International B2B Terms of Trade & Sales Contract Conditions
These Terms of Trade govern all commercial export quotations, proforma invoices, sales confirmations, and container shipments executed by Apito Products to international buyers, food processors, and wholesale importers.
Scope of Application & Contract Execution
1.1. Every proforma invoice, sales contract, and purchase confirmation issued by Apito Products constitutes a binding commercial agreement incorporating these Terms of Trade in full, unless expressly superseded in writing signed by an authorized director of the company.
1.2. Quotations provided on this platform, via email, or WhatsApp are commercial indications valid for 3 business days from issuance due to agricultural market volatility (APMC mandi auction variations, ocean freight bunker surcharges, and currency exchange fluctuations).
Incoterms® 2020 Delivery Rules & Risk Transfer
All export trade terms are interpreted strictly in accordance with the International Chamber of Commerce (ICC) Incoterms® 2020:
Seller bears all transport costs, port terminal handling charges (THC), export customs clearance, and phytosanitary fees until the cargo is loaded past the ship's rail at the Indian origin port. Buyer is responsible for nominating the vessel, ocean freight booking, marine cargo insurance, and discharge port costs.
Seller pays for inland transport, export customs, and ocean freight to the named port of discharge. Risk of loss or damage transfers to the Buyer once containerized goods are safely loaded on board the vessel at origin.
Seller arranges and prepays ocean freight plus Marine Cargo Insurance (covering Institute Cargo Clauses (A) or (C) for 110% of invoice CIF value). Seller delivers original negotiable Bill of Lading, Policy Certificate, and commercial export set to Buyer's bank.
Commercial Payment Instruments & Banking Security
To protect bilateral trade integrity, Apito Products accepts standard international payment modalities:
- 100% Irrevocable Letter of Credit (L/C) at Sight: Issued or confirmed by an international prime bank, allowing third-party pre-shipment inspection and partial shipments if agreed.
- 30% Advance T/T + 70% Balance against Non-Negotiable B/L Scan: 30% wire transfer upon order confirmation for procurement and Sortex processing; remaining 70% payable within 5 banking days against email scan of on-board Bill of Lading, Phyto, and Certificate of Origin.
- Documents Against Payment (D/P at Sight - CAD): Available for established corporate buyers with audited credit rating and active trade volume history.
Pre-Shipment Inspection, Quality & Weight Verification
4.1. Quality, purity grade, moisture content, and weight at the time of loading in India are final as certified by our internal NABL accredited ISO/IEC 17025 laboratory Certificate of Analysis (COA).
4.2. Buyer reserves the right to nominate an internationally recognized independent inspection agency (e.g. SGS, Eurofins, Bureau Veritas, Intertek, or Cotecna) to perform pre-shipment sampling, container stuffing supervision, and seal verification at the processing plant or origin port. Inspection costs are for Buyer's account unless explicitly agreed otherwise.
Demurrage, Detention & Port Clearance Responsibilities
5.1. Seller guarantees minimum 14 to 21 standard free days at destination port for container detention/demurrage where arranged under CIF/CFR carrier contracts.
5.2. Buyer is solely responsible for prompt customs clearance, duty payments, import permit presentation, and terminal container turnaround within the stipulated free-time window. Any demurrage, port storage, or liner detention charges incurred due to delayed documentation submission by Buyer will be at Buyer's sole expense.
Quality Claims, Arbitration & Dispute Resolution
6.1. Any claim regarding discrepancy in weight or outer packaging condition must be lodged within 14 calendar days of container discharge at the destination port, supported by an official joint survey report from a first-class surveyor (SGS / Lloyd's agent).
6.2. In the event of an unresolvable commercial dispute, the matter shall be referred to binding international arbitration under the rules of the Indian Council of Arbitration (ICA) or the Spices Board of India Arbitration Tribunal, or standard GAFTA / FOSFA trade arbitration rules. The seat of arbitration shall be Ahmedabad / Mumbai, India, conducted in the English language.
Force Majeure & Maritime Exclusions
Neither party shall be held liable for failure or delay in performance caused by circumstances beyond reasonable control, including but not limited to: acts of God, extreme monsoons, agricultural crop failure declared by government authorities, port blockades, war, embargoes, pandemic quarantines, canal closures (e.g. Suez Canal disruptions), or maritime carrier vessel cancellations.
Statutory Export Authority Accreditations
All consignments are processed and certified under authorized government boards:
Standard Export Documents Pack
Every container shipment includes the following complete original documentation set:
- • 3/3 Clean on Board Ocean Bill of Lading
- • Commercial Invoice with HSN breakdown
- • Packing List with Net & Gross weight
- • Government Phytosanitary Certificate
- • Certificate of Origin (Chamber / GSP)
- • Independent NABL Laboratory COA
- • Fumigation & Methyl Bromide Certificate
Questions Regarding Terms?
Our export legal & finance desk is available to review customized proforma draft agreements for high-volume container tenders.
Contact Export Legal Desk