Terms & Conditions

1. Definitions and Interpretation

1.1 In these Terms and Conditions:

• "Seller" or "We" or "Company" means Agochar Tech LLP, operating the RefractorySource brand, a merchant exporter of refractory products from 415 Decora Square, Sadhu Vasvani Road, Rajkot - 360005, Gujarat, India.
• "RefractorySource" is the brand name under which Agochar Tech LLP conducts its refractory products export business.
• "Buyer" or "Customer" or "You" means the business entity or company placing an order for refractory products.
• "Products" means refractory bricks, castables, mortars, and related materials offered for sale.
• "Order" means the Buyer's confirmed purchase request accepted by the Seller.
• "Quotation" means the Seller's formal price offer to the Buyer.
• "MOQ" means Minimum Order Quantity as specified in the quotation.

2. Application and Acceptance

2.1 These Terms and Conditions apply to all quotations, orders, sales, and supply of Products by RefractorySource to business customers.

2.2 By submitting a quote request, placing an order, or accepting delivery of Products, the Buyer agrees to be bound by these Terms.

2.3 Any terms proposed by the Buyer are expressly rejected unless agreed in writing by RefractorySource.

2.4 These Terms supersede any prior agreements, quotations, or communications unless specifically agreed otherwise in writing.

3. Quotations and Orders

3.1 Quotations:

• All quotations are valid for 30 days from the date of issue unless stated otherwise.
• Quotations are not binding until confirmed by the Seller in writing.
• Prices are subject to change without notice after quotation expiry.
• Quotation response time: 24-48 business hours from inquiry receipt.

3.2 Orders:

• All orders are subject to acceptance by RefractorySource in writing.
• We reserve the right to reject any order without providing reasons.
• Minimum Order Quantity (MOQ): 1 container (20-25 MT) for shaped bricks; 10-15 MT for castables.
• Custom products require minimum order of 50 MT with advance technical approval.
• Orders cannot be cancelled or modified after production commencement without written consent.

4. Pricing and Payment Terms

4.1 Pricing:

• All prices are quoted in USD/EUR/INR as specified in the quotation.
• Prices are quoted FOB (Free on Board), CIF (Cost, Insurance & Freight), or CFR (Cost and Freight) as specified.
• Prices exclude duties, taxes, customs charges payable in the destination country (Buyer's responsibility).
• We reserve the right to adjust prices for currency fluctuations exceeding 5% between order and shipment.

4.2 Payment Terms:

• New Customers: 30-50% advance payment; balance against copy of shipping documents or before shipment.
• Established Customers: 30-90 days credit terms subject to credit approval.
• Letter of Credit (LC): Irrevocable LC at sight or 30/60/90 days from established banks.
• Payment Methods: Telegraphic Transfer (TT/Wire), PayPal (samples only), Western Union (samples only).
• All banking charges borne by the Buyer unless specified otherwise.
• Late payments subject to interest @ 2% per month or as per applicable law.

5. Product Specifications and Standards

5.1 All Products conform to stated specifications and comply with ASTM C27/C401/C133, BIS (Bureau of Indian Standards), JIS R2001/R2002, or EN 993 series as applicable.

5.2 Product specifications are based on nominal values with industry-standard tolerances (±5% for chemical composition, ±3% for physical properties).

5.3 We reserve the right to modify product specifications without notice, provided modified products meet or exceed original specifications.

5.4 Custom product specifications require written approval and are subject to minimum order quantities.

5.5 Technical Data Sheets (TDS) and Material Safety Data Sheets (MSDS) provided with each shipment.

6. Quality Assurance and Testing

6.1 Quality Standards:

• All Products are ISO 9001:2015 certified and manufactured to international quality standards.
• Each shipment includes Mill Test Certificates (MTC) with chemical analysis (XRF), physical properties (cold crushing strength, bulk density, porosity).
• Quality testing performed per ASTM/BIS/JIS/EN standards as applicable.

6.2 Third-Party Inspection:

• Available upon request: SGS, Bureau Veritas, Intertek.
• Inspection costs: $500-1500 per inspection (Buyer's expense unless agreed otherwise).
• Inspection must be arranged minimum 7 days before scheduled shipment.

7. Delivery and Lead Time

7.1 Lead Time:

• Standard products: 4-6 weeks from order confirmation and advance payment receipt.
• Custom products: 6-10 weeks depending on specifications and quantity.
• Breakdown: Production (2-3 weeks), Testing & Certification (1 week), Packing & Loading (1 week).

7.2 Delivery:

• FOB terms: Delivery complete when Products loaded on vessel at Indian port (Mundra/Nhava Sheva/Chennai).
• CIF/CFR terms: We arrange sea freight; Buyer responsible for customs clearance at destination.
• Delivery dates are estimates, not guaranteed. We are not liable for delays beyond our reasonable control.
• Force majeure events (natural disasters, strikes, government restrictions) extend delivery time without liability.

8. Inspection and Claims

8.1 Inspection on Receipt:

• Buyer must inspect Products within 7 days of delivery and report any visible damage or discrepancies.
• Failure to notify within 7 days constitutes acceptance of Products as conforming to specifications.

8.2 Claims Procedure:

• All claims must be submitted in writing within 30 days of delivery with supporting evidence (photos, test reports, quantity certificates).
• Claims for quality defects require independent third-party testing (SGS/BV/Intertek) at Buyer's expense.
• No claims accepted after Products have been installed, used, or modified.
• Claims investigation: 15-30 business days from receipt of complete claim documentation.

9. Warranty and Liability

9.1 Product Warranty:

• We warrant that Products conform to published specifications at time of shipment.
• Warranty period: 6 months from shipment date or 3 months from installation, whichever occurs first.
• Warranty remedy: Replacement of defective Products or refund of purchase price (Seller's option).

9.2 Warranty Exclusions - Warranty does NOT cover:

• Improper storage, handling, installation, or application.
• Operating conditions outside published specifications (temperature, atmosphere, mechanical stress).
• Normal wear and tear or deterioration from proper use.
• Products modified, repaired, or altered by Buyer or third parties.
• Damage from accidents, misuse, negligence, or force majeure.
• Incompatibility with other materials not supplied by RefractorySource.

9.3 Limitation of Liability:

• Our maximum liability is limited to replacement of defective Products or refund of purchase price paid for defective Products.
• We are NOT liable for: consequential damages, loss of profits, production delays, business interruption, loss of use, or any indirect or special damages.
• Total liability in any case shall not exceed the invoice value of the specific Products giving rise to the claim.

10. Technical Support and Installation

10.1 We provide technical consultation for product selection based on application requirements (temperature, chemical environment, mechanical stress).

10.2 Installation guidelines provided per ASTM C1019 and industry best practices.

10.3 On-site technical visits available for orders exceeding 100 MT (costs separately negotiated).

10.4 Technical support does not constitute warranty for installation or application suitability. Buyer responsible for proper installation.

11. Intellectual Property

11.1 All website content, product designs, technical data, logos, and trademarks are property of RefractorySource and protected by Indian and international copyright laws.

11.2 Buyer may not reproduce, modify, distribute, or create derivative works without written permission.

11.3 Technical data and drawings provided for Buyer's internal use only; not to be shared with third parties without written consent.

12. Confidentiality

12.1 Both parties agree to maintain confidentiality of commercial terms, pricing, technical specifications, and business information.

12.2 Confidentiality obligation continues for 3 years after termination of business relationship.

13. Force Majeure

13.1 Neither party liable for failure to perform obligations due to force majeure events including: natural disasters, war, terrorism, strikes, government actions, pandemics, material shortages, transportation disruptions.

13.2 Affected party must notify the other within 7 days with expected duration.

13.3 If force majeure continues beyond 90 days, either party may terminate the Order without liability.

14. Export Compliance

14.1 Buyer responsible for compliance with all applicable import laws, regulations, and licensing requirements in destination country.

14.2 Buyer responsible for obtaining necessary import permits, licenses, and regulatory approvals.

14.3 Products shall not be exported to embargoed countries or sanctioned entities.

15. Governing Law and Dispute Resolution

15.1 These Terms are governed by the laws of India.

15.2 Disputes shall first be resolved through good faith negotiations between parties (30-day period).

15.3 If negotiations fail, disputes shall be resolved by arbitration in Rajkot, Gujarat, India under the Indian Arbitration and Conciliation Act, 1996.

15.4 Arbitration shall be conducted in English language by a sole arbitrator mutually appointed by both parties.

15.5 Arbitration award shall be final and binding on both parties.

16. Amendments and Modifications

16.1 RefractorySource reserves the right to modify these Terms at any time by posting updated version on website.

16.2 Modifications effective immediately upon posting; continued use constitutes acceptance.

16.3 Material changes will be communicated to existing customers via email.

17. Severability

17.1 If any provision is found invalid or unenforceable, remaining provisions remain in full force and effect.

18. Contact Information

For questions about these Terms and Conditions: