No change or amendment in the Agreement shall be valid unless agreed to in writing by
both the parties hereto. Non-enforcement by either party of any condition herein contained shall not operate as a waiver of the condition itself or any subsequent breach thereof.
2. Force Majeure:
If Handicraft of India be prevented from discharging its obligation/s under this Agreement
by reason of, but not limited to, war, blockade, revolution, insurrection, mobilizations strikes, lock-outs, civil commotions, riots, Acts of God, any epidemics, natural disasters,
Government regulation/s, legislation/s or on account of any other cause or causes beyond Handicraft of India's control interfering with the exporting, shipment, safe arrival,unloading, discharging or delivery of the goods, the time for delivery of the goods tothe buyer by Handicraft of India shall be postponed by such time or times during whichexporting, shipment, safe arrival, unloading, discharging or delivery is prevented by anysuch cause/s as hereinbefore mentioned, provided that notice is tendered by Handicraft ofIndia to the buyer within 7 (seven) days of the happening of such an event and if such forcemajureevent continues for a period exceeding 30 days, from the date of such occurrence,the obligation of Handicraft of India under the Agreement stand discharged with no fault liability.
Neither of the parties hereto shall transfer, assign or otherwise part with this Agreement
or any part thereof, either directly or indirectly, without previous, written permission of theother party. The party assigning shall, however, be entirely responsible for the execution /performance of this Agreement and every part of it by the assignee, if any, permitted by the other party.
Buyer shall fully indemnify and keep Handicraft of India indemnified & harmless at all timesagainst all claims, losses, damages, suits, actions, proceedings, costs, charges, levy andexpenses which Handicraft of India may be subjected to or incur or sustain or suffer on account of or anywise relating to or arising out of this Agreement.
5. Governing Law:
Notwithstanding any conflict of Laws, this Agreement shall be governed by the applicable
Indian Law for the time being in force.
In the event of any dispute or difference between the parties hereto relating to the interpretation, construction, fulfillment or otherwise of this Agreement, such dispute or difference shall be settled by the process of arbitration of a SOLE ARBITRATOR to be appointed as per the Rules of Arbitration of Indian Council of Arbitration, New Delhi. Thevenue of such arbitration proceedings shall be at the Office of Handicraft of India at Kolkata and the costs of the arbitration shall be borne equally by the parties hereto. The costs will not cover the travel and lodging and other incidental expenses that might be incurred by the respective parties in organizing such an arbitration proceeding. The award of the sole arbitrator shall be binding on both the parties. Subject to the foregoing, the parties hereby agree that the court having local jurisdiction over Kolkata shall have exclusive jurisdiction in respect of any dispute arising out of this Agreement, to the exclusion of all other courts.
This agreement shall be governed by Indian law for the time being in force. Words and Terms that have not been specifically defined herein shall be deemed to have their respective meanings construed and interpreted as in INCOTERMS 2000 or any subsequent amendment thereof. This agreement is exhaustive as to the rights and obligations of theparties hereto, however, terms and conditions which are not specifically defined herein under the agreement shall be interpreted having regard to applicable law,usage, customs and trade practice of India.
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