Purchase Terms and Conditions (If you are buying from Ametheus)
1.Entire Agreement: By purchasing products and/or services from ametheus.com, its subsidiaries and/or affiliates, as may be applicable (collectively, “Ametheus”), you agree to be bound by and accept the terms and conditions contained herein (this “Agreement”). These terms and conditions (together with the documents referred to in it) (collectively, these “terms”) set out the basis on which you may make use of the website www.ametheus.com (our “site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site.
If you have signed a formal written agreement between you and Ametheus Holdings Pvt Ltd, Ametheus Commodities Pvt Ltd, or its subsidiary governing your purchases, that written agreement shall govern your purchases, including purchases from our any secure website(s) (the “Ordering Site”), except as otherwise provided for in any such agreement. In the absence of such an agreement or in the event such agreement is silent as to a particular term or condition, the terms and conditions contained in this Agreement shall control and shall apply to all of your purchases, including, but not limited to, online purchases from our Ordering Site, and may NOT be altered, supplemented, or amended by you through the use of any other document(s).
Your communication through Email, SMS, WhatsApp or messages through any other application will be treated as confirmation of order from your side and will be considered as purchase order from buyer’s side until and unless this communication hampers the business interest of Ametheus or its affiliates. By using our site or placing any order by email or other medium, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, you must not use our site. If you purchase goods from our site, our Purchase Terms and Conditions will apply to the sale of such goods. Any attempt to alter, supplement, or amend this Agreement, or to enter an order for product(s) which is (are) subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and ametheus.com. This Agreement does not supersede, waive or otherwise affect any security agreements, guarantees, credit applications or other agreements between you and ametheus.com, none of which may be amended except by a writing signed by each party. You acknowledge and agree that Ametheus.com reserves the right to amend these terms and conditions in its sole discretion as it sees fit from time to time.
We recommend that you should print a copy of these terms and conditions for future reference.
2. Price: Prices are subject to change by ametheus.com without notice. Any additional costs incurred by Ametheus.com in connection with or arising out of the manufacture, sale or distribution of product, including, but not limited to, increases in labour, freight and materials cost before shipment of order and applicable overhead, may be invoiced to you and you agree to pay same. Premium time as required by you will be invoiced as an extra item. You will pay when due any sales, use, excise, gross receipts, or value-added taxes, or other federal, state, or local taxes or other surcharges or assessments (other than any tax based on the net income of ametheus.com or imposed upon inventory held by ametheus.com in its warehouses) that ametheus.com is at any time obligated to pay or collect based on, or in any way levied on, the sale of products and/or services, or the products or any services related thereto. In addition, you will be obligated to pay all interest or penalties assessed by reason of your failure to comply with your obligations hereunder. If Ametheus.com pays any amounts which you are obligated to pay, then you will promptly reimburse Ametheus.com in an amount equal to the amount so paid by ametheus.com.
3. Pricing Errors: Pricing errors may occur on the Ordering Site ametheushealth.com or in our proforma invoice from time to time, on items sold by ametheus.com, or items sold by third-party sellers. ametheus.com attempts to correct all pricing errors promptly after discovery or after ametheus.com receives notice of an error. Ametheus reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Ametheus.com. Any payments you make to ametheus.com for orders that are cancelled due to pricing errors will be refunded.
4. Payment Terms: All payments shall be made in full, in good funds, and in accordance with the payment terms on your invoice, via ACH direct debit, credit card , Net banking transfer, via SWIFT/IBAN transfer or other payment forms acceptable to ametheus. Until product is paid for in full, ametheus.com retains, and you hereby grant to ametheus.com, a security interest in the ordered product. Ametheus.com may assess a service charge calculated at the rate of 1.5% per month (or the maximum rate allowed by law, if such rate is less than 1.5% per month) on any amount not paid to Ametheus.com when due. Failure or delay by ametheus.com to invoice you for any such service charge will not waive ametheus.com’s right to receive the same. In the event of default in payments on any invoices, Ametheus.com shall have the right to declare all invoices immediately due and payable. You agree to pay all out-of-pocket expenses, including attorneys’ fees and costs, incurred by ametheus.com to collect any amounts due from you or to otherwise enforce any of the terms stated herein. Ametheus.com (including its affiliates, subsidiaries, parent or related entities, individually or collectively) may exercise a right of set-off against any and all amounts due to you. Ametheus shall be deemed a single creditor for purposes of this section through its parent company.
LC ( Letter of credit): Payment for the goods is carrying out by buyer’s bank through 100% Irrevocable Transferable LC at sight issued under uniform customs and practice for the documentary credit (2007 revisions) international chamber publication no.600 on the settlement account of the Seller.
Payment terms for the shipment of the goods are indicated at the Performa Invoice sheets which are the integral part of the contract between buyer and seller.
1. Payment by 100% LC at sight. 100% irrevocable, transferable, confirmable letter of credit payable at sight in favor of Ametheus Commodities Pvt Ltd. L/C to be opened by First class International Bank.
2. L/C to permit adding confirmation by the sellers’ Bank at their request. In that case LC will be available with the Confirming Bank only. If LC is not confirmed, then LC beneficiaries can confirm the LC at the cost of LC applicant.
3. L/C to include: “Upon receipt of authenticated swift message from the negotiating or confirming Bank confirming that the documents are in strict compliance with credit terms and conditions, we the issuing Bank shall reimburse you by TT value 3 USA Working days after receipt of claim in accordance with your instruction.”
4. As Per L/C, Transferring and Advising Bank Should be ICICI Bank Ltd, New Delhi.
5. Partial Shipment Allowed.
6. Trans-shipment Allowed.
7. In LC this clause must be stipulated “Third party documents except for drafts, Commercial Invoice and Packing list are acceptable.”
8. LC will expire in India.
9. LC validity 120 days preferable.
10. Shipment Period: 45 days from receiving LC at beneficiary bank.
11. Quality and quantity inspection report will be issued by surveyor at loading port at seller’s cost.
12. In LC this clause must be stipulated “Beneficiary bank is allowed to issue letter of assignment of proceeds in swift/Bank’s letterhead to a third party under article 39 of UCP-600.”
13. Marine Bill of Lading and House Bill of lading is acceptable supported by quality and quantity report issued by SGS/IGI/BV/Cotecna or any other international third-party surveyor and that survey report has to be signed/approved by any representative of LC applicant making an on-sight inspection.
14. LC payment can be released by MT103 against scanned copy of BL as per the quantity and quality report issued by any 3rd party surveyor.
15. Quantity of goods and value tolerance is +/- 5%.
16. All L/C charges outside applicant’s (buyer’s) bank excluding confirmation are on beneficiary’s (Seller’s) account.
17. Complete LC draft required from LC issuing bank / buyer before issuing the original LC.
L/C TO ALLOW:
– MBL, Charter party B/L and House B/L acceptable.
– Fumigation date after bills of lading date acceptable.
-Phytosanitary certificate date after B/L date and/or showing name, address of consignee acceptable.
– Minor discrepancies, spelling errors acceptable.
– Letter head, signatures, and stamps in languages other than English acceptable.
DOCUMENTS:
(1) Invoice: commercial invoice
(2) Packing List issued in 3 folds attesting that goods are packed in new single PP bags of 50 Kg each tare weight of each bag 130 gram minimum.
(3) Marine/Charter party bills of lading in 3 originals and 3 copies consigned to applicant, marked freight prepaid and notify applicant.
(4) Survey report: survey report and/or inspection certificates in 2 folds issued by Third party international surveyor evidencing inspection of quality, quantity and packing at final port of loading and attesting that the goods are in compliance with the specifications mentioned on invoice. Inspection report to confirm that goods shipped are as per L/C specifications.
(5) Draft: draft drawn on L/C confirming bank.
(6) Phytosanitary certificate issued by a competent authority.
(7) Fumigation certificate: fumigation certificate issued by a competent authority.
(8) Certificate of origin issued by any chamber of commerce.
(9) Spare bags bill of lading for 2% of the bags loaded. This document will be presented outside the letter of credit.
10. Insurance policy.
Advance:
1. Payment terms: 50% prepayment & 50% against scanned copy of BL.
2. Lesser amount of prepayment is possible only in the case of:
(A) The size of prepayment will be not less than 30%
(B) Payment of the remaining amount against scanned copy of BL no later than 5 days after the dispatch of the vessel (the flow of funds to the account should occur within this period)
(C) In case the balance payment received not in time, the containers will be turned back to us or redirected to other buyer without the prepayment being refunded back to your Company’s bank account
5. Shipment and Delivery: Orders are not binding upon Ametheus.com until accepted by Ametheus.com. Ametheus.com reserves the right to refuse service to anyone. Ametheus.com will indicate its acceptance of an order by issuing an invoice or by shipping the ordered product to you. All shipments are made F.O.B. ametheus.com’s shipping point unless otherwise specified. In the absence of specific instructions, Ametheus.com selects the carrier. Title to products and risk of loss pass to you upon delivery thereof by Ametheus.com to the carrier or delivery service. You assume all risk of loss in shipping and all liability for loss or damages, whether direct, indirect, consequential or otherwise, due to delays once the products have been delivered to the carrier.
6. Contingencies: Ametheus.com shall be excused from its obligations hereunder in whole or in part to the extent its performance is delayed or prevented by strikes, work stoppages or disputes, pandemic, epidemic, fires, floods, war (declared or undeclared), riots, loss or destruction of product, non-availability or delays of transportation, embargoes, accidents, delay or failure of Ametheus.com’s suppliers to make delivery of material, shortages of material or labour, restrictions, limitations, obligations, taxes, assessments, duty or fee imposed by any government or governmental authority, domestic or foreign, or any other cause beyond ametheus.com’s control. In such circumstances Ametheus.com’s obligations hereunder shall be suspended for so long as any such contingency continues, and you agree to extend, and are deemed to extend, for a corresponding period, any letters of credit or trade acceptance opened by you in respect to such shipment or delivery, provided, however, that if any shipment or delivery hereunder shall be so prevented for more than ninety (90) days, either Ametheus.com or you shall have the right to cancel the contract, but only with respect to such shipment or delivery, by written notice to the other.
7. Credit: Ametheus.com may at any time, in its sole discretion, limit the amount of credit to be extended to you and cancel any order with respect to all or any undelivered product if Ametheus.com shall deem such action advisable for credit reasons. You hereby represent and warrant that you are solvent and agree that such representation and warranty shall be deemed repeated upon each order and/or delivery hereunder. You hereby represent and warrant that you are solvent and agree that such representation and warranty shall be deemed repeated upon each order and/or delivery hereunder.
8. Generic Substitutions (applicable for pharma items): You hereby authorize ametheus.com to substitute one generic manufacturer’s product for the equivalent product of another generic manufacturer without prior notice to you.
9. Returns: You agree that any products that are returned will be handled in accordance with, and shall be subject to, ametheus.com’s applicable then-current Returned Goods Policy.
10. Use of Products: You warrant that you have all required governmental licenses, permits and approvals required to purchase, use and/or store the products you purchase from ametheus.com and that all your purchases from ametheus.com are for your “own use”, as such term is defined in judicial or legislative interpretation. Ametheus.com may immediately terminate your ability to make purchases if ametheus.com determines that you or any facility owned, operated, or managed by you, directly or indirectly, has breached this “own use” limitation. You will comply with all laws, rules and regulations applicable to products purchased hereunder.
11. Warrant: There are no warranties, express or implied, including any warranty of merchantability, non-infringement or fitness for a particular purpose, or otherwise, which extend beyond the description on the face hereof.
12. Limitation of liability: In no event shall ametheus.com be liable, whether in contract, tort or otherwise, for any indirect, incidental, consequential, or special damages or losses of any nature or for lost revenue, lost profits or lost business arising out of your purchases from ametheus.com, the use of products, or ametheus.com’s failure to deliver ordered products. In no event shall ametheus.com’s liability for any order or product under this agreement exceed the fees actually paid by you for such order or product. Ametheus.com’s sole obligation and your exclusive remedy for breach hereunder will be, at ametheus.com’s option, to repair or replace the product.
13. Discount Disclosure: If you receive any “discounts or other reductions in price” from ametheus.com, you may be required to disclose the discounts or reductions in price under any state or federal program which provides cost or charge-based reimbursement to you for the products or services you buy from ametheus.com, or as otherwise requested or required by any governmental agency as conditions in your country of residence or any other relevant country.
14. Miscellaneous: This Agreement and all communications, disputes and performance related hereto shall be governed by and construed according to the internal laws of the State of Ohio. No rights hereunder or arising out of these terms and conditions may be assigned by you without the express written consent of ametheus.com. No waiver by ametheus.com of any default or failure by ametheus.com to enforce a right hereunder shall be deemed a waiver of any right or prior or subsequent default. You agree that all information on our Ordering Site, this Agreement, and your purchase terms, including, but not limited to, price, are confidential and may not be disclosed to third parties.
15. Force Majeure: The performance of the contract is subject to Force Majeure as defined by the rules of the Indian arbitration code, as fully as if the same has been expressly inserted herein whether or not either or both of the parties are members of the parties are incorporated in India.
16. Governing Contract: This Contract is subject to the terms and conditions of ametheus.com or its parent company Ametheus Commodities Pvt Ltd, Ametheus Holdings Pvt Ltd of which the Parties admit to have knowledge and notice. If any provision of this Contract is inconsistent with the contract form, such provision of this Contract shall prevail. This Contract shall be governed by and construed in accordance with Indian arbitration law. All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this Contract or the breach thereof shall be settled by arbitration in accordance with Indian arbitration law only of which the parties admit to have knowledge and notice and hereby accept.
17. The Indian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
18. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India officially the Republic of India.
