(i) The Seller shall be Kalyani Aditya Mineral Limited.

(ii) That once the advance amount – earnest money regarding the purchased coal is credited in the seller account, the buyer shall have no right of rejection of the purchased coal as the quality of the coal is based on as is where is basis.

(iii) At the written request of the buyer, the seller shall deliver any part of the agreed coal to the third parties nominated by the buyer, however, in such case, the liability of the payment of the said coal shall always be of the buyer.

(iv) The buyer holds the responsibility for making timely payments. Should there be any delay in payment, the seller reserves the right to terminate the contract without any liability and in such a case, entire earnest money/advance amount deposited will be immediately forfeited by the Seller.

(v) Further In the event of default or delay in payment by the buyer, either in full or in part, the buyer agreed and gives authorization to the seller to sale the balance quantity of coal/ product to third party for which the seller will send the details of the price difference to the buyer via email or WhatsApp. The buyer is required to pay the price difference along with interest within 3 days. Should the buyer fail to pay the price difference, it will be recovered through legal means as detailed below.

(vi) During the term of this contract, both the buyer and seller agree not to disclose its contents to any individual or organization.

(vii) This terms and conditions shall be treated as addendum to the any sale contract or agreement or deal executed by the seller in writing or through electronic exchanges such as email or whatsapp communication.

(viii) The parties agree that if any part of this terms is found to be void or unenforceable as per law of the land, it shall be struck from the record and the remaining provisions will retain their full force and effect.

(ix) Any sale shall not be liable for delay or non-performance in whole or in part of payment obligations of buyer in consequences of war, blockades, revolution, insurrection, civil commotion, riot, mobilization, act of government or Public Enemy, act of God, plagues or other epidemics, fire, flood, sabotage, quarantine, restrictions, explosion or embargo, including any change/ modification in commercial laws, rules and regulations by the government.

(x) Any notice shall be addressed to the seller and the buyer on their registered office or branch office address as well as email.

(xi) Terms and conditions shall be governed by the laws of India. Both parties irrevocably submit to the exclusive jurisdiction of the Courts in Panchkula, Haryana, for any action or proceeding regarding this Agreement. Any dispute, controversy, or claim arising out of or relating to the deal or agreement, or the breach, or payment, or lifting of material, or supply of material, or termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of the deal or agreement, shall be resolved by Arbitration in accordance with the provisions of Arbitration & Conciliation Act, 1996, including any amendments thereof. The Arbitration Tribunal shall be composed of a Sole Arbitrator, and such arbitrator shall be appointed by the Seller. The place of arbitration shall be Panchkula, Haryana, India and the arbitration proceedings shall take place in the English language.

(xii) The terms and conditions of the seller shall mutatis mutandis applicable for the deal/contract/sale through coal mart or any inter-mediate platform.