Terms And Conditions

DEFINITIONS
Agreed Delivery Date means the date specified in the Order Confirmation Form or otherwise agreed in writing by Monk Fruit India and the Purchaser.
Agreed Terms means the terms agreed for payment of Goods/Services. In absence of express agreement, payments shall be due (a) before Delivery, or (b) within 10 days after Delivery.
Monk Fruit India / Rami Hortitech Pvt. Ltd. (we/us/our) means the seller of Goods/Services.
Goods means monk fruit plants (tissue culture, seedlings, or grafted plants) in the number and variety listed in the Order Confirmation Form.
Services means propagation, multiplication, growth, and related services provided by us for the Purchaser.
Order Confirmation Form & Payment Plan means the written document issued by us confirming Purchaser’s order.
Overdue Amount means any unpaid sum after expiry of Agreed Terms.
Protected Plant Material means plant material protected under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FRA) or licensed to Monk Fruit India.
Public Variety means plant varieties not protected under PPV&FRA.
Purchaser (you/your) means the person/entity making the order.
Non-Propagation Agreement means a binding undertaking that Purchaser will not propagate, multiply, or distribute the Protected Plant Material beyond permitted use.

GENERAL
By placing an order with Monk Fruit India, you acknowledge and agree that:
(a) these Terms and Conditions govern the transaction;
(b) any ancillary agreements (e.g., Non-Propagation Agreement) form part of the transaction;
(c) no verbal representation overrides these Terms unless confirmed in writing.

NON-PROPAGATION AGREEMENT
If Goods are Protected Plant Materials, you must sign a Non-Propagation Agreement before Delivery.
If you fail to execute the Non-Propagation Agreement, your payment obligations continue, but Monk Fruit India has no obligation to deliver such Goods.

ORDERING & DELIVERY
Orders are confirmed only upon receipt of an Order Confirmation & Payment Plan Form.
Prices stated are indicative and subject to revision based on production costs.
Delivery dates are estimates only and may change due to seasonal growth factors.
Delivery shall be made at the Purchaser’s risk once Goods leave our nursery premises.

PRICING & PAYMENT
Prices are reviewed annually and subject to GST and applicable government levies in India.
Payment terms: (a) Order Confirmation Deposit (non-refundable) upon booking; (b) Production Advance on schedule as notified; (c) Balance within 10 days of Delivery.
Delayed payment constitutes default. Monk Fruit India may: charge 2% interest per month on Overdue Amount; levy plant maintenance fee at 3% per month of cost for Goods held beyond Agreed Delivery Date; suspend or cancel further deliveries.
Ownership of Goods remains with Monk Fruit India until full payment is received.

WARRANTIES & LIMITATION
Monk Fruit India warrants that Goods are true to type and disease-screened as per nursery standards at the time of dispatch.
No warranty is given that Goods will survive, establish, produce fruit, or be fit for a specific purpose.
Liability is limited to replacement of defective plants reported within 30 days of delivery, at our discretion.
Purchaser bears all risks of planting, environmental conditions, management practices, pests, and diseases.

INDEMNITY
Purchaser indemnifies Monk Fruit India against any third-party claims, losses, or damages arising from:
– failure of Goods to grow or yield;
– misuse or unauthorized propagation;
– resale or transfer of Goods in breach of agreement.

INTELLECTUAL PROPERTY
All rights under PPV&FRA Act, 2001 or licensing arrangements remain vested in Monk Fruit India or its licensors.
Purchase of Goods does not confer propagation or distribution rights. Unauthorized propagation constitutes infringement under Indian law and breach of contract.

TERMINATION
We may terminate any transaction immediately if you default on payment, breach the Non-Propagation Agreement, or misuse Goods.
Purchaser may terminate by written notice, but deposits/advances are non-refundable once production has commenced.

PRIVACY & DATA
We collect and use Purchaser’s information only for transaction, legal compliance, and marketing purposes in line with Indian data protection regulations.

DISPUTE RESOLUTION
Any dispute shall first be attempted to be resolved by mutual discussion.
If unresolved within 15 days, either party may refer the matter to arbitration under the Arbitration and Conciliation Act, 1996. Venue: Dehradun, Uttarakhand. Language: English.
Subject to arbitration, courts at Dehradun, Uttarakhand, India shall have exclusive jurisdiction.

SEVERABILITY
If any clause is held invalid or unenforceable, the remainder shall continue in effect.