International Trade Terms

Please check below for the terms and conditions for international sales and shipping.

STANDARD TERMS AND CONDITIONS OF INTERNATIONAL TRADE

Terms and Conditions

By placing an order or making a purchase, you agree to the terms and conditions below along with our Privacy Policy.

These Terms and Conditions (hence "Terms") regulate the contractual contacts between the Parties hereinafter referred to as "NatureWorks" and "the Customer" and apply to all of our sales, unless explicitly specified.  Any exception to these Terms must have been previously and specifically agreed in writing by NatureWorks. NatureWorks retains the right to amend the current Terms at any moment.

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Quotations and Orders 

TERMS AND POLICIES OF INTERNATIONAL TRADE​

Quotations and Orders

  1. The prices listed on our website are for retail purposes. NatureWorks provides price list of products upon request by the Customers. An assigned account manager will quote Unit prices in US Dollars, exclusive of taxes and shipping costs. 
  2. All orders must be in writing, either an estimate or a contractual proposal prepared by the Company and accompanied by these Terms and Conditions, or a purchase order submitted by the Customer.
  3. The Customer must return the quotation, properly initialed, dated, and signed, with the word "agreed" affixed during the estimate's validity period. The accuracy of the information provided on the quote returned with "Agreed" shall be considered customer verified for further processing. The Customer should submit expected modification before it is "agreed".
  4. The purchase order should be inline with the quotation/price list sent to the Customer for the product SKUs, quantities, and unit price exclusive of taxes, in addition to their contact details, VAT/EIN/Tax Registration number, incoterms, and the amount total of the order with signature and commercial stamp of the Customer.
  5. Prices are considered fixed once the Customer signs and returns the purchase order. Any reductions are applied on the invoice.
  6. Any changes to the order will require NatureWorks' prior approval and may result in an additional fee, which will be communicated to the Customer for approval. In addition, this may incur an extension of delivery time of the order.
  7. The Customer shall indemnify NatureWorks for its disbursements, losses, and missed winnings from the products they ordered and cancelled, from the deposit they paid, a sum equal to 10% of the order value or USD 1000, whichever is higher.
  8. An additional order processing fees of two hundred and fifty (250) US dollars excluding taxes shall be applied for any orders less than twenty thousand (10000) US dollars excluding taxes.
  9. NatureWorks reserves the right to withdraw products from sale or to modify its product range, at any time. The Customer are advised to follow our website for the product life cycle.

Payment Terms

TERMS AND POLICIES OF INTERNATIONAL TRADE

Payment Terms

  1. The Customer shall make payments by bank transfers to NatureWorks on the agreed upon Incoterms. Alternate methods of settlement are not allowed for pre-determined orders.
  2. The Customer shall fully responsible to bear all the bank and insurance charges such as service charges for the intervention of an intermediary, including withholding at source on the amount of invoices and other costs.
  3. The Customer shall make 30% payments before shipping the order for the first order if the incoterm is LC at sight. All other orders shall be governed by the agreed upon incoterms. 
  4. The Customer shall comply that any outstanding invoices, not paid within/on due date, shall entail them penalties for late payments of due amounts. The rate of this shall be equal to three times the legal interest in force in Nepal at the time, from the date of due until full payment.
  5. NatureWorks shall not be liable to proceed with shipment and reserves the right to suspend fulfilling all its obligations until the Customer clears all the outstanding invoices.

Shipping and Delivery Policies

TERMS AND POLICIES OF INTERNATIONAL TRADE

Shipping and Delivery

  1. NatureWorks ships its goods under incoterm Free Carrier (FCA) Chobhar Dry Port, Kathmandu, Nepal, unless explicitly specified in the agreed-upon quotation. The Customer shall find our products at Chobhar Dry Port for loading, where NatureWorks carries out the export customs declaration formalities. This point forward, the Customer shall take care of the shipment and goods, and NatureWorks shall not be liable for any risk of loss and deterioration. NatureWorks expects confirmation of orders for accuracy prior to delivery.
  2. Expressed transportation and/or custom/special packaging costs are invoiced separately, on written request from the Customer.
  3. The Customer shall ensure that its carrier has necessary authorization for the transport of agreed-upon shipment.
  4. The delivery date is explicitly stipulated as just a guideline, and hence the Customer can not cancel a shipment or refuse the goods due to any delay caused by circumstances beyond the control of NatureWorks. The Customer can not seek indemnification or deduction or compensation or penalty or damage and interest from NatureWorks against such cases.
  5. The Customer shall verify the contents of the shipment on the receiving port and shall pursue a remedy from the carrier, if necessary. 
  6. Partial deliveries are subject to request from the Customer, and NatureWorks will not be liable for the non-delivery or postponement of delivery by the carriers. In such case of non-delivery or postponement of delivery, the Customer cannot delay the payment on agreed terms.

Replacement and Return Policies 

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TERMS AND POLICIES OF INTERNATIONAL TRADE

Replacement and Return Policies

  1. Warranty: NatureWorks warrants the life of it product according to the specifics of the products. For product life, please visit our products here. 
  2. Special or customised orders cannot be returned, exchanged, or credited.
  3. The warranty voids automatically in case of failure of the Customer to notify NatureWorks of the alleged defects within ten (10) working days of its discovery. The Customer should be responsible to prove the day of discovery of the defects. NatureWorks will only be accountable for free replacement or refund in the form of a credit note, at its discretion, without allowing the Customer to claim damages for any reason.
  4. The Customer shall prove the defects to their corresponding assigned account manager from NatureWorks, and s/he will guide the Customer on the return procedure and make avail associated forms.
  5. NatureWorks shall not accept return if it has not been the subject of an express of the Purchase Order. Any product returned without the authorization from NatureWorks may not result in any credit, deduction, or reimbursement for the customer. 
  6. The Customer shall be responsible to bear all the costs and risks associated with the return of the products. Non confirming products shall be informed to NatureWorks as per clause 2 of Replacement and Return Policies, and shall be returned, in their original packaging, to NatureWorks, as per mutual agreement.
brown wooden blocks with number 8

 Data and Confidentiality

TERMS AND POLICIES OF INTERNATIONAL TRADE

Intellectual Property

  1. NatureWorks remains the sole owner of all intellectual and / or industrial property rights in the products. Similarly, NatureWorks retains all the copyrights or other relevant rights attached to trademarks or business secrets, or the literary and artistic properties including the logos and designs of its products.
  2. An order from the Customer does not constitute a transfer of rights and know-how mentioned in clause 1 of Data and Rights. It shall be for the products only.
  3. The Customer agrees not to reproduce, transmit, publish, adapt, or exploit the products or intellectual properties of NatureWorks in any way, medium or by any means. The Customer also agrees to indemnify and hold NatureWorks harmless against any damage and/or demand resulting from the Customer's breach of obligations. 
  4. The Customer agrees to indemnify and hold NatureWorks harmless against any damage and / or request of any kind whatsoever due to the breach by the Customer of its commitments under this clause. The Customer agrees to avoid any action for infringement, or unfair competition. 

Data Access

  1. The information provided to NatureWorks by the Customer for trading purposes are subject to computerized processing, and are kept for the duration deemed necessary based on agreed terms and conditions, and for the fulfilment of legal or regulatory obligations for the purposes of accounting and invoicing. The data are intended for private use of NatureWorks towards the Customer, or in collective interest of both the Parties, and are not in any way marketed to third parties.
  2. NatureWorks ensures the right to access of raw information provided by the Customer upon authorized and verified request made to NatureWorks by the Customer only. The Customer can request for rectification, limitation, and deletion of the information concerning them.

Confidentiality

  1. Both the Parties agree to maintain strict confidentiality and to take all necessary measures to protect the Confidential Information shared between the Parties during commercial interactions.
  2. The duration both Parties agree to preserve the Confidential Information as of first commercial communication is for 10 years from the end of execution, enforced even in the event of termination for misconduct by either party and for any reason.
  3. Information available to the public, or before the conversation started, are not considered confidential, and the Parties are expected to respect them, with no responsibility to be confidential whatsoever. Such information might include information received lawfully from a third party without breach of an obligation of secrecy, or communicated in accordance with laws, regulations, court rulings, provided that the recipient Party notifies the other Party and measures are taken to ensure the confidentiality of the information despite being disclosed.

Other Relevant Policies

a golden padlock sitting on top of a keyboard

TERMS AND POLICIES OF INTERNATIONAL TRADE

Liability 

  1. NatureWorks strives to provide high-quality products and services on time and within the agreed-upon timeframes. However, none of its requirements can be interpreted as an obligation to produce results.
  2. NatureWorks shall not be liable for the products under the responsibility of Customer suffer any damages or deterioration. The Customer shall insure the products under their responsibility, unless explicitly expressed in the incoterms. 
  3. NatureWorks shall not be liable if the products are not used in accordance with the Product documentation, and the Customer agrees to be fully responsible for such use of the products.
  4. NatureWorks shall not be liable for any damages, such as loss of the Customer's business, their reputation, customers, or any missed opportunities, etc.
  5. The Customer cannot demand NatureWorks to appear as a third party in connection with any claim for damages lodged against the Customer by an end customer.
  6. The total compensation that NatureWorks shall pay the Customer may not exceed the ceiling of sixty (60) percent of the pre-tax amount actually collected by the former in respect to the disputed order.
a golden padlock sitting on top of a keyboard

Force Majeure

  1. In force majeure condition, the obligations of the affected Party will be suspended as soon as other Party is notified by recordable accepted means of communication with acknowledgment of receipt of the case of force majeure. This notification shall include the affecting details of the force majeure and indicate the foreseeable duration of the situation.
  2. If the force majeure condition elongates, to more than 60 days, to affect the business of either party, the parties may freely terminate the order informing the other party about the situation.
  3. The non-performance of an order attributable to a case of force majeure cannot be the object of any appeal or compensation.

Termination and Continuity 

  1. Termination: If one of the Parties fails to perform its obligations under these Terms and does not resolve them within thirty (30) days of receiving notification from the other Party, the Party that invokes it will have the option to automatically terminate this Contract without prejudice to any other course of action. Such a termination will not result in any compensation for the offending party.
  2.  Continuity: The Parties continue to respect each other and the provisions of the articles "Intellectual Property" and "Confidentiality" among others. The Applicable Law and Competent Jurisdiction serves to continue as well.

Legal Terms

  1. Grievance Redressal: The Parties amiably agree to make every effort to address any disputes and/or request relating to an order or Terms by notifying, using registered letter with acknowledgement of receipt, the other Party of its inability to fulfil their obligations.
  2. After two (2) months from receipt of the notification, if the Party failing to perform and/or failing to reach an amicable agreement has not responded, each Party may submit the dispute to exclusive jurisdiction, notwithstanding the presence of multiple defendants or the addition of third parties.
  3. Applicable Law: This contract is governed by the laws of Nepal.
  4. Competent Jurisdiction: The jurisdiction of this Terms and NatureWorks shall be District  Courts of Lalitpur, Bagmati, Nepal.