Terms & Conditions

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES -27/05/21

    1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

      THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES

      BY PLACING AN REQUIREMENT FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN REQUIREMENT ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

      YOU MAY NOT SEND REQUIREMENT OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH Nidhi Enterprises/ Nidhi Polymers/ Nidhi Corporation, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

      These terms and conditions (these “Terms“) apply to the purchase and sale of products through www.procurefast.com (the “Site“). These Terms are subject to change by Nidhi Enterprises/ Nidhi Polymers/ Nidhi Corporation (referred to as “US“, “WE“, or “OUR” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

      These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

 

    1. REQUIREMENT Acceptance and Cancellation. You agree that your SEND REQUIREMENT is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

    1. Prices and Payment Terms.
      1. All prices, discounts, and promotions posted on this Site are subject to change without notice. All prices stated on this website are in Indian Rupees (INR). Pricing is fixed in INR and will NOT fluctuate with currency exchange rates. The price charged for a product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases may apply to orders already placed subject to certain external circumstances outside our control – like increase in raw material prices, changes in exchange rates, etc. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
      2. Terms of payment are within our sole discretion. Invoices are due and payable within the time stated on your invoice. We may charge a interest of 1.5% per month on balance amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.
      3. Small Order/Minimum Order Charge. For customers in India, any order less than INR 5,000 will be assessed a Small Order Charge necessary to meet the minimum order total of INR 5,000. 
      4. GST Compliance. We are required to charge GST to all customers within India; unless reduced or NIl GST may be charges to specifically exempted entities under law like firms within SEZs, Merchant Exporters, scientific/ educational institutions for research, etc as specified by the Government and subject to terms set by them. Customers who wrongfully supply invalid certifications will be reported to the tax revenue department. In such cases, where a customer has provided false information, or has failed to promptly provide us with required certifications, We will assess the appropriate local tax rates as required by law. Orders may be delayed as a result of such errors. We will make every effort to provide prompt service while maintaining compliance with all tax laws. 
      5. All Sales are final at the agreed upon payment terms stated at the time of sale. Customers may choose to apply for special payment terms, but the approval of those terms are at our sole discretion . 
      6. Special order items, custom order items, custom fabricated items or non-returnable items may require payment in full prior to shipping. Under certain circumstances (custom cut-to-size orders, custom fabrication, special order items), cash deposits, money orders, electronic cash transfers, and/or credit card payments may be required in order to expedite your shipment. 
      7. Packing and Forwarding (P&F) and Freight Charges. P&F charges appropriate to suitable material will be charged. All materials are packed in standard bardan (HDPE Cloth) packing unless otherwise requested; P&F includes packing material, packing labour and forwarding till your preferred transport or courier. Freight charges are generally -to pay- unless otherwise specified -if material sent by transport.  Freight charges are generally -paid upfront and included in Invoice (on approx basis)- unless otherwise specified -if material sent by courier.
      8. International Sales: currently we are selling only within India; for Export enquiries – please mail to nidhi.enterprises@gmail.com 

      Please send your requests for quotes and orders via e-mail to: nidhi.enterprises@gmail.com 

 

    1. Shipments; Delivery; Title and Risk of Loss OR Damage.
      1. All orders are generally shipped from the nearest shipping point by the least expensive surface method available, unless premium/fast shipping methods are requested. In all cases, the customer is required to pay all shipping charges. We make no freight estimate at the time of order, or assume any responsibility for freight charges or damages that may occur in transit. Although We will make every reasonable effort to select the most efficient & economical method of shipment, it is the responsibility of the customer to exercise due diligence in selecting a freight carrier that meets their cost and delivery requirements. ALL Freight charges are the sole responsibility of the customer. We are not liable for any delays in shipments.

 

    1. Returns, Cancellations & Order Refusal. No returns will be accepted unless specifically accepted by us at time of placing PO. Any claims for shortage or breakage for any reason, must be made within 3 days from date of receipt. No specially-made, custom fabricated, non-“cataloged”, special-ordered, or cut-to-size item may be returned. If the product has been altered by the customer in any way, it may not be returned. If we have accepted PO, we reserve the right to charge the customer for the full amount of the order even if cancellation request placed immediately after our acceptance of PO

 

    1. Manufacturer’s Warranty and Disclaimers.
      1. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties or guarantees with respect to the products offered on our Site. if any specific certification of testing report required – it must be specified at time of Send requirements OR Order- Else only standard certification on our letter head will be available for all items
      2. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
      3. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

    1. Limitation of Liability.
      1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    2. Privacy. Our Privacy Policy, http://www.procurefast.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

 

    1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

    1. Governing Law and Jurisdiction. All matters subject to Mumbai Jurisdiction
    2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.

 

    1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

 

    1. Notices. -We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

    1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

  1. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.