NAPCO Sales Policy & Procedures

 

  1. These terms and conditions shall supersede all prior representations, orders, documentation and negotiations concerning the subject matter of the order and shall not be varied save by the written confirmation of the seller.
  2. Delivery terms FOB, FAS, C & F, CIF and Ex works shall have the same meanings as assigned to them in Incoterms 1953 as amended. All references in the Contract to dates or periods of time shall be construed in accordance with the Gregorian calendar.
  3. Seller shall make all reasonable endeavors to deliver the goods which are the subject of the Contract within the time or times specified in the Contract, However, seller shall in no event be liable of any loss or damage resulting directly or indirectly to Purchaser through or as a consequence of late delivery.
  1. Seller shall be entitled to suspend delivery under the order and then to recommence delivery or to cancel or rescind the Contract in whole or in part, without in any such case, liability for loss or damage resulting therefrom, if the performance of its obligations under the order or its ability to manufacture the goods is in any way affected by fire explosion, flood, drought, strike, labour difficulties, lockout, shortage of any raw material or power, failure of any operating requirement, mobilization, war (declared or undeclared), hostilities, riot, rebellion, revolution, sabotage, blockade, act of any Government or Government agency, act of nature or any other cause whether or not of the nature or character specified above which is beyond the reasonable control of seller. In the event of any such cause arising, seller shall give notice thereof to purchaser as soon as practicable.
  1. The goods may exceed or fall short of the stipulated quantity in accordance with seller’s standard shipping tolerance of  ±10% to ± 25% and purchaser shall accept such different quantity, and the order shall stand adjusted accordingly, unless notified otherwise.
  1. The prices are quoted to include ordinary packing, but additional charges will be levied for extra strong packing if required by the purchaser.
  1. Dies, if cut, at the specific instance of the purchaser may be invoiced and shall remain the seller’s property and under no condition whatsoever will be permitted to leave the seller’s works.
  1. All orders are accepted on condition that any fluctuation in the costs of raw materials or taxes may entail a corresponding adjustment in selling price of such portion of current orders has remained to be completed at the date of such fluctuation comes into effect.
  1. The basis of sale shall be running meters and for commercial convenience the running mates are translated into Kgs. As per catalogue / drawing Kgs. / meter.
  1. The seller shall not be liable unless, in the case of a damaged delivery or discrepancy in quantity, purchaser gives written notice to seller and the carrier within 7 days of delivery and gives seller a reasonable opportunity to inspect the goods in the state and condition (and location in case of damaged delivery only) in which they were delivered and, in the case of non-delivery, purchases gives written notice to seller within 14 days of the aforesaid estimated date of arrival. In cases where seller concludes the order for carriage of the goods and /or arranges for the insurance of the goods during transit, seller shall be deemed to be acting solely as agent of purchaser and seller may insure the goods on such terms as it sees fit. Seller reserves the right (without prejudice to any other rights it may have) to charge to purchaser any cost incurred by seller as a result of vehicle or wagon detention, demurrage of ships, warehouse), insurance and/or handling in consequence of any act or omission of purchaser or its servants or agents or as a result of special requirements or stipulations of purchaser not provided for in the contract.
  1. Seller warrants that all good supplied shall in conformity with the contract specification. However, seller’s liability under this warranty shall be limited to replacing or refunding (at the option of seller), the purchase price of any goods which are in breach of this warranty and which seller is given a reasonable opportunity to inspect in the state and condition (and location in case of breach apparent on reasonable visual examination only) in which they were delivered. Nor withstanding the foregoing, seller shall be under no such liability unless written notice of the alleged breach of warranty is given to seller within 7 days of delivery of the goods in the case of a breach apparent on reasonable visual examination, or within 30 days of such delivery in any other case. Upon any such replacement or refund the defective goods shall be made available for collection by seller of if seller so instructs in writing shall be returned to seller at its cost. The foregoing warranty is given in lieu of and shall be deemed to exclude all other warranties and conditions (including without limitation fitness for any particular purpose) whether express or implied and whether arising by common law, statue, custom or otherwise. Except as provided above, seller shall not be liable for and purchaser shall indemnify seller against, any loss, injury or damage of any nature whatsoever whether direct or consequential arising out of or in connection with any goods supplied by seller to purchaser or resulting from the use thereof.
  1. Purchaser shall indemnity seller against all liabilities, costs and claims which seller may incur or which may be made against it as a result of or in connection with infringement or alleged infringement of any letters, patent, trademarks, registered designs or other monopoly rights arising in any way from the manufacture of sale by seller of goods made to purchaser’s specifications, drawings or instructions. 
  1. Property of the goods shall not pass to purchaser until payment has been received by seller. For this purpose, payment shall mean the unconditional receipt of value to seller’s bank account. The risk in goods sold ex works shall pass to purchaser or its agents at NAPCO. The risk in goods sold ex works shall pass to purchaser upon receipt of such goods y purchaser or its agents at NAPCO works. The risk in goods sold FOB, CIF or C & F shall pass to purchaser upon the transfer of such goods over the rail of the relevant ship/truck. The risk in goods sold FAS shall pass to purchaser upon delivery of such goods on the wharf at the point of shipment.
  1. Payment for goods supplied hereunder shall be made immediately available free and clear of all deduction and withholdings. Without prejudice to any other rights it may have, seller may suspend all or any other deliveries to be made hereunder or under any other contract with purchaser for such period as seller may select, or instead of or after such suspension terminate the contract or any such other contract if purchaser shall commit any breach of any term hereof (including without limitation any terms concerning the time for payment of the whole or any part of the purchaser price of the goods) of any such other contract. Late payment by purchaser of the purchase price of the goods shall bear interest calculated on a day by day basis at four per cent above the offered Oman Inter Bank rates and shall be compounded at the end of each such period.
  1. Purchaser may not assign or transfer all or any part of its rights or obligations hereunder without the prior written consent of seller.
  1. Purchaser hereby agrees that no portion of the goods shall be resold, assigned or delivered to Sultanate of Oman.
  1. The Contract shall be governed by and construed in accordance with the laws of the Sultanate of Oman, any litigation/ legal action shall only lie within the jurisdiction of Muscat, Sultanate of Oman.