Standard terms & conditions of sale

These terms govern quotations issued by, and orders placed with, Akarta Exports, a merchant export house registered in India at 210 The Spire, 150 Feet Ring Road, Rajkot 360006, Gujarat, and part of the Ibiixo Group ("Akarta", "we"). They apply to every enquiry, proforma invoice, sales contract and shipment unless a signed contract between us says otherwise.

Akarta is a merchant exporter. We source finished goods from established Indian manufacturers against your written specification; we do not represent ourselves as the manufacturer of the goods. Where a manufacturer's brand, warranty or certification applies, it is stated in the offer.

Quotations are indicative and valid for the period stated on the offer (ordinarily 7 to 15 days), because Indian ex-works prices, ocean freight and currency move. A quotation is not an offer capable of acceptance until we issue a proforma invoice.

An order is confirmed only when (a) you countersign our proforma invoice or sales contract, and (b) the agreed advance or acceptable letter of credit is received. Production or procurement slots are allocated from that date.

Goods are supplied to the specification recorded in the proforma invoice. Where a pre-production or counter sample is approved by you in writing, that sample governs the shipment.

Commercially normal tolerances apply and are not grounds for rejection: shade and calibre variation between tile production batches, ±5% on packed quantity and net weight for bulk commodities, industry-standard moisture and admixture limits for spices, ±3% on machinery capacity ratings, and typical variation in viscosity and additive values within the published data-sheet range.

Prices are quoted in USD or EUR on the Incoterms® 2020 basis stated in the offer (ordinarily FOB, CFR or CIF an Indian port of loading). Unless stated otherwise, prices exclude destination duties, VAT/GST at import, demurrage, detention, port storage, destination inspection charges and bank charges outside India, all of which are for your account.

Accepted payment routes are telegraphic transfer, irrevocable letter of credit at sight or usance, and documents against payment through banks acceptable to us. Standard commercial terms are 30% advance with the balance against a copy of the bill of lading, unless the sales contract specifies otherwise.

Bank charges levied by our bankers in India are for our account; all other bank, correspondent and amendment charges are for yours. Late payment carries interest at 1.5% per month or the maximum permitted by law, whichever is lower.

Lead times run from the confirmed order date defined in clause 2 and are estimates given in good faith. Vessel schedules, blank sailings, equipment shortages and port congestion are outside our control.

Unless expressly prohibited in your letter of credit, partial shipment and transhipment are permitted. Risk and title pass in accordance with the agreed Incoterms® 2020 rule; where we sell FOB, we do not accept liability for events after the goods pass the ship's rail.

We arrange pre-shipment inspection under our ISO 9001:2015 procedures and, on request, third-party inspection (SGS, Bureau Veritas, Intertek, TÜV) or destination-market conformity assessment such as SONCAP, PVoC, SASO or COC at your cost.

Quality claims must be notified in writing within 15 days of arrival at the discharge port, supported by photographs, packing marks, container and seal numbers and, where relevant, an independent surveyor's report. Claims raised after the goods have been unpacked, mixed, installed, resold or altered cannot be verified and are not admissible.

Our liability for an admitted claim is limited, at our option, to replacement of the affected goods on the next shipment or a credit not exceeding the invoice value of those goods. Goods correctly supplied to an approved specification are not returnable.

To the extent permitted by law, we are not liable for indirect or consequential loss, including loss of profit, loss of contract, production downtime, demurrage or reputational loss. Our aggregate liability arising out of any shipment does not exceed the invoice value of that shipment.

Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud.

Neither party is in breach for delay or failure caused by events beyond reasonable control, including acts of God, flood, fire, epidemic, war, civil unrest, terrorism, sanctions, strikes, port or customs closure, container or vessel unavailability, power or fuel shortage, or governmental restriction on export or import. Affected obligations are suspended for the duration of the event; if it continues beyond 90 days either party may cancel the unshipped balance without further liability.

You confirm that you are authorised to import the goods into the destination country, that you hold any licence, registration or product approval required there, and that the goods will not be re-exported in breach of applicable export-control or sanctions rules. Documentation is prepared to match the declared consignee and destination; we do not issue documents that misstate origin, value, description or destination.

Where you instruct us to apply your brand, artwork, label or packaging, you warrant that you own or are licensed to use those rights and you indemnify us against third-party claims arising from their use. Manufacturer brands, marks and data sheets remain the property of their owners; our own marks and website content remain ours.

Personal data you share with the export desk is handled under our privacy and data-protection notice, which reflects India's Digital Personal Data Protection Act, 2023 and, where relevant, the GDPR.

These terms are governed by the laws of India. The parties will first attempt to settle any dispute amicably at director level. Failing that, the dispute is referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Rajkot, Gujarat, conducted in English, with the courts at Rajkot having supervisory jurisdiction.

The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded unless the sales contract adopts it expressly.