Benif Granite – Terms & Conditions

General Terms

By accessing the Benif Granite website, requesting quotations, placing orders, or purchasing products from Benif Granite, the customer agrees to be bound by the following Terms & Conditions. These terms apply to all transactions, communications, and services provided by Benif Granite.

Benif Granite reserves the right to modify, update, or amend these Terms & Conditions at any time without prior notice.

Product Nature & Variation

Granite and other natural stones are products of nature. Variations in color, grain pattern, texture, shade, mineral concentration, veins, spots, fissures, and natural markings are inherent characteristics of the material and shall not be considered defects.

Product photographs, samples, and catalog images are provided for reference purposes only. Exact matching of color, pattern, or texture cannot be guaranteed.

Incoterms

Benif Granite operates under the following Incoterms:

• FOB (Free On Board)
• CIF (Cost, Insurance & Freight)

The applicable Incoterm shall be clearly mentioned in the Proforma Invoice (PI), Sales Contract, or Commercial Invoice.

Payment Terms

Unless otherwise agreed in writing:

• 60% Advance Payment at the time of order confirmation.
• 40% Balance Payment before dispatch/loading of goods.

Production shall commence only after receipt of the advance payment.

No shipment shall be released until full payment has been received and confirmed.

Measurement & Quantity Tolerance

Due to the nature of stone processing and packaging, the following tolerance is acceptable:

• Quantity and measurement variation: ±10% to ±13%

The customer agrees to accept such variations as standard industry practice.

Packaging

Benif Granite uses standard export-worthy wooden crates, fumigated packing (where required), plastic protection, and industry-standard securing methods for international shipments.

All products are inspected before packing and container loading.

Inspection & Re-Loading Charges

If any customs authority, port authority, inspection agency, government department, quarantine department, or third-party inspection agency requires the container to be opened after loading:

• Any unloading, inspection, handling, re-packing, or re-loading charges shall be borne entirely by the buyer.
• Any damage occurring during such inspection, handling, or re-loading process shall be the responsibility of the buyer.
• Benif Granite shall not be liable for losses arising after the container has left our control.

Transit Risk & Minor Damage Allowance

Natural stone shipments travel long distances by road, rail, sea, and port handling operations.

The buyer acknowledges that a minor percentage of breakage, chipping, edge damage, scratches, or transit-related losses may occur despite proper export packaging.

An acceptable damage/rejection allowance of up to 3%–4% of the shipment value or quantity shall be considered within normal industry standards and shall not be grounds for compensation, refund, replacement, or claim.

Transfer of Responsibility

For FOB shipments:

Risk and responsibility transfer to the buyer once the goods are loaded onto the vessel at the port of shipment.

For CIF shipments:

Benif Granite arranges freight and insurance as agreed; however, any transit-related claims shall be subject to the insurance provider’s terms and conditions.

No Refund Policy

All advance payments received by Benif Granite are strictly non-refundable.

Once production, processing, packing, or shipment arrangements have commenced:

• No cancellation shall be accepted.
• No refund shall be issued.
• No chargeback or payment reversal shall be accepted.

Claims & Complaints

Any claim regarding quantity, visible damage, or shipment discrepancies must be submitted in writing within 7 days of cargo arrival.

Claims submitted after this period may not be considered.

No claims shall be accepted for:

• Natural color variation
• Natural veins or fissures
• Pattern differences
• Minor edge chipping
• Transit-related minor damage within the accepted tolerance limits

Force Majeure

Benif Granite shall not be liable for delays or failure in performance resulting from circumstances beyond reasonable control, including but not limited to:

• Natural disasters
• Government restrictions
• Port congestion
• Shipping line delays
• Labor strikes
• War
• Pandemic events
• Customs actions

Governing Law

All transactions shall be governed by the laws of India.

Any disputes arising from transactions with Benif Granite shall be subject to the exclusive jurisdiction of the courts of Gujarat, India.

Dispatch Payment Compliance

Where the agreed payment terms require settlement of the balance payment prior to dispatch, the Buyer shall ensure that the outstanding amount is paid within the stipulated timeline communicated by Benif Granite.

Once the goods have been packed, containerized, reserved for shipment, or made ready for dispatch, Benif Granite shall issue a final payment notice to the Buyer.

If the Buyer fails to remit the balance payment within 24 hours of such notice or before the scheduled dispatch date (whichever is earlier), Benif Granite reserves the absolute right, at its sole discretion, to:

• Suspend or delay shipment of the goods.
• Cancel the order without further notice.
• Forfeit any advance payment already received.
• Recover any storage, handling, container detention, demurrage, administrative, banking, inspection, or related charges incurred due to the delay.
• hResell the goods to another customer without liability to the Buyer.

Any costs, losses, or expenses arising from delayed payment shall be borne entirely by the Buyer.

The decision of Benif Granite regarding order cancellation, shipment suspension, or recovery of associated charges shall be final and binding.

Advance Payment, Cancellation & Non-Transferability

The initial advance payment of 60% received against any order shall be strictly non-refundable and non-transferable.

Once production, block selection, slab processing, polishing, cutting, packing, container booking, shipping reservation, documentation, or any order-related activity has commenced, the Buyer shall not be entitled to cancel the order or claim any refund of the advance amount.

In the event of order cancellation, payment default, shipment delay caused by the Buyer, or failure to complete the balance payment within the agreed timeline, Benif Granite reserves the right to:

• Retain the entire advance payment received.
• Cancel the order without further notice.
• Recover any costs incurred towards production, packing, storage, container booking, freight reservation, inspection, banking, documentation, or administrative activities.
• Reallocate or resell the material to any third party without prior consent of the Buyer.

The advance payment shall not be adjusted, transferred, or credited against any future order unless expressly approved in writing by Benif Granite.

The decision of Benif Granite regarding cancellation, retention of advance payment, recovery of expenses, or resale of goods shall be final and binding upon the Buyer.

Container Storage & Port Delay:
If the buyer delays payment, documents, approvals, or shipment instructions resulting in container detention, storage, demurrage, port charges, or shipping line penalties, all such costs shall be borne exclusively by the buyer.