Exporting to 50+ Countries Worldwide

Terms & Conditions

Please read these terms and conditions carefully before using our services or placing an order.

Last Updated: January 24, 2025

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Buyer", "Customer", "you") and Agochar Tech LLP ("Company", "we", "us", "our"), operating the website bagassefoodpackaging.com and trading as Bagasse Food Packaging.

By accessing our website, submitting an RFQ (Request for Quote), placing an order, or engaging in any business transaction with us, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our website or services. These Terms apply exclusively to B2B (Business-to-Business) transactions.

2. B2B Services Only

Our services are exclusively designed for business-to-business (B2B) transactions. We cater to:

  • Importers & Distributors - International buyers importing bagasse products for resale
  • Wholesalers & Retailers - Businesses purchasing in bulk quantities
  • Foodservice Operators - Restaurants, catering companies, hotels, and hospitality businesses
  • Event Management Companies - Businesses requiring large-scale disposable tableware
  • Government & Institutional Buyers - Public sector procurement agencies

Not for Consumer Sales: We do not sell products directly to individual consumers or end-users. All orders must be for business purposes with applicable business credentials.

3. Request for Quote (RFQ) & Quotations

3.1 RFQ Submission

When you submit an RFQ through our website or via email, you agree to provide:

  • Accurate and complete business information (company name, registration details, contact information)
  • Detailed product specifications and requirements
  • Required quantity (meeting our Minimum Order Quantity - MOQ)
  • Destination country and port of delivery
  • Preferred delivery timeline

3.2 Quotation Validity

All quotations provided by us are:

  • Valid for 30 days from the date of issue, unless otherwise specified
  • Subject to product availability and market conditions
  • Non-binding until a formal Purchase Order is accepted by us
  • Subject to change in case of fluctuations in raw material costs, currency exchange rates, or shipping costs

3.3 Quotation Contents

Our quotations typically include:

  • Product description and specifications
  • Unit price and total price (FOB, CIF, or other Incoterms as specified)
  • Minimum Order Quantity (MOQ)
  • Estimated production and delivery time
  • Payment terms
  • Packaging details and specifications

4. Orders & Acceptance

4.1 Purchase Orders

A binding contract is formed only when:

  1. You submit a formal Purchase Order (PO) referencing our quotation
  2. We issue a written Order Confirmation accepting your PO
  3. Advance payment is received (as per agreed payment terms)

4.2 Right to Refuse Orders

We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to:

  • Incomplete or inaccurate information provided
  • Product unavailability or stock shortages
  • Pricing or product description errors on our website
  • Suspicion of fraudulent activity
  • Inability to meet specified delivery requirements
  • Sanctions or export restrictions to the destination country

4.3 Order Modifications & Cancellations

By Buyer: Orders may be modified or cancelled only before production commences and with our written consent. Cancellation may incur charges up to 30% of the order value to cover administrative costs and potential material commitments.

By Seller: We may cancel orders in case of force majeure events, raw material shortages, or circumstances beyond our reasonable control. In such cases, we will refund any advance payment received.

5. Pricing & Payment Terms

5.1 Pricing

All prices are quoted in USD (United States Dollars) or EUR (Euros) unless otherwise specified. Prices are subject to change without notice until a formal Order Confirmation is issued.

Prices do not include applicable taxes, duties, customs fees, or import charges, which are the responsibility of the Buyer unless explicitly stated otherwise.

5.2 Payment Terms

Standard payment terms for new customers:

Order Value Payment Terms
First-time orders 100% advance payment via T/T (Telegraphic Transfer)
Established customers 30% advance + 70% against B/L copy
Large orders (>$50,000) LC (Letter of Credit) acceptable
Sample orders 100% advance payment

5.3 Accepted Payment Methods

  • Telegraphic Transfer (T/T) - Bank wire transfer to our designated account
  • Letter of Credit (LC) - Irrevocable LC at sight for qualified buyers
  • PayPal / Wise - For sample orders only (service charges applicable)

Important: Production will commence only after receipt of advance payment. All bank charges (including intermediary bank fees) are to be borne by the Buyer.

6. Shipping & Delivery

6.1 Incoterms

We ship internationally using standard Incoterms 2020:

  • FOB (Free on Board) - Rajkot/Mumbai/JNPT Port, India
  • CIF (Cost, Insurance & Freight) - To buyer's designated port
  • CFR (Cost & Freight) - To buyer's designated port
  • EXW (Ex Works) - Available upon request

6.2 Delivery Timelines

Standard production and shipping timelines:

  • Production Lead Time: 15-30 days from receipt of advance payment and final artwork approval
  • Sea Freight: 15-45 days depending on destination port
  • Air Freight: 5-10 days (available for urgent orders at additional cost)

Delivery timelines are estimates and not guaranteed. We are not liable for delays caused by customs clearance, port congestion, or carrier issues.

6.3 Shipping Documents

We provide standard export documentation:

  • Commercial Invoice
  • Packing List
  • Bill of Lading (B/L) / Airway Bill (AWB)
  • Certificate of Origin (if required)
  • Product Certificates (FDA, BPI, EN13432, ISO 22000, etc.)
  • Phytosanitary Certificate (if required)

6.4 Risk of Loss

Risk of loss and title to products passes to the Buyer in accordance with the agreed Incoterms. For FOB shipments, risk transfers when goods are loaded on the vessel. For CIF/CFR, we arrange insurance, but risk still transfers at the port of origin.

7. Product Specifications & Samples

7.1 Product Information

We make every effort to display product specifications, dimensions, colors, and images accurately on our website. However:

  • Product colors may vary slightly due to monitor settings and photography lighting
  • Natural variations in bagasse (sugarcane pulp) may result in minor color and texture differences
  • Dimensions are approximate and may vary by ±3-5% due to the nature of molded fiber products
  • Website images are for illustration purposes and may not reflect the exact product configuration

7.2 Product Samples

We strongly recommend ordering samples before placing bulk orders:

  • Sample Cost: Charged at standard product price + shipping (refundable against first bulk order above $5,000)
  • Sample Lead Time: 3-7 business days for dispatch
  • Custom Samples: Available for branding/printing at additional tooling costs

Note: Approved samples become the quality standard for production. Any deviations must be reported within the inspection period.

8. Quality Assurance & Certifications

8.1 Quality Standards

All our products meet international quality standards and hold the following certifications:

FDA Approved

US FDA food contact compliance (21 CFR Part 176)

BPI Certified

Biodegradable Products Institute compostability certification

EN13432

European compostability standard for packaging

ISO 22000

Food safety management system certification

8.2 Quality Control

We implement strict quality control measures:

  • 100% raw material inspection before production
  • In-line quality checks during production
  • Final inspection before packaging
  • Random sampling for dimensional accuracy and structural integrity
  • Third-party inspection available (cost borne by buyer)

8.3 Acceptable Quality Limits

Industry-standard acceptable defect rate: 2-3% per shipment. This includes minor cosmetic imperfections that do not affect product functionality (slight color variations, minor surface irregularities, etc.).

9. Returns, Refunds & Claims

9.1 Inspection Period

Buyers must inspect products upon delivery and report any damages, defects, or discrepancies within 7 days of receiving the shipment. Claims reported after this period will not be accepted.

9.2 Valid Claims

We accept claims for:

  • Defect rate exceeding 3% of the shipment
  • Products not meeting approved sample specifications
  • Incorrect product shipped (wrong item or quantity)
  • Manufacturing defects affecting product functionality

9.3 Claim Process

To file a claim, you must provide:

  • Written notice within 7 days of delivery
  • Photographs or videos clearly showing the defects
  • Detailed description of the issue
  • Quantity of affected products
  • Original shipping documents (invoice, packing list, B/L)

9.4 Resolution Options

Upon verification of a valid claim, we will offer one of the following remedies at our discretion:

  • Replacement: Free replacement of defective products in the next shipment
  • Credit Note: Commercial credit applicable to future orders
  • Partial Refund: Proportional refund for defective quantity (excluding shipping costs)

Important: Products damaged during transit due to carrier mishandling are not our responsibility. File claims directly with the shipping carrier using the insurance documents provided.

10. Intellectual Property Rights

10.1 Our Content

All content on this website, including but not limited to text, graphics, logos, images, product descriptions, and software, is the property of Agochar Tech LLP and protected by Indian and international intellectual property laws. Unauthorized use, reproduction, or distribution is strictly prohibited.

10.2 Trademarks

"Bagasse Food Packaging" and associated logos are trademarks of Agochar Tech LLP. You may not use our trademarks without prior written permission.

10.3 Custom Branding

If you provide artwork, logos, or branding for custom printing, you warrant that you have the legal right to use such materials and will indemnify us against any intellectual property claims arising from their use.

11. Warranties & Disclaimers

11.1 Product Warranties

We warrant that our products:

  • Are manufactured from food-safe, certified bagasse material
  • Meet the specifications outlined in approved samples or product sheets
  • Are free from significant manufacturing defects (within acceptable quality limits of 2-3%)
  • Comply with stated certifications (FDA, BPI, EN13432, ISO 22000)

11.2 Disclaimer of Warranties

Except as expressly stated above, we provide products "AS IS" without any warranties, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding specific use cases or performance in extreme conditions
  • Warranties of uninterrupted or error-free website operation

11.3 Limitation of Warranty Period

Product warranties are valid for 6 months from the date of manufacturing, provided products are stored in cool, dry conditions away from direct sunlight and moisture. Warranty does not cover damage due to improper storage, handling, or use.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

12.1 Maximum Liability

Our total liability for any claim arising from or related to these Terms or any order shall not exceed the value of the specific order giving rise to the claim. In no event shall our liability exceed the total amount paid by you for the products.

12.2 Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits or revenue
  • Loss of business opportunities
  • Loss of goodwill or reputation
  • Costs of procurement of substitute products
  • Third-party claims or liabilities

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

13. Export Compliance & Customs

13.1 Export Regulations

We comply with all applicable Indian export regulations and international trade laws. We reserve the right to refuse shipments to sanctioned countries or entities. Buyers are responsible for compliance with all import regulations, customs requirements, and laws of their destination country.

13.2 Import Duties & Taxes

All import duties, customs fees, taxes, and other charges in the destination country are the sole responsibility of the Buyer. We do not collect or remit such charges. Refusal to pay customs charges resulting in shipment return or abandonment will result in forfeiture of payment with no refund.

13.3 HS Codes

We provide standard HS (Harmonized System) codes for customs classification. However, final classification and duty rates are determined by the destination country's customs authorities. We recommend consulting with a customs broker in your country.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, fires, pandemics)
  • War, terrorism, civil unrest, or government actions
  • Labor strikes or disputes
  • Supplier failures or raw material shortages
  • Transportation disruptions or port closures
  • Power outages, internet failures, or cyber attacks
  • Changes in laws or regulations affecting export/import

In the event of force majeure, we will notify you promptly and make reasonable efforts to minimize the impact. Delivery timelines will be extended by the duration of the force majeure event. If the event persists for more than 60 days, either party may terminate the order with refund of advance payment.

15. Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the State of Gujarat, without regard to conflict of law principles.

For international transactions, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply where applicable.

16. Dispute Resolution

16.1 Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation within 30 days of written notice.

16.2 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration:

  • Arbitration Seat: Rajkot, Gujarat, India
  • Arbitration Rules: Indian Arbitration and Conciliation Act, 1996
  • Language: English
  • Number of Arbitrators: Single arbitrator mutually agreed upon, or appointed by the Rajkot Chamber of Commerce

16.3 Jurisdiction

Subject to arbitration above, the courts of Rajkot, Gujarat, India shall have exclusive jurisdiction over any legal proceedings arising from these Terms.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date.

For existing orders, the Terms in effect at the time of order confirmation shall continue to apply. Your continued use of our website or services after changes constitutes acceptance of the modified Terms.

We will notify registered users of material changes via email or prominent website notice.

18. Contact Information

For questions about these Terms and Conditions, or to discuss orders, quotations, or disputes, please contact us:

Company Information

Legal Entity:

Agochar Tech LLP

Trading as: Bagasse Food Packaging

Registered Address:

415 Decora Square
Sadhu Vasvani Road
Rajkot - 360005
Gujarat, India

Email:

General Inquiries: hi@bagassefoodpackaging.com
Sales & RFQ: hi@bagassefoodpackaging.com

Business Hours: Monday - Saturday, 9:00 AM - 6:00 PM IST (Indian Standard Time). We typically respond to inquiries within 24 business hours.

Agreement Acknowledgment

By accessing our website, submitting an RFQ, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: January 24, 2025 | Effective Date: January 24, 2025