Quality Claims Policy

Who this policy covers

This policy applies to B2B orders placed directly with Bibhakar & Sons Private Limited (brand: Bibhakar Spices, BIBHAKAR®): bulk packs of 5, 10, 30 and 40 kg, Bibhakar-branded PET jars, and private-label orders.

Your signed contract, proforma invoice or purchase order comes first. If it says something different from this page, the contract wins.

Jars bought on Amazon, Walmart, Ozon, Joom, Flipkart, JioMart, ONDC, Etsy or other marketplaces follow that marketplace’s own return and refund policy. Please raise those through the marketplace.

What we measure against

A claim is judged only against the specification agreed in writing before shipment. This is the spec sheet attached to the contract or proforma invoice.

Parameters not in the agreed spec cannot be the basis of a claim. Examples are colour shade, aroma strength or bold size, unless they were written into the spec. If a parameter matters to you, add it to the spec before you order.

Time limits

These limits run from the date the goods arrive at the destination port or your warehouse, whichever is first, as shown by carrier or port records.

How to raise a claim: 5 steps

• Step 1, stop and keep: do not move, blend, repack or process the affected goods. Store them cool, dry and sealed.
• Step 2, notify: email enquiry@bibhakarspices.com (or WhatsApp +91 70114 18721) within 7 days of arrival with the PO or invoice number, lot number, quantity affected and a short description of the problem.
• Step 3, send evidence: photos or video of the bags or cartons, labels, lot codes, seals and the defect; your lab report if you have one; and the delivery receipt with any remarks.
• Step 4, verify: we compare your evidence with our sealed counter sample from the same lot. If needed, we agree a joint inspection or an independent test.
• Step 5, resolve: we confirm our decision in writing and agree the remedy, or explain why the claim is not accepted.

Counter samples and independent testing

We seal and keep a counter sample from each export lot, labelled with the lot number and shipment date. It is kept for [12 months from shipment, or the product’s shelf life, whichever is shorter].

If we cannot agree on the result, the goods are sampled jointly or by an independent surveyor such as SGS, Intertek or Bureau Veritas, and tested at a laboratory accredited to ISO/IEC 17025 for the test in question. Both sides agree the lab and test method in writing first.

The independent result is final for the claim. Its cost is paid by the party found at fault. If the goods are within spec, the buyer pays; if not, we pay.

Remedies if a claim is accepted

Our total liability for a claim is capped at the invoice value of the affected goods. We are not liable for indirect or consequential losses, such as lost profit, production downtime, recalls, or penalties under your own customer contracts. Nothing in this policy limits liability that cannot be limited by law.

• Replacement of the affected quantity, shipped on the same Incoterm as the original order.
• A credit note against your next order.
• A refund of the price paid for the affected quantity only.

What is not covered

• Claims received after the 7-day window, or after the goods were moved, mixed, repacked or processed.
• Goods stored or handled badly after delivery, for example in heat, humidity or near strong odours.
• Natural variation within the agreed specification. Spices are farm products; colour, size and aroma vary between harvests.
• Transit damage, loss or shortage. These are carrier and insurance matters (see below).
• Differences in taste or sensory preference not written into the spec.
• Parameters or standards not agreed in writing before shipment.
• Normal moisture change within spec, or settling of contents in jars and bags.

Transit damage and Incoterms

Under Incoterms 2020, risk passes to the buyer when goods are loaded on board the vessel at the Indian port. We sell on FOB and CIF terms. Damage or shortage after that point is a claim against the carrier or cargo insurer, not a quality claim.

On CIF orders we buy cargo insurance for you. Incoterms 2020 CIF requires only minimum cover, Institute Cargo Clauses (C), for 110% of the contract value. If you want wider all-risks cover, Clauses (A), ask before ordering. On FOB and CFR orders you arrange your own insurance.

We will help with documents for your carrier or insurance claim: invoice, packing list, bill of lading and pre-shipment photos.

Rejection by authorities at destination

Tell us in writing, before we ship, any destination limits that apply, such as pesticide residue (MRL), aflatoxin, ethylene oxide or microbiological limits. We test the lot against those limits and the agreed spec before shipment.

If goods are rejected for a parameter written into the agreed specification, and the counter sample or an independent test confirms it, we treat it as a quality claim under this policy.

If rejection is caused by a rule that changed after shipment, a requirement not shared with us, labelling or paperwork that was the buyer’s duty, or an import licence issue, it is not a quality claim. We will still share test reports and documents to help you appeal or re-export.

Who pays for re-export, re-testing or destruction after a rejection is discussed and agreed in writing before the order is confirmed. If nothing was agreed, we will discuss it with you in good faith.

Samples and small orders

Samples are paid (the sample cost is charged) and are for evaluation only. Please test samples against your spec before placing a bulk order. Samples are not covered by remedies under this policy, but tell us if a sample is not right and we will look into it.

For trial or small orders the same process applies. Remedies may be given as a credit note rather than a refund, [as agreed per order].

Governing law and disputes

India is not a party to the UN Convention on Contracts for the International Sale of Goods (CISG). Our contracts therefore state the governing law and dispute forum. Unless the contract says otherwise, Indian law applies and disputes go to the courts at Ghaziabad, Uttar Pradesh, India.

Foreign buyers may also raise a quality complaint against an Indian exporter with the Committee on Quality Complaints and Trade Disputes (CQCTD) of the Directorate General of Foreign Trade, under Chapter 8 of India’s Foreign Trade Policy. This process is conciliatory and does not stop either side from taking legal action. We hope to resolve every claim directly with you first.

Contact

Quality claims: enquiry@bibhakarspices.com, WhatsApp/phone +91 70114 18721, Telegram @bibhakarspices. Bibhakar & Sons Private Limited, Archana Enclave, Khora Colony, Ghaziabad, Uttar Pradesh 201020, India.