Terms & Conditions

Introduction

These Terms and Conditions govern all business transactions between Moksham Comercio Pvt Ltd and its B2B clients. By engaging in business with us, you agree to be bound by these terms.

All terms and conditions are subject to final contract. Please contact our commercial team for specific quotes and customized requirements.

General Business Terms

• All transactions are subject to final contract agreement between the parties.
• Prices quoted on our website are FOB (Free On Board) prices unless otherwise specified.
• Freight costs will be subject to destination port and size of the vehicle.
• Vehicle delivery times are based on country of destination and stock availability.
• All specifications, dimensions, and weights are approximate and subject to normal manufacturing tolerances.
• We reserve the right to make changes to product specifications without prior notice when necessary.

Payment Terms

All payments must be made in accordance with the following terms:

Payment Method	Details	Additional Fees
Letter of Credit (LC)	Irrevocable and confirmed LC	Additional 3% on FOB/CIF price
Bank Transfer (TT)	Telegraphic transfer	No additional fees

Payment Schedule

• For new clients: 50% advance payment with order, 50% before shipment
• For established clients: 30% advance payment with order, 70% against shipping documents
• Alternative payment schedules may be negotiated for large orders

Order and Delivery

Order Process

• All orders must be submitted in writing via official purchase order
• Orders are subject to written confirmation from our commercial team
• We reserve the right to refuse any order without providing a reason
• Order cancellation may be subject to cancellation fees

Delivery Terms

• Delivery times are estimates and may vary based on factors beyond our control
• Risk of loss or damage to products transfers to the buyer upon delivery to the carrier (for FOB shipments)
• For CIF shipments, risk transfers upon delivery at destination port
• Buyer is responsible for all import duties, taxes, and customs clearance procedures in their country
• Delays in customs clearance or import procedures do not constitute grounds for cancellation

Warranty and Liability

Product Warranty

• Products are sold with standard manufacturer warranties where applicable
• Warranty periods vary by product and manufacturer
• Warranty claims must be submitted in writing within the specified warranty period
• Warranty does not cover damage caused by misuse, improper maintenance, or unauthorized modifications

Liability Limitations

• Our liability is limited to the purchase price of the products, except in cases of gross negligence or willful misconduct
• We are not liable for indirect, incidental, or consequential damages
• All claims must be submitted within 30 days of delivery
• Products must be inspected upon delivery, with any visible damage reported within 7 days

Intellectual Property

All intellectual property rights related to our products, branding, website content, and marketing materials remain the exclusive property of Moksham Comercio Pvt Ltd. Unauthorized use, reproduction, or distribution is prohibited.

You may not use our trademarks, logos, or other proprietary marks without our prior written consent.

Dispute Resolution

Any disputes arising from these terms shall be resolved through the following process:

1. Negotiation: Parties will attempt to resolve disputes through friendly negotiations
2. Mediation: If negotiation fails, parties may agree to mediation with a neutral third party
3. Arbitration: Unresolved disputes shall be referred to arbitration in accordance with Indian law
4. Litigation: As a last resort, disputes shall be subject to the exclusive jurisdiction of courts in Aurangabad, Maharashtra, India

Confidentiality

Both parties agree to maintain the confidentiality of all business, technical, and financial information exchanged during the course of their business relationship. This obligation continues for three years after the termination of the business relationship.

Termination

Either party may terminate the business relationship with written notice if:

• The other party breaches a material term of these conditions and fails to remedy the breach within 30 days of written notice
• The other party becomes insolvent, enters bankruptcy, or ceases operations
• Force majeure circumstances prevent continued business for more than 60 days

Contact Information

For any questions regarding these Terms and Conditions or to discuss specific business requirements:

Amendments

We reserve the right to modify these Terms and Conditions at any time. The most current version will always be available on our website. Continued business with us after changes constitutes acceptance of the modified terms.

Last updated: October 2023