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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