Skip to Content

Terms and Conditions of Sale

These terms govern the sale of goods by BP Consulting, a proprietorship carrying on business under the brand Levora Harvest, GSTIN 03AMOPB3554A1ZO, at Plot No. 61, JLPL Industrial Area, Sector 82, Mohali, S.A.S. Nagar, Punjab – 140306, India (“we”, “us”), to the buyer named on the accompanying quotation, proforma invoice or tax invoice (“you”).

1. What these terms apply to

They apply to every quotation we issue and every order we accept, unless we have signed a separate written contract with you, in which case that contract prevails over anything below that conflicts with it. Terms printed on your own purchase order do not apply unless we have accepted them in writing.

2. Quotations and orders

  1. A quotation is an invitation to order, not a binding offer. It is valid until the expiry date shown on it.
  2. Commodity prices move. A quotation that has expired, or an order placed against a superseded version of a quotation, is subject to re-confirmation by us before it binds either side.
  3. An order becomes binding when we issue an Order Confirmation or a Proforma Invoice against it, or when we receive the advance payment described in clause 4, whichever happens first.
  4. Each document we issue you — quotation, proforma invoice, order confirmation, tax invoice and payment receipt — is retained by us in the form in which it was sent, and can be reproduced on request.

3. Prices, taxes and duties

  1. Prices are those stated on the quotation or proforma invoice, in the currency stated there, and exclude taxes unless the document says otherwise.
  2. Domestic supplies within India carry GST at the rate applicable to the goods on the date of supply. That rate is shown on the tax invoice.
  3. Supplies for export, and supplies to a unit or developer in a Special Economic Zone for authorised operations, are zero-rated supplies under Indian GST law. Where we hold a valid Letter of Undertaking at the date of supply, the supply is made without payment of Integrated Tax. Where we do not, the supply is made on payment of Integrated Tax and the invoice shows that tax. The invoice states which route applies, and carries the endorsement prescribed by the CGST Rules.
  4. Duties, port charges, inspection fees and taxes levied outside India are yours.

4. Payment

  1. Payment terms are those stated on the quotation, proforma invoice or tax invoice. Where the document states none, our standard terms apply: 10% in advance against a confirmed purchase order or proforma invoice, and the balance of 90% against loading documents.
  2. We are not obliged to begin procurement, processing or booking of freight until the advance has cleared into our account.
  3. Bank charges levied by your bank, and any intermediary bank charges, are yours. Amounts must reach us in full and in the invoiced currency.
  4. Because the balance falls due against documents rather than against arrival, payment is not withheld pending inspection at destination. Your remedy for goods that do not conform is the claims procedure in clause 7, and making payment does not waive it.
  5. Payment is not conditional on your onward sale of the goods. You may not set off any claim against sums due to us until that claim has been agreed by us in writing or determined under clause 11.

5. Delivery, risk and title

  1. Delivery is on the delivery term stated on the quotation or proforma invoice. Where that term is a published Incoterm, it is to be read as defined in Incoterms® 2020, and it decides which of us bears carriage, insurance, export and import formalities, and the point at which risk passes to you.
  2. Shipment dates are our good-faith estimate. We are not liable for delays caused by vessel schedules, port congestion, container availability, inspection or the issue of statutory certificates.
  3. Risk passes to you at the point fixed by the delivery term. Title passes on the later of that point and our receipt of payment in full; until then we retain title to the goods so far as the law applicable where they are situated allows. Retention of title does not delay the passing of risk.
  4. Where we hold the goods on your behalf after readiness, storage and insurance from that date are yours.

6. Quality, quantity and inspection

  1. Goods are supplied to the specification stated on the quotation or proforma invoice. These are natural agricultural products: colour, size, aroma and moisture vary between crops and within a lot, and reasonable variation is not a defect.
  2. Where a specification gives a range or a maximum — for moisture, foreign matter, broken grain or similar — conformity is judged against that range, not against a sample.
  3. Samples are indicative of type and quality only. They are not a warranty that every unit will match the sample exactly.
  4. Where the goods are shipped in bulk rather than in a stated number of packing units, quantity is subject to a tolerance of ±5% on the contracted weight, invoiced at the shipped weight. Where the contract states a number of bags, cartons or other packing units, that number is exact.
  5. Where the contract calls for third-party inspection, the certificate issued at the port of loading is final as to quality and weight at shipment, and its cost falls on the party the contract names.

7. Claims

  1. Shortage, damage or visible non-conformity must be noted on the delivery documents at discharge and notified to us in writing within seven days of discharge.
  2. Quality claims must reach us in writing within fourteen days of discharge, supported by an analysis from an independent surveyor and by photographs, and before the goods are processed, repacked or resold.
  3. Goods may not be returned without our written agreement. Where a claim is upheld, our liability is limited, at our option, to replacing the affected goods or crediting their invoiced value.

8. Compliance and documents

You are responsible for satisfying yourself that the goods may lawfully be imported into, and sold in, the destination country, including any labelling, residue, fumigation and food-safety requirements, and for obtaining any import licence or registration required there. We will provide the export documents listed on the order confirmation. Where you require a document not listed, tell us before shipment; we cannot undertake to obtain certificates after the goods have sailed.

9. Limits on our liability

  1. Our total liability arising out of or in connection with any order, whether in contract, tort or otherwise, is limited to the invoiced value of the goods giving rise to the claim.
  2. We are not liable for loss of profit, loss of market, loss of contract, or any indirect or consequential loss, however caused.
  3. Nothing in these terms limits liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be limited.

10. Events outside our control

We are not in breach if performance is prevented or delayed by something outside our reasonable control, including crop failure, extreme weather, government or regulatory action, export restriction, strike, port closure, or interruption to shipping. If such an event continues for more than sixty days, either of us may cancel the unperformed part of the order, and we will refund any advance received for goods not shipped.

11. Governing law and disputes

These terms are governed by the laws of India. The courts at Mohali, Punjab, India have exclusive jurisdiction, save that we may bring proceedings to recover sums due in any court having jurisdiction over you.

12. Contact

Questions about an order, an invoice or these terms: info@levoraharvest.com · +91 91819 00456 · levoraharvest.com