Commercial Agreement

Terms and Conditions

Effective Date: January 1, 2025 | Standard B2B Industrial Supply Terms

1. Scope of Agreement

These Terms and Conditions govern all commercial transactions, quotations, proforma invoices, prototype developments, and supply contracts executed by TopWay Packaging ("TopWay") across our three operating divisions: CorruWay (corrugated cartons), PlastWay (rigid plastic bottles & jars), and WovenWay (polypropylene woven sacks & non-woven bags). Acceptance of a quotation or issuance of a Purchase Order (PO) constitutes binding agreement to these terms.

2. Quotations & Price Validity

Due to market volatility in primary raw material indexes (virgin kraft paper, HDPE/PP petroleum polymer granules, aluminum foil, and freight fuel surcharges):

  • Standard official quotations remain valid for fifteen (15) calendar days from the date of issuance unless explicitly stated otherwise in writing.
  • All prices are quoted exclusive of applicable Goods and Services Tax (GST), transit insurance, customs duties (for cross-border exports), and loading/unloading levies unless explicitly bundled.
  • Custom tooling, die-cutting plates, embossing dies, and rotogravure/flexo printing cylinders are billed as one-time development charges and remain dedicated exclusively to the purchasing client.

3. Manufacturing Tolerances & Industry Standards

Packaging manufacturing involves high-speed thermoforming, extrusion, corrugation, and automated converting. Products conform to recognized Indian Standards (BIS) and international packaging tolerances:

  • Dimensional Tolerances: ±2 mm for corrugated boxes; ±1.5% for blow-moulded HDPE containers; ±3% for woven sack widths and lengths.
  • Weight & GSM Variations: ±5% on paper GSM ratings and plastic container grammages due to virgin resin batch density shifts.
  • Quantity Tolerance: For custom-printed production runs, delivered quantity may vary by ±5% to ±10% due to setup and conversion yield factors (billed on actual delivered units).

4. Quality Inspection & Claims Protocol

TopWay conducts multi-stage quality testing (including burst factor, Edge Crush Test, drop-impact testing, leak tests, and tensile weave checks) on every production batch. Upon delivery at the designated destination, the consignee must inspect shipments within seven (7) business days. Any transit damages, dimensional non-conformities, or quantity variances must be reported in writing accompanied by batch numbers and photographic documentation.

5. Payment Terms & Ownership Retention

Standard payment terms are as agreed on individual proforma agreements (typically Advance deposit upon PO placement with the balance payable against Proforma Invoice prior to dispatch, or approved 30-day credit for vetted corporate accounts). Goods remain the legal property of TopWay until full commercial settlement has cleared.

6. Force Majeure

Neither party shall be liable for delivery defaults or delays resulting from acts of God, severe climate disasters, regional power grid outages, global polymer feedstock shortages, port embargoes, state highway blockades, or governmental labor regulations beyond reasonable commercial control.

7. Jurisdiction & Dispute Resolution

All commercial contracts and disputes arising from orders fulfilled by TopWay Packaging shall be governed by the laws of India and subject exclusively to the competent commercial courts situated in Jaipur, Rajasthan, India.

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