-way bill copy and transporter LR (Lorry Receipt) copy for review before vehicle leaves the supplier's facility. (This is also mandatory in both the cases, transportation arranged by PERI or by supplier).
7) At any point, loading & unloading will be under scope of supplier except unloading of material at PERI yard.
8) Quality Inspection 8-a) In case of third-party inspection, supplier should not influence the third-party inspector/organization with anything (like bribe, wrong information, and incorrect drawings etc.) PERI reserves all the rights to blacklist the supplier &/or order cancellation if supplier found guilty.
8-b) If inspection done at PERI yard and in case any rejection found, then the total supplied material gets reject and not consider for any payment process.
8-c) It is mandatory to do PERI PN and Manufacturer marking (also, any other additional markings communicated by PERI in written) on all produced articles as per provided specification. No extra charges shall be paid for this.
8-d) Load/ any other testing should be done if specified on drawing/guideline documents shared or requested by PERI.
9) QUALITY DOCUMENTS REQUIRE 9-a) It is mandatory share properly segregated scan copies of all the required documents along with inspection call.
9-b) Supplier needs to present originals of all above specified quality documents (TC, FIR & SCL) to PERI QA representative/ third party at the time of physical inspection and then send it through courier at PERI Bhiwandi address. In case inspection is get done at PERI yard, then also supplier need to send originals of quality documents through courier at PERI Bhiwandi address and documentations should addressed to PERI QC department.
9-c) Please courier quality documents and invoice separately and not together in one envelope.
9-d) This is applicable for every batch get produced & dispatched from supplier’s end.
9-e) In case of fasteners, hardware and brought out articles (articles which are not designed-detailed by PERI) supplier need to give written confirmation on his company letterhead followed by stamp and authority signature confirming to supplied material is as per specification asked by PERI in terms of raw material grade, technical requirement, quantity, end application etc.
10) DISPUTE RESOLUTION & JURISDICTION10-a) Any disputes or differences between PERI and the supplier arising out of or in connection with this purchase order shall be settled by arbitration, in accordance with the India arbitration rule. The arbitral tribunal shall be composed of a sole arbitrator appointed by the supplier from a list of three individuals identified by PERI, within a period of 30 days following the date on which PERI notifies supplier of such list of persons, failing which the sole arbitrator shall be appointed by PERI. The seat of the arbitration shall be Mumbai, India and the language of arbitral proceeding shall be English.
10-b) The law of India shall govern this contract. Subject to clause above, PERI and the supplier agree that courts in Mumbai shall have exclusive jurisdiction to try any disputes out of this contract.
11) FORCE MAJEURE11-a) Neither (supplier) nor (PERI India) shall be considered in default in performance of their contractual obligations under the purchase order if such performance is prevented or delayed by act of God or internal disturbance i.e., civil, or military war or state / national level strike, riot or lockdown affecting the execution of this job at supplier’s place. Strike at supplier’s place, shortage of fuel / labor /power shall not be \ treated as cause of force majeure.
11-b) In the event of force majeure clause, supplier should within one week of actual occurrence of the event, notify in writing about the details and present status of obligations under the purchase order and send it through Fax / Email with a registered copy duly marked and post to PERI India Mumbai office. PERI India shall have the right to cancel the order and terms and conditions applicable to termination for convenience shall apply. No ground for exemption under the clause can invoked if the supplier fails to give timely notice by fax / email & registered post or subsequently fails to support the occurrence of the force majeure conditions by documentary evidence to the satisfaction of PERI India. Even under force majeure conditions, supplier shall be entitled to the extensions in time only as mutually agreed but not exceeding 30 days.
12) RISK PURCHASE- During execution of order, if any delay is observed due to reasons attributable to supplier other than force majeure conditions that may cause delay in completion of delivery/ works, PERI shall be at liberty to descope partly or cancel the contract/ purchase order at any point of time with a prior notice of 15 days. In such case, PERI has all rights to take/ arrange alternate measures at supplier’s risk and cost.
13) Vendor shall not, without the prior written consent of PERI India, use the name or logo or trademark of PERI in advertising, publicity, client list or otherwise.
14) This purchase order does not grant or otherwise give either party ownership in or other proprietary rights to use the other party's trademarks and other intellectual property right.
15) It is hereby agreed and acknowledged that all the designs, reports, documents, photographs, drawings, application or any other material or information shared, created, formulated, tabulated, collected, developed or presented shall be the sole proprietary, confidential and exclusive property of PERI (India) Pvt Ltd and vendorshall not imitate, dilute, modify, de-compile, reverse engineer, infringe upon or in any other way be concerned,
directly or indirectly.
16) Upon successful completion of all supply or obligations under the said purchase order, the purchase order shall be terminated, and not get execute further unless extend or amended in writing get receive from PERI side. PERI has all rights to terminate the purchase order in case of any breach of above- entioned T&C by giving 5 days prior written notice. On termination, supplier need to return all the products/information to PERI India immediately.
17) STATUTORY COMPLIANCE/ COMPLIANCE WITH LAWS- It shall be supplier’s responsibility to strictly adhere all the statutory requirements & laws assigned by government of India for execution of the order. Strict compliance to the same is mandatory.
