INTERVET INDIA PVT. LTD. Terms of Trade

‘lntervet’ means and should be referred to ‘Interval India Private Limited’.
This purchase order (“PO”) is issued by Intervet in favour of third party (“Vendor”) for procurement of material/goods (‘said material”) service
Once accepted, this PO shall be treated as an agreement executed between Intervet and Vendor and the terms of its shall be binding on both the parties.
PO shall be accepted by Vendor within 7 days of date of receipt of it. In case no communication is received within 7 days from the data of receipt of the PO, it shall be considered as a deemed acceptance of It by Vendor.
There shall be a reasonable time at lntervet’s disposal for examination and testing of said material delivered by Vendor and / or receipt of service as per the PO. In case, wherein during examination and testing, the said material is found to be of inferior quality and/or do not conform to the sample and/or specifications provided by Intervet. Intervet has a right to reject it. In case where the examination/testing of material cannot be done until the said material is used. Intervet shall be able to reject it after it is being used, and such delayed examination/testing shall not be constituted as waiver of lntervet’s right to reject the said material.
lntervet’s decision shall prevail in deciding a reasonable time in this case.
Each container of raw material supplied by Vendor pursuant to this PO shall contain details of net weight and gross weight of It. Raw materials supplied by the Vendor shall have at least 75% of its remaining shelf life available at the lime of its receipt by Intervet. For FPP shelf life shall be as agreed in contract.
Vendor shall submit a Certificate of Analysis (COA) along with each supply of said material.
If for any reason Vendor defaults or commits any breach of the terms of this PO, then in that case. Intervet shall have the right to return to Vendor at once, said material, unsold and unused. at the full invoice prices. In the event of such a contingency Vendor agrees to take back such unsold said material and to return to Intervet the sum paid and expenses incurred by Intervet on transportation both ways, labour, etc. in connection with the said malarial.
The signature of lntervet’s representative / authorized person on delivery challan or any other document is only an acknowledgment of receipt of no. of units of the said material and is not towards verification of correct weight/ quantity or quality contained or condition of contents of the said material.
Intervet reserves the right to reject and return at Vendor’s expense, the said malarial, supplied in excess of the quantity ordered as per the PO.
Intervet shall not pay for dies, tools, mouldings, cuts, engraving, drawings, electrodes, materials etc., unless specified in PO and unless the same is going to remain lntervet’s property.
By acceptance of PO Vendor represents and warrants that the said material covered by the PO is not manufactured or sold by him in violation of any patent or other rights and Vendor agrees to indemnify Intervet against liability for any such violation thereof. Vendor agrees to bear the expenses incurred by Intervet towards defending any suit that may be instituted against Intervet for alleged infringement of any patent relating to the said malarial.
Intervet reserve the right to cancel all or any part of this PO In the event of force major situation including fire or any other casualty, damage to lntervet’s premises or in case or any embargo or action by national, provincial, municipal or other duty constituted government or agencies thereof adversely affecting lntervet’s ability to perform hereunder or in the event of strikes or other labour trouble adversely affecting Intervet, directly or indirectly.
Vendor agrees to Indemnify and hold Intervet harmless with regard to the third party claims arising from the said material/service supplied by Vendor pursuant to this PO.
Vendor warrants and guarantees that the said material/service supplied by him pursuant to this PO in compliance with all applicable laws, ordinance, regulations and in accordance with the accepted trade practices.
Vendor assures and guarantees that the said material/service supplied by it strictly conforms to the standards and specifications prescribed in this behalf by lntervet.
This PO is issued solely for the purchase of goods, merchandise or malarial/service herein specified. Vendor is an independent contractor. The Vendor shall not be considered as an agent or employee or lntervet pursuant to this PO. The Vendor shall assume all obligations under all the applicable labour and industrial laws with respect to the persons employed in production of such goods, merchandise or materials/service and the Vendor agrees to indemnify lntervet against any liability emanating in respect thereof.
This PO shall not be assignable by either party without the written consent of the other.
Time shall be of an essence of this PO.
The terms and conditions of this PO may be modified only by an ‘Amended Purchase Order’ duly signed by lntervet’s authorized representative.
Unless otherwise stated, the price quoted in this PO is inclusive of all taxes, insurance and freight up lo destination.
If any particular part of this PO is declared contrary to any applicable law, such declaration shall not invalidate the rest of the part of this PO. Fulfilling statutory / regulatory requirements as applicable to the said malarial/service being supplied is Vendor’s responsibility.
Laws of India shall be applicable to these terms and conditions. If any dispute or difference arises between the parties with regard to this PO, the Court of competent jurisdiction In Pune shall adjudicate upon it.
The Vendor shall not either directly or indirectly, during the pendency of this PO or thereafter, for any reason whatsoever, divulge, disclose or make public any information whatsoever which may come to his knowledge whether concerning the business, contracts, methods transaction, dealings, affairs of lntervet or otherwise, save in accordance with the performance of his duties as required.
Vendor’s place of business may be inspected by lntervet’s representative whenever required.
Vendor shall take lntervet’s prior approval as and when there is any plan for change in existing manufacturing process, equipment or site.
Bill/ Invoice shall be sent to Finance Department (lntervet India Private Limited, 33, Pune-Nagar Road. Pune 411014) clearly indicating the requirements as per the prevailing law. Your bill should be exactly in line with lntervet’s PO terms to facilitate easier payment and it must be legible.
In compliance of Environment, health and safety norms, the Vendor shall
- provide MSDS (Material Safety Data Sheet) data to Intervet and update the same whenever required:
- provide lo Intervet an appropriate status labels applicable to the product, clearly indicating the status on Hazardous / Carcinogenic / Mutagenic / Toxic in nature:
- Maintain safe handling and storage procedures in case or Hazardous product:
- Ensure that the Vendor’s vehicle entering lntervet’s designated premises for delivery of said material shall comply with Motor Vehicle Act. Valid documents like registration papers. PUC, Insurance certificate and Driver’s license shall be available with the Driver of the Vehicle.
Adherence to safety and work instructions is must during the course of contractors agreement for construction, repairs etc. Your employees will follow rules and regulations of Intervet pertaining to safety and work Instructions. Failure to do so will attract appropriate penalty. Penalty will be deducted from payment of your bill/invoice.
Ethical Business Practices
1. The parties mutually acknowledge that their respective corporate policies require that their business is to be conducted within the letter and spirit of the law.
2. Vendor agrees to perform its obligations under each Order in a manner which is consistent with both law and good business ethics. Specifically, Vendor warrant that it shall not make any payment either directly or indirectly of money or other assets including but not limited to the compensation it derives from an Order to any party where such payment would constitute a violation of any law. In addition, regardless of legality, Vendor shall make no payment either directly or indirectly to any officials, officers, agents or representatives of any government or political party if such payment is for the purpose of influencing decisions or actions with respect to the subject matter of an Order or any other aspect of lntervet’s business.
3. Vendor acknowledges that no employee of Intervet shall have authority to give any direction, either written or oral, relating to the making of any commitment by Vendor or its agents to any third party in violation of the terms of this or any other clause of these Conditions.
4. Vendor’s failure to abide by the provisions of this clause shall be deemed a material breach of these Conditions. Intervet may, in such case, terminate any Order(s) at its sole discretion upon written notice to Vendor and without prejudice to any other remedies that may be available to Intervet.
Vendor by accepting this order acknowledges absolute and unqualified acceptance of the foregoing terms and conditions of this PO. The terms and conditions of this PO shall not be deemed to have been amended, modified or set aside under the premise of any contrary provision appearing in the Vendor’s invoice.