TERMS & CONDITIONS

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Welcome to MSI.ag (“Website”), operated by MSI (“MSI”, “we”, “us” or “our”).

These Terms & Conditions (“Terms”) govern your access to and use of the Website and your interactions with MSI, including enquiries, price requests, purchases, supply arrangements, deliveries and other business transactions.

By accessing or using the Website, submitting an enquiry, requesting a price, contacting MSI, placing an order or entering into a transaction with MSI, you agree to these Terms.

If you do not agree with these Terms, please do not use the Website or engage in transactions with MSI.

1. ABOUT MSI

MSI is engaged in the supply and distribution of fresh mushrooms and related business activities.

MSI may supply mushrooms to various customer categories, including:

• Individual household customers

• Restaurants and commercial kitchens

• Retail stores

• Dealers and distributors

• Existing mushroom dealers

• Aggregators and suppliers

• Bulk and institutional buyers

• Other customers or businesses

The availability of products, supply locations, quantities and commercial arrangements may vary from time to time.

2. USE OF THE WEBSITE

You agree to use the Website only for lawful purposes.

You must not:

• Use the Website for fraudulent or unlawful activities

• Submit false, misleading or unauthorised information

• Attempt to interfere with the operation or security of the Website

• Attempt to gain unauthorised access to the Website or its systems

• Copy, reproduce or misuse Website content without permission

• Use the Website to transmit harmful or malicious material

• Misrepresent yourself, your business or your authority to act on behalf of another person or organisation

MSI reserves the right to restrict or terminate access to the Website where reasonably necessary.

3. PRODUCT INFORMATION

MSI attempts to provide reasonably accurate information about the products and supply services described on the Website.

However, product availability, size, grade, appearance, packaging, quantity, specifications and other characteristics may vary depending on the product and supply conditions.

Images displayed on the Website may be illustrative and may not exactly represent the product supplied.

Unless specifically agreed otherwise, product availability is subject to actual stock and supply conditions at the time of confirmation.

4. PRICES AND PRICE INFORMATION

Prices displayed, communicated or discussed by MSI may vary depending on factors including:

• Market conditions

• Product availability

• Quantity

• Customer category

• Location

• Delivery or dispatch requirements

• Frequency of purchase

• Supply arrangement

• Contractual or commercial terms

• Logistics costs

• Other applicable charges

Prices may change without prior notice.

A price communicated through the Website, telephone, WhatsApp, email or other communication channel should be considered an indication or enquiry response unless MSI expressly confirms it as a final quotation or order price.

A price enquiry does not by itself constitute an order or create an obligation on MSI to supply the product at that price.

5. MARKET INFORMATION DISCLAIMER

MSI may provide market prices, price indications, market trends, demand information, supply information, estimates, forecasts or other market-related information.

Such information is provided for general informational purposes and may be incomplete, inaccurate, delayed or subject to change without notice.

Market conditions can change rapidly, and information available to MSI at one point in time may subsequently become outdated.

MSI does not guarantee that market information provided through the Website or through any other communication channel is accurate, complete, current or suitable for any particular commercial purpose.

You should independently verify market information before making purchasing, selling, trading or other business decisions.

Any person who purchases, sells, trades, enters into a contract or otherwise conducts business based on market information provided by MSI does so at their own discretion and risk.

To the extent permitted by applicable law, MSI shall not be responsible for losses, damages or commercial consequences arising from reliance on such market information.

6. ENQUIRIES AND PRICE REQUESTS

Submitting an enquiry or requesting a price does not guarantee:

• Product availability

• A particular price

• A particular delivery date

• A particular quantity

• Acceptance of an order

• Continuation of a quoted price

MSI may contact you using the information provided in your enquiry to clarify requirements, provide pricing, discuss availability or discuss possible supply arrangements.

7. ORDERS AND ORDER CONFIRMATION

An order is considered confirmed only when MSI has expressly accepted or confirmed the order and any applicable payment or other required conditions have been satisfied.

MSI may decline or modify an order where reasonably necessary due to:

• Product availability

• Supply limitations

• Market conditions

• Delivery or logistics constraints

• Incorrect or incomplete information

• Payment issues

• Operational limitations

• Other commercial or practical circumstances

Any special terms agreed between MSI and a customer for a particular transaction may override the general provisions of these Terms to the extent of that transaction.

8. PAYMENT TERMS

Unless otherwise agreed in writing, MSI may require 100% advance payment before confirming an order.

Payment terms may vary depending on the customer, product, quantity, supply arrangement or other commercial terms expressly agreed between MSI and the customer.

An order may not be processed or confirmed until the required payment has been received and verified.

Customers are responsible for ensuring that payment information and transaction details provided to MSI are accurate.

9. DELIVERY AND DELIVERY CHARGES

Delivery availability depends on the location, route, quantity, product availability and operational feasibility.

Delivery charges may apply and may vary according to:

• Delivery location

• Distance

• Quantity

• Route

• Logistics provider

• Delivery method

• Other applicable logistics factors

Unless expressly included in the agreed product price, delivery and logistics charges may be charged separately.

Any delivery time or date communicated by MSI is an estimated or proposed time unless expressly confirmed otherwise.

Delays may occur due to traffic, weather, transport disruptions, supply conditions, operational issues or other circumstances beyond MSI’s reasonable control.

10. OUTSTATION DISPATCH

For eligible outstation requirements, MSI may arrange or facilitate loading of mushrooms onto buses, trains or other suitable transport arrangements where feasible.

Unless otherwise agreed:

• Loading charges are separate from the mushroom price.

• Bus/train or other transport charges are payable directly by the customer.

• The customer is responsible for coordinating with the relevant transport operator where applicable.

• Availability of a suitable transport route is not guaranteed.

• Dispatch arrangements are subject to operational feasibility and availability.

MSI is not responsible for delays, damage, loss or other issues caused by third-party transport operators after the product has been handed over to them, to the extent permitted by applicable law.

11. PRODUCT INSPECTION AND ACCEPTANCE

Customers should inspect the products as soon as reasonably possible after delivery or receipt.

If you believe that the product supplied is materially different from what was agreed, you should contact MSI promptly with relevant details and, where appropriate, photographs or other supporting information.

Any complaint should include sufficient information for MSI to identify the relevant order or supply.

MSI may review the circumstances and determine the appropriate resolution in accordance with the applicable transaction terms and law.

12. CANCELLATION AND CHANGES TO ORDERS

Because fresh mushrooms are perishable products, cancellation or modification of an order may not always be possible after the order has been confirmed, packed, dispatched or otherwise committed for fulfilment.

Any request for cancellation or modification should be made as early as possible.

The ability to cancel or modify an order and any applicable refund will depend on:

• The stage of fulfilment

• Product perishability

• Whether the product has been packed or dispatched

• Logistics commitments

• The agreed commercial terms

• Applicable law

Where an order is cancelled by MSI due to circumstances within its control, MSI will communicate the applicable resolution to the customer.

13. PERISHABLE PRODUCTS

Fresh mushrooms are perishable agricultural/food products.

Product quality and shelf life may be affected by factors including temperature, handling, storage, transportation, delay and conditions after delivery.

Customers are responsible for appropriate handling and storage of mushrooms after delivery or receipt.

MSI recommends that customers follow appropriate storage and handling practices for fresh mushrooms.

14. CUSTOMER RESPONSIBILITIES

Customers are responsible for providing accurate information, including where applicable:

• Name and contact details

• Delivery address

• Quantity

• Product requirement

• Delivery or dispatch requirements

• Business information

• Payment information

• Any other information necessary to fulfil the order

MSI is not responsible for problems caused by incorrect, incomplete or outdated information supplied by the customer.

15. BUSINESS AND WHOLESALE CUSTOMERS

For dealers, distributors, retailers, commercial kitchens, bulk buyers and other business customers, MSI may agree to specific commercial arrangements concerning:

• Quantity

• Price

• Frequency

• Supply duration

• Delivery

• Dispatch

• Payment

• Contract terms

• Other commercial conditions

Where a separate written quotation, purchase order, agreement or contract exists, the specific agreed terms will govern the relevant transaction to the extent of any inconsistency with these general Terms.

16. AVAILABILITY OF SUPPLY

MSI does not guarantee continuous or uninterrupted availability of any particular mushroom product, quantity, grade, price or supply route.

Supply may be affected by agricultural production, market conditions, demand, weather, transportation, logistics, availability of raw material or other factors.

Any discussion regarding regular, planned or contract supply is subject to separately agreed commercial terms and actual feasibility.

17. CONTENT AND INTELLECTUAL PROPERTY

Unless otherwise stated, the content on the Website, including text, graphics, logos, photographs, designs, layouts, branding and other materials, belongs to MSI or is used with appropriate permission.

You may access and use the Website for personal or legitimate business purposes.

You may not reproduce, modify, distribute, publish, commercially exploit or otherwise use Website content without prior permission from MSI, except where permitted by applicable law.

18. THIRD-PARTY SERVICES AND LINKS

The Website may contain links to third-party websites, platforms or services.

These third-party services are not controlled by MSI.

MSI does not guarantee the availability, accuracy, security or reliability of third-party websites or services and is not responsible for their content, policies or practices.

Your use of third-party services is subject to their applicable terms and policies.

19. WEBSITE AVAILABILITY

MSI attempts to keep the Website available and functioning properly but does not guarantee that the Website will always be:

• Available without interruption

• Free from errors

• Free from viruses or other harmful components

• Completely accurate or current

• Compatible with every device or browser

The Website may occasionally be unavailable due to maintenance, technical problems, updates or circumstances beyond MSI’s reasonable control.

20. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, MSI shall not be liable for indirect, incidental, consequential, special or commercial losses arising from:

• Use of or inability to use the Website

• Reliance on Website information

• Reliance on market information

• Changes in market prices

• Product availability

• Delays caused by circumstances beyond MSI’s reasonable control

• Third-party transport or logistics services

• Incorrect information supplied by a customer

• Business decisions made by a customer

• Loss of profits, revenue, business opportunities or expected savings

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

21. FORCE MAJEURE

MSI shall not be considered in breach of these Terms or a supply arrangement to the extent that performance is prevented, delayed or materially affected by circumstances beyond its reasonable control.

Such circumstances may include, where applicable:

• Natural disasters

• Severe weather

• Agricultural or production disruptions

• Government restrictions

• Changes in law or regulation

• Transportation disruptions

• Strikes or labour disruptions

• Fire

• Flood

• War or civil unrest

• Epidemics or pandemics

• Power or infrastructure failures

• Major technology failures

• Supply shortages

• Other circumstances beyond MSI’s reasonable control

MSI will make reasonable efforts to communicate material disruptions where appropriate.

22. PRIVACY

Information submitted through the Website or otherwise provided to MSI is handled in accordance with our Privacy Policy.

By using the Website or submitting an enquiry, you acknowledge that you have read and understood the applicable Privacy Policy.

23. CHANGES TO THESE TERMS

MSI may update these Terms from time to time to reflect changes in our business, Website, services, commercial practices or applicable legal requirements.

The updated version will be published on the Website with a revised effective or updated date.

Your continued use of the Website after an updated version is published constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

24. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws applicable in India.

Any dispute arising from the use of the Website or from dealings with MSI shall be subject to the jurisdiction of the competent courts having jurisdiction over the applicable MSI business location, subject to applicable law and any specific contractual arrangement between MSI and the customer.

25. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the extent necessary to make it enforceable where legally possible.

The remaining provisions shall continue to apply.

26. NO WAIVER

Failure by MSI to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

27. ENTIRE TERMS

These Terms, together with any applicable quotation, order confirmation, written commercial agreement and Privacy Policy, constitute the terms applicable to your use of the Website and dealings with MSI, except where a separate written agreement expressly provides otherwise.

28. CONTACT MSI

For questions regarding these Terms, orders or other business matters, please contact:

MSI

Phone / WhatsApp: +91 96065 72946

Email: contact@msi.ag

Website: MSI.ag

 

ACKNOWLEDGEMENT

By accessing the MSI Website, submitting an enquiry, requesting a price, placing an order or entering into a transaction with MSI, you acknowledge that you have read, understood and agreed to these Terms & Conditions.