By using the e-Metal Bazar platform to buy or sell industrial metal, you agree to these Conditions of Sale. In case of any difference between these Conditions and any separate written agreement with us, the written agreement will apply.
All sales and purchases made through e-Metal Bazar are subject to these Conditions of Sale. No changes will apply unless confirmed in writing by e-Metal Bazar.
Any future transactions between the same Buyer and Seller via the platform will also be covered under these Conditions of Sale, unless otherwise agreed in writing.
a. The e-Metal Bazar reserves the right to vary the price of the goods without notice to the Buyer at any time before despatch.
b. The Buyer shall pay for the goods payment before dispatch of the material.
Dates of a period for delivery stated in the Agreement are approximate only and not of the essence of the contract.
a. If delivery of all or some of the goods is hindered prevented or delayed by force majeure the Company shall not be liable for any loss or damage caused thereby and shall have the option to cancel wholly or in part or to suspend or delay the delivery or deliveries without incurring any liability to the Buyer.
b. By force majeure is meant all events or circumstances beyond the control of the e-Metal Bazar which by their nature could not reasonably have been foreseen by the Company or if they could have reasonably been foreseen are unavoidable and which prevent or hinder the total or partial performance of any obligation under this contract.
a. The property in the goods shall not pass to the Buyer until the final payment of the contract price, unless otherwise expressly agreed between the Company and the Buyer.
b. The risk in the goods (if ascertained) shall pass to the Buyer on the date hereof. If the goods are unascertained the risk shall pass on appropriation.
c. If so required by the Buyer the Company shall at the expense of the Buyer, ensure the goods in transit on such reasonable terms as the buyer may request.
a. All claims for damage to or deterioration of goods in transit shall be made in writing to the e-Metal Bazar and the carrier engaged by e-Metal Bazar within two (2) days after the buyers' receipt of the goods and the Company shall be given an adequate opportunity to inspect the goods in question. And all delivery notes must have been signed for whatever claim is being made.
b. All claims for non-delivery of any consignment shall be made in writing to the Company and any carrier engaged by the Company within seven (7) days after the date of the Company's invoice.
c. All claims for short delivery measured by weight or by calculation shall be made in writing to the Company and any carrier engaged by the Company within seven (7) days after the Buyer's receipt of the consignment in question or seven (7) days after the date of the Company's invoice whichever is the earlier and the Company shall be given an adequate opportunity to reweigh or recalculate the goods as the case may be.
d. The Company reserves the right to deliver and charge for goods calculated on usual mill tolerances based on the dimensions.
e. In the absence of a timely claim or supporting evidence, the goods will be considered delivered in good condition and accepted by the Buyer.
e-Metal Bazar acts as a marketplace platform connecting buyers and sellers. While we verify listed products to the best of our ability, we are not liable for product quality beyond what is stated in the seller’s listing. Our liability is limited to the transaction value processed through the platform.
b. Save as is hereinbefore provided any express or implied condition statement or warranty (whether arising by statute or otherwise) in respect of the goods or as to their description merchantability or fitness for any purpose or otherwise is excluded.
c. The company shall not be liable for any loss or damage of any description howsoever arising whether caused by the negligence of the Company its servants or agents or otherwise and whether arising directly or indirectly out of it in connection with the goods of their use or any failure or delay in the delivery or the goods save as is herein before expressly provided.
In the event that any contract involves the application by the Company of any process or otherwise to goods belonging to the Buyer, the Buyer shall effect adequate insurance on such goods to cover loss or damage to the goods howsoever caused whilst in the custody of the Company and the provisions of Clause 10 hereof shall apply thereto.
The company shall not be obliged to provide test certificates unless the buyer requests such certificates at a reasonable time in advance of delivery and the Company shall be entitled to charge a reasonable fee.
The Buyer shall have no right under any circumstances to cancel the Agreement or any instalment or order thereunder without prior written consent of the Company which consent shall be conditional upon payment of such compensation as the Company shall reasonably require.
Buyers may not deduct or withhold payment owed to sellers or to e-Metal Bazar against unrelated claims, disputes, or future expectations.
e-Metal Bazar reserves the right to suspend or terminate access to the platform if a Buyer or Seller fails to pay, breaches these Conditions, engages in fraud, or misuses the platform. Any pending obligations at the time of termination will remain enforceable.
b. In addition to any right of lien which the Company may have the Company shall in any of the events described in paragraph (a) (iii) above have a general lien over all goods of the Buyer then in the possession of the Company for the unpaid price of any goods sold and delivered by the Company to the Buyer under the Agreement or any other contract.
Failure by the Company to deliver any instalment under the Agreement shall not entitle the Buyer to cancel or suspend the Agreement or any other instalments.
Any decision by e-Metal Bazar not to enforce part of these Conditions does not mean we waive our rights to enforce them in the future.
The Agreement or any part thereof, shall not be assigned by the Buyer without the prior written consent of the Company.
The construction validity and performance of the Agreement shall be governed by the India internal law Subject to pune jurisdiction.
a. This contract is governed by India Law Subject to pune jurisdiction.
Any disputes between Buyers and Sellers should first be raised through our customer support team. If not resolved, disputes will be subject to Indian law under Pune jurisdiction and may be referred to arbitration for final settlement.
c. In this clause dispute does not include a claim for the price of the goods sold by the Company to the Buyer.
The risk in the goods shall pass from the seller to the Buyer upon delivery of such goods to the Buyer, however, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the seller and the Buyer for which payment of the full price of goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the Buyer under which the goods were delivered.
For any questions regarding these terms and conditions, please reach out to our support team.
Email: sales@buymetalonline.co.uk
Support: support@emetalbazar.com