TERMS & CONDITIONS

Last Updated: 2025
Avernac Enterprises Private Limited
Maharashtra, India

1. Introduction & Acceptance of Terms

Welcome to the official website of Avernac Enterprises Private Limited (“Company”, “We”, “Us”, “Our”). These Terms & Conditions (“Terms”) govern your access to and use of our website, catalogues, communication channels, quotations, and any services offered by us.

By using our website, submitting inquiries, requesting quotations, or entering any business discussion with Avernac, you acknowledge, understand, and agree to be bound by these Terms.

If you do not agree, please discontinue using our website or services immediately.

2. Nature of Our Business

Avernac Enterprises Private Limited is a registered Indian private limited company engaged in global exports of:

Food products

Agricultural and processed food items

FMCG & Cleaning chemicals (Upcoming)

Textiles & apparel (Expanding)

Handicrafts & furniture (Expanding)

Machinery & industrial goods (Upcoming)

All sales, shipments, and communications are conducted strictly under B2B (Business-to-Business) international trade practices.

3. Eligibility to Use Our Website

By using this website, you confirm that:

You are above 18 years of age

You are representing a legitimate business or organization

You possess authority to enter into commercial agreements

You will not misuse the website for fraudulent or illegal activities

4. Website Use & Restrictions

You agree NOT to:

Copy, scrape, or reproduce website content or product listings

Misrepresent your identity or submit false inquiries

Attempt to hack, disrupt, or interfere with website systems

Upload harmful code, malware, bots, or automated scripts

Use our contact forms for spam or non-business communication

Violation may lead to blocking, legal action, or termination of communication.

5. Product Descriptions & Accuracy

We strive to maintain accurate product information. However:

Natural agricultural variations may occur

Grades and appearance may differ by supplier

Packaging may vary based on order size, destination, or compliance laws

Prices may fluctuate due to market conditions

The final, binding product details will always be mentioned in your official quotation, proforma invoice, or sales agreement.

6. Pricing, Quotations & Validity
6.1 Quotation Validity

All quotations issued by Avernac are:

Valid only for the specified period (usually 7–15 days)

Subject to raw material market changes

Subject to shipping line rate fluctuations

Non-binding until officially accepted in writing

6.2 What Quotations Include

A quotation may include:

Product specification & grade

Packaging type

MOQ (Minimum Order Quantity)

Price per unit

Incoterm (FOB/CIF/EXW)

Estimated delivery timelines

6.3 Price Adjustments

We reserve the right to revise pricing due to:

Commodity market movements

Currency fluctuations

Export restrictions

Raw material cost changes

7. Payment Terms

Payment terms depend on product type, volume, and destination. Common methods include:

Advance Payment (100%)

Partial Advance + Remaining Before Loading

LC (Letter of Credit) – accepted only for large quantities

TT Bank Transfer

7.1 Non-Payment

If payment is delayed or not received:

Shipment may be postponed or canceled

Order may be withheld

Penalties may apply

No goods will be shipped without confirmed payment.

8. Order Confirmation & Cancellation

An order is considered “confirmed” only when:

Buyer accepts quotation in writing

Payment terms are agreed upon

Advance payment is received

Production/packing schedule is finalized

8.1 Cancellation by Buyer

If a buyer cancels after confirmation:

Advance payment may be forfeited

Processing, material, and packaging costs will be charged

Company reserves right to claim damages

8.2 Cancellation by Company

We may cancel orders in case of:

Fraudulent or unverifiable buyer information

Non-payment or breach of terms

Export restrictions imposed by government

Supplier issues affecting product availability

9. Shipping, Logistics & Delivery Terms
9.1 Incoterms Used

We operate under internationally recognized Incoterms:

FOB – Buyer pays freight

CIF – We handle freight & insurance

EXW – Buyer handles entire logistics

9.2 Shipping Delays

We are not responsible for delays caused by:

Port congestion

Customs clearance delays

Natural disasters

Vessel schedule changes

Strikes, political restrictions, or accidents

9.3 Risk Transfer

Risk is transferred to buyer according to the selected Incoterm.
Once goods are delivered to port/shipping carrier as per Incoterm, buyer assumes all responsibility.

9.4 Transit Damage

We are not liable for damage during transit unless explicitly covered under CIF insurance.

10. Quality Control & Compliance

Avernac ensures:

Pre-shipment quality checks

Lab testing if required

Phytosanitary & fumigation treatment

Export-standard packaging

Correct labeling

10.1 Agricultural Variations

Food and agricultural products may vary in:

Color

Size

Moisture

Aroma

Texture

Such natural variations are not grounds for dispute.

11. Documentation Provided

We provide all necessary export documentation, including:

Commercial Invoice

Packing List

Certificate of Origin

Phytosanitary Certificate

Fumigation Certificate

Lab Test Reports

Bill of Lading / AWB

MSDS (if applicable)

Insurance (if CIF)

12. Returns, Complaints & Dispute Policy
12.1 Returns

Due to the nature of international B2B trade, returns are not accepted.

12.2 Complaints

Complaints must be:

Reported within 48 hours of receiving goods

Supported with photos, videos, and documentation

Sent to [email protected]

We will review and resolve concerns professionally.

12.3 Liability Limit

Avernac’s maximum liability is capped at:

The invoice value of the goods supplied — nothing more.

We are not responsible for:

Buyer’s resale issues

Lost profits

Third-party damages

Storage or handling problems

Customs seizures due to buyer-side issues

13. Intellectual Property Rights

All content on this website including:

Text

Images

Product descriptions

Branding

Logos

Layout

is the intellectual property of Avernac Enterprises Private Limited.
Unauthorized use, reproduction, or distribution is strictly prohibited.

14. Privacy & Data Protection (DPDP Act Compliance)

We comply with the Digital Personal Data Protection Act, 2023.

By using our website or contact forms, you consent to:

Collection of business-related personal data

Storage of contact and inquiry information

Communication for quotations, catalogues, and order processing

For detailed privacy practices, refer to our Privacy Policy.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company against all claims, damages, penalties, losses, or costs arising from:

Misuse of website

Submission of false information

Breach of these Terms

Violation of applicable laws

Buyer-side negligence or misuse of goods

16. Force Majeure

We shall not be liable for failure to perform obligations due to:

Natural disasters

War, terrorism, riots

Government restrictions

Strikes

Port shutdowns

Epidemics or pandemics

Transport disruptions

Any such event extends timelines without penalty.

17. Termination of Services

We reserve the right to refuse or terminate service if:

Fraudulent activity is detected

Communication is abusive or unprofessional

Buyer violates terms

Buyer fails to pay

18. Governing Law & Jurisdiction

These Terms are governed by the laws of India, and disputes shall be resolved exclusively under:

Courts of Maharashtra, India.