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- These Terms and Conditions shall apply to product/s (Product) supplied by Bar Pintxos (BP) to its third-party buyers or customers (Customer) covered by an existing and valid sales invoice (Invoice) that will be paid through Paymongo, BDO, GCash or PayMaya, unless otherwise expressly agreed upon by parties, or if the agreement of the parties are embodied in a specific contract or purchase order that is inconsistent with the provisions of these Terms and Conditions.
BP reserves the right to amend the provisions of these Terms and Conditions without notice to Customer.
- Delivery will be based on BP’s delivery schedule per area. Orders made before the 2PM cut-off will be shipped the same day. Orders made after the 2PM cut-off will be shipped the next day. Customer understands that BPG cannot commit to Customer’s preferred time of delivery unless otherwise agreed upon.
- BP shall not be liable for any failure or delay in delivery resulting from circumstances/events beyond BP’s control such as acts of God, force majeure or if the failure or delay is caused by the voluntary or negligent act of Customer.
BP shall pack the Product in a suitable container and/or racks and, if applicable, based on the pre-agreed packing specifications stated on the Invoice.
- The title to, and the risk of the delivery of the Product shall pass from BP to Customer when the Product is delivered to and accepted by Customer or its/his/her duly authorized representative. Once delivered, BPG shall not be responsible for storage, any loss or damage due to the conditions of the delivery location or any act, default or omission of Customer or its representatives.
- Upon delivery of the Product, Customer shall immediately inspect the quantity and quality of the Product. Noting the perishable nature of the Product, Customer shall notify BPG in writing within twenty four (24) hours from delivery if the Product is short in quantity, defective or not compliant with agreed specifications. If the Product is short in quantity without fault on the part of Customer, BPG shall deliver the remaining Product as soon as practicable upon agreement with Customer without added delivery cost. In the case of defective goods, a Product that is presentable as to its physical appearance and in good condition (packaging, appearance, contents are soft and usable) is deemed Good Stock and shall not be eligible for returns. A Product that is not deemed a Good Stock by BPG’s Quality Control Group, is considered as Bad Stock and shall be eligible for return or replacement as may be agreed upon by the parties. In case of Bad Stock, Customer shall cause the return of the same to BPG, and BPG shall bear all transportation costs, risk of loss and the value of the returned or replaced Product.
- Customer shall indemnify, defend and hold BPG free and harmless from any liability, loss, claim, damage or costs, including attorney’s fees, and expenses that may be asserted, or arise by reason of: (a) Customer’s failure or alleged failure to comply, in whole or in part, with any warranty or obligation assumed by Customer pursuant hereto; (b) Customer’s breach or alleged breach of any contract entered into between Customer and a third party by reason of these Terms and Conditions; or (c) any other acts or omissions of Customer.
- Under no circumstances will BPG be liable to Customer for indirect or consequential damages or losses even if such damage or loss is foreseeable.
- BPG and Customer agree to keep confidential all relevant information, discussions and terms relating to or arising out of these Terms and Conditions and purchase of the Product. Each party shall seek the written consent of the other before any such information, discussions or terms can be released or disclosed to a third party, except such information already of public knowledge at the time of disclosure or as may be required by law or any government authority or regulatory body. The obligations hereunder shall remain effective and in full force for the term of these Terms and Conditions and shall continue to survive after the expiration thereof.
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