Terms of Service

1. General Terms

1.1 About This Agreement

These Terms of Service ("Terms") govern your use of IndianSpiceTrader.com (the "Website") and all export services provided by Agochar Tech LLP ("Company", "we", "us", or "our"). By accessing our website or engaging our export services, you ("Customer", "you", or "your") agree to be bound by these Terms.

1.2 Company Information

• Company Name: Agochar Tech LLP
• Trading Name: IndianSpiceTrader.com
• Registered Address: 415 Decora Square, Sadhu Vasvani Road, Rajkot - 360005, Gujarat, India
• Business Type: Merchant Exporter of Spices
• Export License: Valid Indian Export License Holder

1.3 Scope of Business

We are a merchant exporter specializing in premium Indian spices, herbs, and related products. Our services include but are not limited to:

• Export of 64+ varieties of premium Indian spices
• Quality sourcing and certification services
• Private label manufacturing and packaging
• Bulk export orders and container shipments
• Export documentation and compliance support

2. Export Services

2.1 Service Categories

Bulk Export Services:

• Minimum Order Quantity (MOQ): 1,000 kg for most products
• Container loads: 20ft (22-24 MT), 40ft (26 MT)
• Mixed container loads available
• Long-term supply contracts

Private Label Services:

• Minimum Order Quantity: 5,000 units
• Custom packaging and branding
• Lead time: 3-4 weeks from order confirmation
• Design and regulatory compliance support

Retail Export Services:

• Small quantity exports for distributors
• Standard packaging available
• Multiple product categories in single shipment

2.2 Geographic Coverage

We export to 50+ countries across:

• North America (USA, Canada, Mexico)
• Europe (UK, Germany, Netherlands, France, Italy, Spain)
• Middle East (UAE, Saudi Arabia, Qatar, Kuwait, Oman)
• Asia Pacific (Singapore, Malaysia, Australia, Japan, South Korea)
• Africa (South Africa, Nigeria, Kenya)

2.3 Service Limitations

We reserve the right to:

• Refuse service to any customer or destination
• Modify minimum order quantities based on product availability
• Temporarily suspend services to certain regions due to regulatory or logistical constraints
• Require additional documentation for specific destinations

3. Product Quality & Specifications

3.1 Quality Standards

All our products meet or exceed the following quality standards:

• FSSAI (Food Safety and Standards Authority of India): All products are FSSAI certified
• ISO 22000:2018: Food Safety Management System
• HACCP: Hazard Analysis Critical Control Points
• Organic Certification: NPOP, EU Organic, USDA Organic (where applicable)
• International Standards: Products comply with destination country requirements

3.2 Product Specifications

Each product comes with detailed specifications including:

• Physical parameters (size, color, moisture content)
• Chemical analysis (active compounds, nutritional content)
• Microbiological parameters
• Heavy metals and pesticide residue reports
• Aflatoxin and contamination testing

3.3 Certificate of Analysis

Every shipment includes:

• Certificate of Analysis from accredited laboratories
• Certificate of Origin
• Phytosanitary Certificate (where required)
• Quality compliance certificates
• Fumigation certificates (if applicable)

4. Orders & Pricing

4.1 Order Process

1. Inquiry: Submit detailed requirements via our website or email
2. Quotation: We provide detailed quotation within 4-6 hours
3. Samples: Free samples available for evaluation (courier charges may apply)
4. Order Confirmation: Written order confirmation required
5. Proforma Invoice: Detailed proforma invoice issued
6. Production: Order processing begins upon payment confirmation

4.2 Pricing Terms

• Currency: All prices quoted in USD unless otherwise specified
• Validity: Quotations valid for 7 days unless otherwise mentioned
• Price Basis: FOB, CIF, or ex-works as specified
• Volume Discounts: Available for large orders (terms to be negotiated)
• Price Changes: Prices subject to change based on market conditions

4.3 Minimum Order Requirements

• Bulk Orders: 1,000 kg minimum
• Private Label: 5,000 units minimum
• Mixed Orders: Subject to individual product MOQs
• Sample Orders: 250g maximum free samples

4.4 Order Modifications

Order modifications are subject to the following conditions:

• Changes accepted only before production commencement
• Modification requests must be in writing
• Price adjustments may apply for changes
• Delivery schedules may be affected by modifications

5. Payment Terms

5.1 Accepted Payment Methods

• Letter of Credit (LC): Irrevocable LC at sight or usance
• Telegraphic Transfer (T/T): 30% advance, 70% against shipping documents
• Documents against Payment (D/P): For established customers
• Documents against Acceptance (D/A): Subject to credit approval

5.2 Payment Schedule

For New Customers:

• 100% advance payment or confirmed LC
• Credit terms available after establishing business relationship

For Established Customers:

• 30% advance, 70% against shipping documents
• LC terms as mutually agreed
• Credit limits subject to periodic review

5.3 Banking Details

Banking information will be provided in the proforma invoice. All payments must include:

• Beneficiary: Agochar Tech LLP
• Invoice reference number
• Purpose of payment clearly mentioned

5.4 Late Payment

• Interest charges: 2% per month on overdue amounts
• Future shipments may be held until payment is received
• Legal action may be initiated for non-payment

6. Shipping & Delivery

6.1 Shipping Terms

• FOB (Free on Board): Our responsibility ends when goods are loaded on vessel
• CIF (Cost, Insurance, Freight): We arrange shipping and insurance to destination port
• Ex-Works: Customer arranges pickup from our facility

6.2 Delivery Timeline

• Standard Orders: 7-14 days from payment confirmation
• Custom/Private Label: 3-4 weeks from design approval
• Large Orders: 2-3 weeks depending on quantity
• Peak Season: Additional 1-2 weeks during harvest season

6.3 Shipping Documentation

All shipments include:

• Commercial Invoice
• Packing List
• Certificate of Origin
• Quality Analysis Report
• Phytosanitary Certificate (if required)
• Insurance Certificate (for CIF terms)
• Bill of Lading / Airway Bill

6.4 Risk and Title Transfer

• Risk transfers according to agreed Incoterms
• Title transfers upon full payment receipt
• Insurance coverage as per agreed terms

6.5 Delays and Force Majeure

We are not liable for delays caused by:

• Natural disasters or weather conditions
• Government regulations or port restrictions
• Shipping line delays or capacity constraints
• Documentation delays by authorities
• Strikes, lockouts, or labor disputes

7. Returns & Refunds

7.1 Quality Issues

If products do not meet agreed specifications:

• Notify us within 7 days of receipt
• Provide independent laboratory analysis as evidence
• Retain products in original packaging
• We will investigate and provide resolution

7.2 Return Policy

• Returns accepted only for quality non-compliance
• Products must be unopened and in original packaging
• Return shipping costs borne by the responsible party
• Perishable products cannot be returned

7.3 Refund Process

• Refunds processed within 15 business days of approval
• Refund amount may be adjusted for return shipping costs
• Banking charges deducted from refund amount
• Alternative: Replacement products at no additional cost

7.4 Exclusions

No returns or refunds for:

• Change of mind or business requirements
• Products damaged during transportation (unless CIF terms)
• Products past their shelf life due to customer delays
• Products that meet specifications but customer preferences change

8. Intellectual Property

8.1 Our Intellectual Property

• IndianSpiceTrader.com brand and logo are our trademarks
• Website content, product descriptions, and specifications are copyrighted
• Product formulations and processing methods are proprietary
• Unauthorized use of our intellectual property is prohibited

8.2 Customer Intellectual Property

• We respect customer's intellectual property rights
• Customer-provided designs and specifications remain customer property
• We maintain confidentiality of proprietary information
• Non-disclosure agreements available upon request

8.3 Private Label Rights

• Customers retain rights to their brand names and designs
• We do not claim ownership of customer's intellectual property
• Product formulations developed jointly belong to respective parties
• Third-party IP infringement is customer's responsibility

9. Limitation of Liability

9.1 Liability Limitations

Our liability is limited to:

• The value of the specific product or service in question
• Direct damages only (no indirect or consequential damages)
• Replacement of non-conforming products
• Refund of purchase price for defective products

9.2 Exclusions

We are not liable for:

• Loss of profits or business opportunities
• Damages caused by misuse of products
• Third-party claims or actions
• Regulatory changes affecting product approval
• Currency fluctuation losses

9.3 Insurance

• We maintain appropriate business insurance coverage
• Product liability insurance covers manufacturing defects
• Customers advised to maintain their own insurance
• Marine insurance available for CIF shipments

10. International Trade Compliance

10.1 Export Regulations

• We comply with all Indian export regulations
• Valid export licenses and registrations maintained
• FSSAI, APEDA, and other required certifications current
• Anti-dumping and trade restriction compliance

10.2 Import Compliance

Customer responsibilities:

• Ensure compliance with destination country import regulations
• Obtain necessary import licenses and permits
• Pay applicable duties, taxes, and fees
• Provide accurate customs declarations

10.3 Sanctions and Restrictions

• We do not trade with sanctioned countries or entities
• Compliance with UN, US, EU, and other applicable sanctions
• Customer screening conducted for all transactions
• Orders may be cancelled if sanctions apply

10.4 Documentation Support

We provide:

• All required export documentation
• Assistance with import documentation requirements
• Regulatory compliance guidance
• Updates on changing regulations

11. Privacy & Data Protection

11.1 Data Collection

We collect the following information:

• Business contact information
• Order and transaction details
• Website usage data
• Communication records

11.2 Data Use

• Processing orders and providing services
• Communication regarding orders and services
• Improving our products and services
• Compliance with legal requirements

11.3 Data Protection

• Secure storage of customer information
• Limited access on need-to-know basis
• Regular security audits and updates
• Compliance with applicable data protection laws

11.4 Data Sharing

We may share data with:

• Logistics and shipping partners
• Payment processors and banks
• Regulatory authorities when required
• Legal advisors and auditors

12. Dispute Resolution

12.1 Governing Law

• These Terms are governed by Indian law
• Jurisdiction: Courts of Rajkot, Gujarat, India
• UN Convention on Contracts for International Sale of Goods applies
• Incoterms 2020 govern shipping terms

12.2 Dispute Resolution Process

1. Direct Negotiation: Good faith discussions to resolve disputes
2. Mediation: Neutral third-party mediation if negotiation fails
3. Arbitration: Binding arbitration under Indian Arbitration Act
4. Litigation: Court proceedings as last resort

12.3 Arbitration

• Venue: Rajkot, Gujarat, India
• Language: English
• Rules: Indian Council of Arbitration
• Number of arbitrators: Single arbitrator for claims under $50,000, three for larger claims

12.4 Limitation Period

• Quality claims: 6 months from delivery
• Payment disputes: 2 years from due date
• Other claims: 1 year from occurrence
• No claims accepted after limitation period

Amendment and Updates

We reserve the right to update these Terms of Service at any time. Changes will be posted on our website with the effective date. Continued use of our services after changes constitutes acceptance of the updated terms.

For significant changes affecting existing orders, we will provide 30 days' notice via email to registered customers.

Effective Date: These Terms of Service are effective from January 15, 2025.