SELLER / VENDOR TERMS AND CONDITIONS
ACCEPTANCE
Unless otherwise specifically agreed to in writing, the following terms and conditions shall apply to the SELLER’S acceptance of Purchase Order. The acceptance of order by the SELLER shall be conclusive evidence of the SELLER’S approval,consent, and agreement to the terms and conditions herein. Any terms and conditions listed on any SELLER documents which are in addition to or in conflict with these terms and conditions are objected to and shall not become part of this transaction.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
IMPORTANT DOCUMENTS TO BE SUBMITTED
Identity Proof
Address Proof ( Any One of following )
Once the Ayurved Mall seller has decided on and registered a suitable business entity for the proposed business, the following tax registration and bank account in the name of the business or entity will be required:
All above mentioned and required documents should be submitted via email on help-india@ayurvedmall.com or via post / courier to Ayurved Mall, 23, Hrushikesh Plaza, Rathchakra Chowk, Indiranagar, NASHIK - 422009, Maharashtra, India within 7 days of account activation. Otherwise , Ayurved Mall reserves the right to cancel / suspend seller's account without any refund of one time sign up fees and any other payments regarding sale during these 7 days.
CONFIRMATION OF ORDER
The SELLER must acknowledge the order and notify AYURVEDMALLbyemail to help-india@ayurvedmall.com, within one business day, if the order will be fulfilled or not.
DELAY IN DELIVERY
If the SELLER becomes aware of any circumstances that are likely to cause a delay in delivery of the ordered item(s), the SELLER will immediately notify AYURVEDMALL in writing stating the reason for the delay and the updated delivery date. Upon receipt of this information, AYURVEDMALL reserves the right to keep or cancel the purchase order without liability or penalty. AYURVEDMALL also reserves the right to cancel a purchase order if the SELLER cannot meet the needs of an expedited purchase order.
QUALITY
SELLER shall maintain a quality management system, preferably one that is approved by FDA, ISO9001, or which is acceptable and appropriate for the items supplied here under and shall comply with general industry standards. Items supplied shall meet the requirements of the applicable technical specifications and documentation(drawings, specifications, standards, etc.). It shall be the sole responsibility of the SELLER to monitor that the technical specifications regarding materials, methods, form,fitness, and function are observed, whether or not the items have been manufactured by MANUFACTURERS or SELLER or by any of SELLER’S subcontractors.If no specific requirements are stated, good industry and craftsman-like practice shall be observed. Items are to be manufactured in accordance with spares configuration guidelines.
CERTIFICATION AND TRACEABILITY
All items must conform to the Original Equipment Manufacturer's (OEMs) specifications and tests. An 8130-3 tag(Serviceable Tag) or Certification of Conformance must accompany the items from SELLER’S facility,including a statement of the condition of the item, back-up data on file for inspection, and signed by an authorized representative of the SELLER. Should such certification not accompany the shipment, items will be held in quarantine and no payment will be processed until the proper certification is received. AYURVEDMALL reserves the right to be supplied with and/or audit such certification on all new items purchased. AYURVEDMALL will require trace ability back to a valid FDA, or an approved source and full source documentation. All raw material, machining, and processing certifications shall be supplied at no cost if requested. All Certifications and related documentation must be retained on file by SELLER fora period of at least five (5) years after completion of this Purchase Order.
LIABILITY
The SELLER is liable for all defects in items delivered, including concealed defects, even if they are recognizable and discovered only upon opening, processing,installation, and/or use, and this is not subject to any time limit for claim by AYURVEDMALL.The SELLER shall indemnify and hold AYURVEDMALL harmless from all claims arising from infringement of industrial property rights,patents, copyrights, and other third-party rights, and SELLER agrees that it will defend at its own expense any and all suits against AYURVEDMALL for infringement of any Indian or foreign patent, copyright, or other intellectual property right. AYURVEDMALL has the option to reject nonconforming items. All rejected items will be returned at SELLER’S expense.In urgent cases or in the event of delay in supplying a replacement, AYURVEDMALL shall, at the SELLER’S expense, have the right to remedy the defects, or to procure a replacement elsewhere. This shall not affect AYURVEDMALL’S statutory warranty and liability claims, which are in addition to those expressly set forth herein. SELLER shall maintain Aviation Product Liability Insurance in a reasonable amount, and shall provide a Certificate of such insurance to AYURVEDMALL upon request.
PACKAGING
Unless otherwise specified, all packing and packaging shall comply with best commercial practice. The price includes all charges for such packing, packaging, and transportation to the shipping point. All items must be packed in accordance with manufacturer specifications. All shipments to AYURVEDMALL must be visually identified with the Purchase Order number on the exterior of package/box so that packages/boxes do not have to be opened to verify order.Unidentified shipments may be refused and returned to sender. All crating and pallet materials used in shipments to or on behalf of AYURVEDMALL must comply with the International Plant Protection Convention’s (IPPC) International Standards for Phytosanitary Measures (ISPM). Refer to the ISPM’s publication Guide for Regulating Wood Packaging Material in International Trade located on the IPPCwebsite at http://www.ippc.int. All Shipments must be packaged for international shipment, failure to do so will cause AYURVEDMALL to repackage and assess SELLER for any associated charges. All Hazardous Materials/Dangerous Goods shipped to or on behalf of AYURVEDMALL,must be packaged, labeled, and shipped in accordance with, and comply with the International Air Transport Association (IATA) as well as any and all other applicable laws and regulations. UN number required with hazardous materials as per IATA regulations. All shipments must be packaged in a way that shipped material will not be damaged.
MATERIAL SAFETY DATA SHEET (M.S.D.S.)
If an M.S.D.S. is required for this material, the SELLER shall include one copy of the M.S.D.S., and it shall be identifiable and provided with each shipment of the items furnished under this order.
PAYMENT
All invoice payments will be issued within seven days after the receipt and acceptance of items and payment terms. If the order requirements are not met, payment, including COD shipments, will be delayed a corresponding amount of time until such requirements are met.
PRICES
All prices are stated in Indian Rupees (INR) and shall stay firm during the entirety of the purchase order. Any price increases will be absorbed by the SELLER.
NONCONFORMING PRODUCT
Nonconforming items that result from this purchase order,whether produced through manufacturing process, or a product from overhaul/repair maintenance activity, shall be destroyed if they cannot be repaired. In a case where an item/product is found to be nonconforming after being sent to AYURVEDMALL,the SELLER must notify AYURVEDMALL immediately of the nonconforming item/product on email help-india@ayurvedmall.com.
RIGHT OF ENTRY
SELLER here by grants to AYURVEDMALL,its customers, and any applicable regulatory agencies, the right to enter on its premises as well as other necessary places, during normal business hours,for the purpose of inspection of SELLER’S facilities and systems to ensure SELLER’S compliance with the terms and requirements of order, including the quality of the contracted work, records, and materials.
DEBARMENT OF SELLER
If SELLER (or any of its subcontractors) is debarred by the Indian Government from participating in transactions which involve the export of items (whether commercial or military), AYURVEDMALL has the immediate available option of canceling this order without liability of any kind to SELLER. If SELLER (or any of its subcontractors) is debarred by the Indian Government from selling items either directly to the government or from providing items as a subcontractor in fulfillment of requirements originating with the Indian Government, AYURVEDMALL has the immediate available option of canceling this order without liability of any kind to SELLER. If AYURVEDMALL only becomes aware of such status of SELLER (or any of its subcontractors) after receipt of the ordered items, AYURVEDMALL may return such items to SELLER and SELLER shall immediate lyrefund all amounts paid by AYURVEDMALL,if any, for such items. It is SELLER’S responsibility to determine if its subcontractors meet the requirements of this paragraph.
ASSIGNMENT & MODIFICATION
SELLER shall not assign, sell, or subcontract this purchase order, or any part thereof,without AYURVEDMALL’s prior written consent. No modification of this order shall be binding, unless agreed to in writing by an authorized representative of AYURVEDMALL.
OUTSIDE MAINTENANCE FUNCTIONS
SELLER shall meet all the requirements set forth by DGCA to be able to perform maintenance functions for AYURVEDMALL. This includes having an DGCA approved drug program and a quality management system etc.
CORRECTIVE ACTION
SELLERs must have a system for Corrective Action. Corrective Action refers to an internal problem solving process initiated to prevent future delivery of defective product. Emphasis should be on identifying potential problems and implementing a solution at the source.
Corrective action should be performed by an individual knowledgeable in the area or process that caused the defect. That person will conduct a failure analysis to identify the cause of the problem, propose and implement a solution.
The solution should be verified to ensure the problem is solved.
The SELLER shall establish, document, implement and maintain a procedure to evaluate if nonconformities are based on human factors and if additional nonconforming parts exist.
SELLERs must provide a Corrective Action response within 30 calendar days. If a response is not received, a reminder call, email, or letter will be sent. If a Corrective Action is not responded to within 60 days of receipt, AYURVEDMALL reserves the right to terminate for cause any open purchase orders with the SELLER. Unusual circumstances that require additional time to resolve should be arranged in advance by the SELLER through AYURVEDMALL’s Quality department.
SELLER FLOW DOWN
All SELLER requirements mandated by AYURVEDMALL must be flowed down to sub-tier SELLERs.
SELLER RECORDS
Records Control
The SELLER/vendor shall maintain a documented procedure,maintaining and controlling Quality records in accordance with acceptable quality system standards. Upon request, SELLER/vendor shall be capable of retrieving and delivering required records to AYURVEDMALL within 48 hours from time of request.
Records Retention
Unless otherwise approved by DGCA in writing, SELLER/vendor shall maintain all records that provide objective evidence of compliance to AYURVEDMALL PO/RO requirements for a minimum of 2 years after the last delivery of products and/or services listed on PO or RO received by DGCA Prior to discarding,transferring to another organization, or destruction of such records, the SELLER/vendor shall notify the AYURVEDMALL quality in writing and give AYURVEDMALL the opportunity to gain possession of the records. These requirements are applicable to records generated by SELLER/vendor’s sub-tier sources.
GOVERNING LAW
This agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Nashik.
NOTICE OF COPYRIGHT INFRINGEMENT
AyurvedMall is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the email address – help-india@ayurvedmall.com
request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner,its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
DISCLAIMER
Pricing on any product(s)
as is reflected on the Website may due to
some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event
seller may cancel such your order(s).
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help-india@ayurvedmall.com.