1. Definitions
1.1 “Order” refers to any purchase order or other form of request for Products submitted by the Customer to Drizzle Plastware.
1.2 “Products” refers to all items, including but not limited to plastic ware, manufactured and supplied by Drizzle Plastware.
1.3 “Delivery” refers to the transfer of Products from Drizzle Plastware to the Customer, including the logistics and transportation involved.
1.4 “Intellectual Property” refers to all patents, trademarks, copyrights, designs, trade secrets, and other proprietary rights owned by Drizzle Plastware.
2. Orders
2.1 Orders must be submitted in writing and include detailed specifications, quantities, and required delivery dates.
2.2 Orders are considered accepted only upon written confirmation by Drizzle Plastware.
3. Pricing and Payment
3.1 Pricing is based on a fixed price structure unless otherwise agreed in writing.
3.2 Payment terms are net 30 days from the date of invoice unless otherwise agreed in writing.
3.3 Accepted payment methods include bank transfer and cheque.
3.4 A late payment fee of 1.5% per month will be applied to overdue invoices.
4. Delivery and Performance
4.1 Delivery timelines will be mutually agreed upon at the time of Order acceptance.
4.2 Drizzle Plastware is not liable for delays caused by circumstances beyond its control.
4.3 Ownership and risk of loss transfer to the Customer upon Delivery.
5. Warranties and Disclaimers
5.1 Drizzle Plastware warrants that Products will be free from defects in materials and workmanship for a period of 12 months from the date of Delivery.
5.2 This warranty does not cover defects resulting from improper use, handling, or storage by the Customer.
5.3 Except as expressly stated in this warranty, Drizzle Plastware disclaims all other warranties, express or implied.
6. Limitation of Liability
6.1 Drizzle Plastware’s liability is limited to the cost of the Products supplied.
6.2 Drizzle Plastware is not liable for consequential damages, lost profits, or other indirect damages.
7. Intellectual Property
7.1 All Intellectual Property rights related to Products and manufacturing processes are retained by Drizzle Plastware.
7.2 Intellectual Property created during the manufacturing process remains the exclusive property of Drizzle Plastware.
8. Confidentiality
8.1 Drizzle Plastware will maintain the confidentiality of all customer information and trade secrets disclosed during the course of business.
9. Term and Termination
9.1 These Terms and Conditions are effective until terminated by either party.
9.2 Either party may terminate the agreement in the event of a breach of contract or insolvency.
10. Force Majeure
10.1 Drizzle Plastware is not liable for delays or non-performance due to events beyond its control, including natural disasters and labor strikes.
11. Governing Law and Dispute Resolution
11.1 These Terms and Conditions are governed by the laws of the State of Gujarat, India.
11.2 Any disputes will be resolved through arbitration in Ahmedabad, Gujarat.
12. Entire Agreement
12.1 These Terms and Conditions constitute the entire agreement between the parties and supersede all prior communications.
Additional Considerations
Customer Materials
A.1 If customers provide their own materials, they must ensure timely delivery and appropriate quality.
Tooling and Molds
A.2 Drizzle Plastware retains ownership of all tooling and molds created for the project, unless otherwise agreed in writing.
Changes
A.3 Any changes to Orders must be agreed upon in writing, and the Customer is responsible for any additional costs incurred.
Safety
A.4 Drizzle Plastware adheres to all relevant safety standards and regulations. The Customer must ensure that all Products are used in compliance with these standards.