Bulk Flex Private Limited

Terms and Conditions of Sale

Bulk Flex Pvt. Ltd. (“Bulk Flex”, “Seller”)

These Terms and Conditions (“Terms”) govern all quotations, proforma invoices, purchase orders, order confirmations, contracts, and shipments issued by Bulk Flex Pvt. Ltd.

Placement of a purchase order, acceptance of a proforma invoice, issuance of payment (full or partial), confirmation by email, or receipt of goods constitutes unconditional and binding acceptance of these Terms.

1. Role of Bulk Flex

Bulk Flex operates as a merchant exporter and structured sourcing partner.

Products are manufactured by independent third-party production facilities unless expressly stated otherwise in a written agreement signed by an authorized representative of Bulk Flex.

Bulk Flex coordinates production alignment, quality documentation, and shipment execution but does not own or operate manufacturing plants unless specifically declared in writing.

2. Order Confirmation & Non-Cancellation

Once an order is confirmed in writing and/or advance payment is received:

  • The order becomes firm and binding.

  • Production planning and raw material procurement begin.

  • Confirmed orders are not subject to cancellation.

  • Advance payments are non-refundable.

  • Agreed pricing is firm and not subject to renegotiation.

3. Order Modifications

Requests for changes after order confirmation are subject to production status and manufacturer feasibility.

Bulk Flex reserves the right to accept or reject modification requests.

Any additional cost resulting from approved changes shall be borne by the Buyer.

4. Lead Times & Production Schedules

All delivery timelines are provided as good-faith estimates.

Production schedules may be affected by:

  • Raw material availability

  • Manufacturing capacity

  • Equipment breakdown

  • Labor conditions

  • Regulatory inspections

  • Utility disruptions

  • Logistics or freight conditions

Such delays shall not constitute breach of contract or grounds for cancellation or damages.

Bulk Flex shall not be liable for insolvency, shutdown, or operational failure of independent manufacturing facilities.

5. Force Majeure

Bulk Flex shall not be liable for delay, loss, or non-performance arising from events beyond its reasonable control, including but not limited to natural disasters, floods, fires, government actions, trade restrictions, sanctions, labor disruptions, plant breakdowns, port congestion, vessel accidents, container loss at sea, transportation interruption, civil unrest, riots, or similar circumstances.

Where risk has transferred to the Buyer in accordance with the agreed ICC Incoterms® rules, any loss, damage, destruction, or delay occurring during transit — including but not limited to container loss at sea or vessel-related incidents — shall remain the responsibility of the Buyer.

Buyer’s payment obligations are independent of transit events and insurance recovery. Payment shall not be suspended, delayed, reduced, set off, or withheld due to transit loss, shipping delays, force majeure events, or pending insurance claims.

Any insurance claim shall be pursued directly by the Buyer with its insurer without affecting contractual payment obligations to Bulk Flex.

For goods already produced or raw materials already procured for confirmed orders, payment obligations shall remain fully enforceable notwithstanding force majeure events.

6. Buyer Dispatch Readiness & Storage

If goods are ready and Buyer delays shipment instructions or collection:

  • Storage and handling charges may apply. The goods on Exw terms in 7 days from date of completion of production.

  • Risk shall transfer in accordance with agreed Incoterms.

  • Bulk Flex may invoice goods once production is completed.

  • All warehousing, demurrage, detention, and related costs shall be borne by Buyer.

7. Regulatory, Certification & Compliance Responsibility

Buyer is solely responsible for communicating in writing in advance prior to order confirmation, all regulatory, certification, labeling, testing, and import compliance requirements applicable in the destination market.

Bulk Flex will align sourcing based on written specifications provided and approved by Buyer.

Failure to provide complete written requirements releases Bulk Flex from liability.

8. Duties, Taxes & Trade Measures

All import duties or reciprocatory duties, tariff’s , anti-dumping duties, safeguard duties, customs charges, taxes, levies, penalties, and regulatory costs in the importing country are the sole responsibility of the Buyer.

9. Insurance & Risk Transfer

Unless otherwise expressly agreed in writing, insurance shall be arranged solely by the Buyer.

Where goods are supplied on Ex Works (EXW) terms, the Buyer assumes full responsibility for insurance coverage and all risks from the moment the goods are made available at the manufacturing facility. This includes situations where the Buyer’s nominated freight forwarder, agent, or representative handles transportation from the manufacturer to port and onward to destination.

Risk transfers strictly in accordance with the latest applicable ICC Incoterms® rules as agreed in the transaction.

In the absence of a written Incoterm agreement, risk shall transfer to the Buyer upon dispatch or collection from the manufacturing facility.

Bulk Flex shall not be liable for transit damage, loss during transportation, freight-related loss, delay in shipping, or any handling performed by the Buyer’s appointed carrier, forwarder, or agent.

10. Product Quality & Exclusive Remedy

10.1 Replacement as Exclusive Remedy

If goods are verified to contain a manufacturing defect in accordance with the documented claim procedure, Bulk Flex’s obligation shall be limited strictly to replacement of the defective quantity.

Replacement constitutes the exclusive remedy available to Buyer.

No monetary compensation, refund beyond defective goods, or price reduction shall apply.

10.2 Cost Allocation for Replacement

Replacement goods shall be supplied at origin.

All freight, insurance, duties, taxes, port handling, inland transport, and related costs associated with replacement shall be borne by the Buyer.

Any variation in cost arising from currency exchange fluctuation, freight rate changes, market adjustments, or production cost differences between original shipment and replacement shall be the responsibility of the Buyer.

10.3 Limitation of Liability

Bulk Flex’s total aggregate liability in connection with any transaction shall not exceed the invoice value of the defective goods only.

Bulk Flex, its directors, employees, agents, and affiliates shall not be liable for:

  • Consequential or indirect losses

  • Loss of profit

  • Business interruption

  • Third-party claims

  • Regulatory penalties

  • Legal costs

  • Repacking, recall, or relabeling expenses

  • Special, incidental, or punitive damages

    Environmental damage.

10.4 Application & Integration Disclaimer

Products supplied are industrial and commercial packaging materials.

Performance may vary depending on storage conditions, temperature variation, filling equipment, handling practices, and end-use application.

Bulk Flex shall not be liable for performance variations arising from such external factors 

10.5 Container & Shipping Preferences

Any Buyer preference for specific container type, carrier, shipping line, vessel, routing, port, or loading schedule must be communicated in writing at the time of order finalization.

All such preferences are subject to market availability, carrier capacity, and operational feasibility at the time of shipment.

Availability of specific containers, vessels, or freight space is not guaranteed.

Any additional cost arising from Buyer-requested shipping preferences, equipment upgrades, premium bookings, freight market fluctuations, container shortages, or carrier surcharges shall be borne by the Buyer.

Bulk Flex shall not be liable for delays resulting from shipping line schedule changes, container shortages, port congestion, or carrier-related disruptions.

11. Claims Procedure

Buyer must inspect goods immediately upon receipt.

Any claim must be submitted in writing within fifteen (15) days of receipt and must include:

  • Detailed written description

  • Clear photographic evidence

  • Continuous, unedited video evidence

  • Batch traceability information

  • Inspection documentation if requested

Failure to comply with these requirements may render the claim ineligible for review.

Claims submitted after the 15-day period shall be deemed waived.

12. Payment Terms

Payments shall be made strictly in accordance with agreed payment terms.

Delayed payments shall attract interest at 6% per month calculated from due date until full settlement.

Buyer shall not withhold or deduct payment due to pending claims unless defect is formally verified in writing by Bulk Flex.

13. Retention of Title

Legal title to the goods shall remain with Bulk Flex Pvt. Ltd. until full and cleared payment of all amounts due under the relevant transaction has been received.

Transfer of risk in the goods shall occur strictly in accordance with the agreed ICC Incoterms® rules and shall be independent of the transfer of legal title.

Accordingly:

  • Risk of loss or damage may transfer to the Buyer prior to transfer of ownership.

  • Buyer’s payment obligation shall not be affected by transfer of risk, transit events, insurance claims, or force majeure circumstances.

Until full payment is received:

  • Buyer shall hold the goods as fiduciary bailee for Bulk Flex.

  • Buyer shall not pledge, encumber, or create any security interest over the goods.

  • Buyer shall keep the goods properly stored and identifiable as property supplied by Bulk Flex where commercially practicable.

In the event of payment default, Bulk Flex reserves the right, where legally permissible, to reclaim or take possession of unpaid goods without prejudice to any other contractual remedies.

14. Indemnification

Buyer agrees to indemnify, defend, and hold harmless Bulk Flex Pvt. Ltd., its directors, employees, agents, and affiliates from claims, penalties, damages, losses, or legal costs arising from:

  • End-use application

  • Import compliance failures

  • Labeling requirements

  • Regulatory actions

  • Third-party disputes

  • Buyer negligence

    Environmental Damage

This obligation survives delivery and payment.

15. Written Agreements Only

Only written agreements acknowledged ansigned by an authorised representative of Bulk Flex shall be valid .

Agreements on letterhead digitally or physically  signed by authorised representative of bulk flex

Confirmation from official email address ie pranav@bulkflex.com shall be valid.

16. Acceptance of Terms

These Terms are published on Bulk Flex’s website and incorporated by reference into all commercial documents.

Failure to read these Terms does not invalidate them.

Placement of order, payment, or acceptance of goods confirms binding acceptance.

17. Limitation Period

Any legal action must be initiated within six (6) months from the date of shipment.

18. Dispute Resolution

Disputes shall be resolved by arbitration under applicable Indian law.

Seat of arbitration: Vadodara, Gujarat, India.

The arbitration award shall be final and binding.

19. Governing Law

These Terms shall be governed by the laws of India.

Jurisdiction: Vadodara, Gujarat, India.

Quality Standards & Industry Alignment

Production is executed through independent manufacturing facilities operating under documented quality control systems and internationally recognized industry practices applicable to the respective product category.

For general industry reference regarding Flexible Intermediate Bulk Containers (FIBCs), technical best practice information is publicly available through recognized industry associations such as the Flexible Intermediate Bulk Container Association (FIBCA) at www.fibca.com.

Bulk Flex Pvt. Ltd. does not represent membership or certification by any specific association unless expressly stated in writing.

Bulk Flex Pvt. Ltd.

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