In the event of Namaste Exports Ltd. (NEL) accepting and registering the dealer Registration Form and upon appointment as Dealer, following terms and condition in addition to NEL’s standard terms and condition shall be applicable to a Dealer.
- Appointment of a Dealer shall be at the sole discretion of NEL on non exclusive basis and area of operation shall be within India
- Dealer shall purchase the goods at such price as may be negotiated and agreed between NEL and the Dealer from time to time.
- The Dealer shall place orders for the goods at least 7 days in advance with adequate details as may be required by NEL. All orders placed by a Dealer shall be subject to acceptance by NEL. If an order is accepted, NEL shall make best efforts to execute the orders as per the terms of P.O subject to availability of adequate stock.
However under special circumstances order may be cancelled by mutual consent. (For e.g. non availability of stock, withdrawal or discontinuation of a model by a manufacturer etc.
- Terms and mode of payment shall be as may be mutually agreed upon between NEL and Dealer from time to time.
- So long as the purchase price of the goods has been duly paid to NEL, the Dealer shall be the owner of the goods received by him. However, NEL shall have general lien on all the goods of Dealer for the time being in the possession of NEL (including the goods already paid for but of which delivery may not have undertaken by a Dealer) for any amount due to NEL. The ownership of the good and risk associated with the good shall be deemed to have passed to a Dealer as soon Dealer or his authorized representatives take the delivery of the goods at NEL’s warehouse. NEL shall not be responsible for any loss or damage caused to the goods once a Dealer takes the delivery at NEL’s warehouse.
- The price quoted to a Dealer in specific and any other information divulged to a Dealer in general shall be deemed to be confidential information and dealer shall maintain the confidentially of such price and other information.
- The Dealership arrangement shall be in force from the date of appointment till such the arrangement is terminated by NEL. NEL may terminate this arrangement at its sole discretion without assigning any reason and by giving one week advance notice writing to a Dealer.
- All the amount payable by either party prior to or as of the date the termination shall become immediately due and payable. NEL shall not be bound to execute the pending purchase orders of a Dealer regardless of acceptance of the same by NEL prior to the date of termination.
- The relationship between NEL and a Dealer shall be that of seller and buyer and not that of Principal and agent.
- Miscellaneous: a) All sales of the goods to a Dealer shall be subject to terms and conditions set forth in this registration form and in NEL‘s standard terms and condition applicable thereto.
- In the event of a Dealer bouncing the cheque. Dealer shall pay the amount due towards the bounced cheque together with penal charges of 1.5% up front on the cheque value by means Demand Draft within 3 working days of receipt of information from NEL.
- Non receipt of order acceptance from NEL or non acknowledgement of NEL’s Invoice by a Dealer shall not be a ground for Dealer to withhold the payment due to NEL.
- In the event of a Dealer failing to pay up the amount due to NEL, NEL shall enter the premises of the Dealer, seize and take away the goods sell or cause to be sold the same and appropriate such sale proceed towards any and all amount owned by a Dealer to NEL.
Disputes which cannot be settled amicably will be governed by the laws of India and the parties hereby submit to the exclusive jurisdiction of the BANGALORE courts.