General Terms of Sale and Website Use

These General Terms govern all enquiries, quotations, order confirmations, sales and supplies made by NK Global Export Sourcing LLP (“the Company”, “we”, “us”) to any buyer (“the Buyer”, “you”), unless expressly varied by a signed written contract between the parties.

Placing an order, issuing a purchase order or opening a letter of credit against our quotation constitutes acceptance of these terms in full. Any buyer terms printed on a purchase order or other document are expressly excluded unless we accept them in writing.

• Quotations are indicative and valid for the period stated on the quotation. Where no period is stated, validity is seven (7) calendar days from issue.
• Prices are subject to change without notice prior to order confirmation, and thereafter only where these terms expressly permit.
• A contract is formed only when we issue a written Order Confirmation or Proforma Invoice and the Buyer accepts it, or the Buyer makes payment or opens a letter of credit against it.
• Product images, illustrations, weights, dimensions and specifications published on this website are indicative. Binding specification is that recorded in the agreed specification sheet or Proforma Invoice.

• All prices are quoted in United States Dollars unless otherwise stated, on the Incoterm specified in the quotation (Incoterms® 2020).
• Prices exclude all destination-country customs duties, import taxes, port charges, demurrage, storage, inspection fees payable at destination and any local levies, all of which are for the Buyer’s account.
• Where a material change occurs between order confirmation and shipment in raw material cost, statutory duty, freight rate or currency parity exceeding five percent (5%), we may propose a revised price. The Buyer may accept the revision or cancel the unshipped balance without penalty.

• Standard terms are an irrevocable letter of credit at sight, confirmed by a bank acceptable to us, or advance payment by telegraphic transfer. Alternative structures are considered on a case-by-case basis for established accounts.
• All bank charges outside India are for the Buyer’s account.
• Where an advance deposit is agreed, the deposit is non-refundable once production or procurement has commenced against the Buyer’s approved specification.
• Overdue amounts carry interest at one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is lower, accruing from the due date until payment in full.
• We reserve the right to withhold shipment or documents where any amount due from the Buyer on any contract remains unpaid.

• Delivery dates are estimates given in good faith and are not of the essence unless expressly agreed in writing as a firm date.
• Risk passes to the Buyer in accordance with the agreed Incoterm. Title in the goods passes only upon our receipt of payment in full and cleared funds.
• Partial shipment and transhipment are permitted unless expressly prohibited in the Order Confirmation.
• We are not liable for delay caused by carrier scheduling, port congestion, customs procedure, inspection authority delay or any cause beyond our reasonable control.

• The Buyer may appoint an independent inspection agency at the Buyer’s cost. Inspection must be completed before container stuffing at the point of loading.
• Goods passed at pre-shipment inspection, or shipped where the Buyer waived inspection, are deemed accepted as to visible quality, quantity and packing.
• Claims for shortage, damage or non-conformity must be notified in writing within seven (7) days of arrival at the destination port, supported by photographic evidence, a survey report and the original packing list. Claims notified after this period are not entertained.
• Natural variation in agricultural produce, shade variation in tiles, stone and paint, and tolerance variation in engineering and panel products within accepted industry norms do not constitute a defect.
• Our maximum liability for any accepted claim is limited to the invoice value of the affected goods. We are not liable for onward freight, storage, demurrage, lost profit or consequential loss.

• We provide the commercial invoice, packing list, bill of lading and such certificates of origin, phytosanitary, fumigation, health or conformity documentation as are agreed at the time of order confirmation.
• The Buyer is solely responsible for advising, before order confirmation, any destination-specific labelling, certification, registration or import-licensing requirement. We are not liable for detention, rejection or penalty at destination arising from a requirement not disclosed to us in writing.
• The Buyer warrants that it holds all licences and approvals necessary to import the goods into the destination country.
• Both parties shall comply with all applicable export control, sanctions, anti-bribery and anti-money-laundering laws.

Neither party is liable for failure or delay in performance caused by an event beyond its reasonable control, including act of God, flood, fire, epidemic or pandemic, war, civil unrest, terrorism, strike, lockout, port closure, carrier failure, shipping-line schedule withdrawal, government action, export or import prohibition, or failure of public infrastructure.

Where such an event continues for more than sixty (60) days, either party may cancel the unshipped balance of the affected order by written notice, without liability other than payment for goods already shipped.

All content on this website, including text, layout, graphics, photographs, the NK Global Export Sourcing LLP name and logo, is the property of the Company or its licensors and may not be reproduced, distributed or used commercially without prior written consent.

Where the Buyer supplies artwork, trademarks or private-label specifications, the Buyer warrants that it owns or is licensed to use those rights and shall indemnify the Company against any third-party claim arising from their use.

Each party shall keep confidential all commercial, pricing, supplier and technical information disclosed by the other in connection with an enquiry or order, and shall not disclose it to any third party except to professional advisers, inspection agencies or banks on a need-to-know basis. This obligation survives termination for a period of three (3) years.

This website is provided for general information. While we take reasonable care to keep content accurate and current, we give no warranty that it is complete, error-free or continuously available, and it does not constitute an offer capable of acceptance.

The Company’s registration status, statutory identifiers and licence details are published on this site as and when issued by the relevant authority.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded under applicable law.

Subject to the above, the Company’s aggregate liability arising out of or in connection with any order, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the invoice value of the goods giving rise to the claim. The Company shall have no liability for loss of profit, loss of business, loss of contract, loss of goodwill or any indirect or consequential loss.

These terms and any contract formed under them are governed by the laws of India.

The parties shall first attempt to resolve any dispute by good-faith negotiation. Failing resolution within thirty (30) days, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Lucknow, Uttar Pradesh, India, and the language of arbitration shall be English. Subject to the foregoing, the courts at Lucknow shall have exclusive jurisdiction.

The Company may amend these General Terms at any time. The version published on this website at the date of order confirmation governs that order.

Questions regarding these terms should be directed to our contact email address, shown in the contact section of this website.