Introduction

These Terms and Conditions (“Terms”) govern all business transactions between Modern Industries (“Company”, “We”, “Us”) and any individual or organisation (“Buyer”, “Customer”, “You”) who places an enquiry, requests a quotation, or places a purchase order for any machinery, equipment, parts, or services supplied by Modern Industries.

By submitting a purchase order, issuing a letter of intent, making an advance payment, or confirming an order in writing — you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

⚠️ These Terms apply to all domestic (India) and international (export) transactions. Export-specific terms are in Section 9. In the event of any conflict between these Terms and any specific order document, the order document shall prevail only to the extent of the specific conflict.

Company Details

Definitions

In these Terms, the following words shall have the meanings stated below:

• “Goods” — any rubber processing machinery, equipment, spare parts, tooling, moulds, or accessories manufactured and supplied by Modern Industries.

• “Order” — a confirmed purchase order, work order, or written acceptance of quotation issued by the Buyer to Modern Industries.

• “Quotation” — a written estimate or commercial offer issued by Modern Industries, valid for the period stated therein.

• “Delivery” — transfer of Goods to the carrier or dispatch from Modern Industries’ premises, unless otherwise agreed in writing.

• “Defect” — any material manufacturing defect in materials or workmanship that prevents the Goods from performing their intended function under normal operating conditions.

• “Force Majeure” — any event beyond Modern Industries’ reasonable control, including natural disasters, strikes, government action, or raw material shortages.

Quotations & Orders

2.1 Quotation Validity

All quotations issued by Modern Industries are valid for 30 days from the date of issue unless a different validity period is stated. After expiry, Modern Industries reserves the right to revise pricing, delivery schedules, or specifications without prior notice.

2.2 Order Confirmation

An Order is considered confirmed when Modern Industries receives:

• A signed purchase order referencing the quotation number, or

• Receipt of the advance payment as specified in the quotation, or

• A written purchase order accepted by Modern Industries in writing.

Verbal orders or email expressions of intent do not constitute a confirmed Order.

2.3 Specification Changes

Any request to change machine specifications, dimensions, electrical configuration, or add-on features after Order confirmation must be submitted in writing. Changes may result in revised pricing, delivery schedule, or both.

2.4 Custom & Non-Standard Machines

Orders for custom-built or specially configured machines are subject to a separate quotation and technical confirmation. Custom orders are non-cancellable once manufacturing has commenced.

Pricing & Payment Terms

3.1 Pricing Basis

All domestic prices are in Indian Rupees (INR) exclusive of applicable GST, freight charges, and installation costs unless stated otherwise. Export quotations may be in USD, EUR, or AED as specified in the quotation.

3.2 Standard Payment Schedule — Domestic (India)

• 50% Advance — on Order confirmation, prior to commencement of manufacturing

• 50% Balance — against Proforma Invoice, before dispatch of Goods from Modern Industries’ premises

ℹ️ Custom or non-standard machines may require 100% advance before manufacturing commences. The applicable payment schedule will be stated in the quotation.

3.3 Standard Payment Schedule — Export

• 50% Advance TT — on Order confirmation, before manufacturing

• 50% Against Documents — before release of shipping documents / BL, or by confirmed LC at sight (subject to prior agreement)

3.4 Late Payment

Delayed payments attract interest at 18% per annum from the due date. Modern Industries may withhold dispatch, suspend manufacturing, or cancel the Order if payment is not received within 15 days of the due date.

3.5 GST & Taxes

All applicable GST will be charged at the prevailing rate on the date of invoice. Any new taxes or duties introduced after quotation issue will be for the Buyer’s account.

3.6 Price Escalation

For orders with manufacturing lead time exceeding 6 months, Modern Industries reserves the right to revise prices if raw material, energy, or labour costs increase more than 5% from the order date, with reasonable prior notice to the Buyer.

Manufacturing & Delivery

4.1 Delivery Period

The delivery period stated in the quotation commences from the date of receipt of advance payment and all technical confirmations (foundation drawing approval, electrical specifications, etc.) — whichever is later.

4.2 Dispatch Terms — Domestic

• Goods are dispatched on an ex-works basis from GIDC Umbergaon unless freight terms are specifically agreed in writing

• Freight and insurance are at the Buyer’s cost and risk unless stated otherwise in the quotation

• Modern Industries will assist in arranging freight upon request; costs borne by the Buyer

4.3 Dispatch Terms — Export

Export deliveries are under the Incoterm specified in the quotation (typically FOB Mundra / JNPT or CIF as agreed). The applicable Incoterm and port of loading will be stated in the commercial invoice and shipping documents.

4.4 Delays

Delivery delays of up to 60 days beyond the estimated date shall not entitle the Buyer to cancel the order or claim damages, provided Modern Industries acts in good faith to minimise the delay.

4.5 Buyer Readiness

The Buyer is responsible for ensuring the site, foundation, utilities (power, water), and access are ready before the agreed delivery date. If the Buyer cannot accept delivery, storage charges of 1% of machine value per month apply after 15 days of readiness notification by Modern Industries.

4.6 Pre-Dispatch Inspection

The Buyer may inspect Goods at Modern Industries’ factory before dispatch, subject to prior appointment. Once the Buyer approves dispatch — or 7 working days pass after inspection notice without response — Goods are deemed accepted at factory stage.

Risk & Title

5.1 Transfer of Risk

Risk in the Goods passes to the Buyer at the point of dispatch from Modern Industries’ premises (ex-works) or as specified under the agreed Incoterm for export. From that point, the Buyer bears all risk of loss or damage in transit.

5.2 Retention of Title

Legal ownership of the Goods remains with Modern Industries until full payment of all amounts due — including machine price, freight, installation charges, and any outstanding amounts — has been received in cleared funds. This applies regardless of delivery to the Buyer’s premises.

5.3 Transit Insurance

Modern Industries recommends that the Buyer arranges adequate transit insurance from the point of dispatch. Modern Industries will not be liable for loss or damage in transit once risk has transferred.

Warranty

6.1 Standard Warranty Period

Modern Industries warrants that Goods are free from material defects in materials and workmanship for 12 months from the date of dispatch, or 12 months from commissioning — whichever occurs first — subject to the conditions below.

6.2 Warranty Coverage

Under this warranty, Modern Industries will, at its sole discretion, repair or replace any component found to be defective under normal operating conditions. Claims must be submitted in writing with photographic evidence. Defective components must be returned for inspection if requested.

6.3 Warranty Exclusions

This warranty does not cover:

• Normal wear and tear of consumable parts (rolls, drive belts, bearing seals, heater elements, thermocouples)

• Damage from operation outside specified parameters (overloading, incorrect voltage, improper feeding)

• Damage from accident, misuse, negligence, or unauthorised modification

• Damage from non-genuine spare parts

• Corrosion or damage from improper storage or exposure to corrosive chemicals

• Electrical components damaged by power surges or incorrect supply voltage

6.4 Spare Parts Warranty

Spare parts supplied separately carry a warranty of 6 months from date of dispatch under the same conditions.

⚠️ This warranty is Modern Industries’ sole and exclusive warranty. No other warranty, express or implied, is given. The warranty does not cover consequential losses, production downtime, or loss of profits arising from a defect.

Limitation of Liability

7.1 Maximum Liability

Modern Industries’ total aggregate liability in connection with any Order — whether from breach of contract, warranty, negligence, or otherwise — shall not exceed the total invoice value of the specific Goods giving rise to the claim.

7.2 Excluded Losses

Modern Industries shall not be liable for:

• Loss of production, loss of profits, loss of revenue, or loss of business opportunity

• Consequential, indirect, or special damages of any kind

• Damage to property other than the Goods supplied by Modern Industries

• Claims from the Buyer’s failure to follow the operating manual, installation instructions, or maintenance schedule

7.3 Indemnity

The Buyer shall indemnify Modern Industries from any third-party claims arising from the Buyer’s improper use, modification, or re-sale of the Goods.

Installation & Commissioning

8.1 Installation Services

Installation and commissioning services are available and quoted separately unless specifically included in the machine quotation. Where included, it covers mechanical assembly, commissioning, and operator training at the Buyer’s site.

8.2 Buyer’s Site Responsibilities

• Site preparation to Modern Industries’ foundation drawing specifications

• Electrical connection of specified voltage, phase, and frequency to the main panel

• Water supply (where applicable) of specified flow rate and pressure

• Unloading and material handling equipment at site

• Safe working environment for Modern Industries’ installation engineers

8.3 Commissioning Acceptance

Upon successful commissioning, the Buyer shall sign a commissioning acceptance certificate. If the Buyer refuses without valid technical justification, the machine is deemed accepted from the date commissioning was completed.

8.4 Export Installations

For export orders, installation supervision may be provided subject to travel, visa, and accommodation costs being borne by the Buyer. Export installation terms will be confirmed separately in writing.

Export Terms

9.1 Export Compliance

All export transactions are subject to Indian export regulations, the Foreign Trade Policy of India, and import regulations of the destination country. The Buyer is responsible for obtaining all necessary import licences, permits, and customs clearances.

9.2 Incoterms

The applicable Incoterm (FOB, CIF, CFR, EXW, or DAP) will be stated in the quotation and commercial invoice. Risk and cost obligations are governed by the agreed Incoterm under ICC Incoterms 2020 rules.

9.3 Export Documentation

Modern Industries provides standard export documentation: commercial invoice, packing list, certificate of origin, and shipping bill. Additional documentation (test certificates, third-party inspection) will be arranged at the Buyer’s cost upon written request.

9.4 Currency & Bank Charges

All bank charges — including correspondent bank charges, LC opening charges, and currency conversion charges outside India — are for the Buyer’s account. Payments must be received in full without deduction.

9.5 Sanctions Compliance

Modern Industries will not supply Goods to any party or country subject to Indian, UN, or applicable international trade sanctions. The Buyer warrants that Goods will not be used for any prohibited end-use or re-exported in violation of export control laws.

Intellectual Property

10.1 Ownership

All intellectual property in the Goods — including designs, engineering drawings, technical specifications, software, and manufacturing processes — remains exclusively with Modern Industries. No right or licence in Modern Industries’ IP is transferred by a sale.

10.2 Prohibited Use

The Buyer shall not:

• Copy, reverse-engineer, or replicate any Goods or their components

• Use Modern Industries’ designs or drawings for any purpose other than operating and maintaining the supplied Goods

• Remove, alter, or obscure any Modern Industries branding, serial plates, or identification markings

10.3 Website Content

All content on modernmachine.in and modernrubbermachinery.com — text, images, technical data, and product descriptions — is the intellectual property of Modern Industries, protected under Indian copyright law. Reproduction without prior written consent is prohibited.

Cancellation & Returns

11.1 Cancellation Charges

• Before manufacturing commences: 10% of Order value, minimum ₹25,000

• After manufacturing commences, before dispatch: 30% of Order value or actual costs incurred — whichever is higher

• After dispatch: No cancellation. Full Order value is payable.

• Custom / non-standard machines: 50% of Order value once manufacturing has commenced

11.2 Returns

Goods may not be returned without Modern Industries’ prior written authorisation. Authorised returns must be in original condition, securely packed. Return freight costs are for the Buyer’s account unless the return is due to a confirmed manufacturing defect.

11.3 Cancellation by Modern Industries

Modern Industries may cancel an Order if: (a) payment is not received within 15 days of the due date; (b) the Buyer provides incorrect or misleading technical specifications; or (c) fulfilment would violate applicable law. Any advance received will be refunded net of costs already incurred.

Force Majeure

Modern Industries shall not be liable for any delay or failure arising from circumstances beyond its reasonable control, including: acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, government orders, export/import embargoes, war, riots, strikes, power failures, and significant disruption in supply of raw materials or key components.

Modern Industries will notify the Buyer in writing as soon as practicable. If the Force Majeure event continues for more than 90 days, either party may terminate the Order by written notice, with Modern Industries refunding advance payments less costs already incurred.

Confidentiality

13.1 Confidential Information

Each party agrees to keep confidential all technical information, pricing, designs, business terms, and proprietary data disclosed by the other party. This obligation continues for 3 years from the date of disclosure or termination of the business relationship — whichever is later.

13.2 Permitted Disclosures

Confidential information may be disclosed only to the Buyer’s employees or agents who need it for the Order, bound by equivalent confidentiality obligations. Neither party shall disclose the other’s pricing, contractual terms, or technical specifications to any competitor without prior written consent.

Governing Law & Dispute Resolution

14.1 Governing Law

These Terms and all transactions governed by them shall be construed and enforced in accordance with the laws of India. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

14.2 Jurisdiction

Any dispute arising from these Terms or any Order shall be subject to the exclusive jurisdiction of the courts in Valsad District, Gujarat, India.

14.3 Dispute Resolution

Parties agree to attempt resolution by good faith negotiation for 30 days before initiating formal proceedings. If negotiations fail, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (India), with a sole arbitrator appointed by mutual agreement, proceedings in English at Umbergaon, Gujarat.

Website Use

15.1 General Use

Access to modernmachine.in and modernrubbermachinery.com is provided for information purposes and submitting business enquiries. Modern Industries reserves the right to modify or discontinue any part of the website without notice.

15.2 Accuracy of Information

While Modern Industries endeavours to keep website content accurate, it does not constitute a contractual offer. All specifications are subject to confirmation in a formal written quotation. Modern Industries is not liable for errors or omissions on the website.

15.3 Privacy

Personal data submitted through the website is used solely for responding to enquiries and conducting business communications. Modern Industries does not sell or share personal data with third parties for marketing purposes. By submitting an enquiry, you consent to Modern Industries contacting you regarding your enquiry and related products or services.

15.4 Third-Party Links

The website may contain links to third-party websites for reference. Modern Industries does not endorse or accept liability for third-party website content.

Contact for Legal Matters

For queries regarding these Terms, contract matters, or legal notices, please contact Modern Industries:

— End of Terms & Conditions —

Effective: October 1, 2026 · Version 1.1 · Jurisdiction: Valsad District, Gujarat, India

Modern Industries reserves the right to update these Terms at any time. The current version supersedes all previous versions.