Terms of Service
1. About These Terms
These Terms form an agreement between Falconidae Import and Export Pvt. Ltd. and each person or organization that accesses our website, submits an inquiry, requests a quotation, places an order, or receives services from us.
By using the website or asking us to provide services, you confirm that you have read and understood these Terms. A commercial transaction becomes binding only as described in Clause 5. If you act for an organization, you confirm that you are authorized to bind it.
2 Scope of Services
Falconidae may provide or arrange product sourcing, supplier and buyer coordination, import and export facilitation, trade documentation support, packaging coordination, logistics liaison, warehousing coordination, market exploration, and other services agreed in writing.
The precise scope of each engagement is stated in the applicable quotation, pro forma invoice, order confirmation, statement of work, or signed agreement. Website descriptions are general and do not promise that every service or product will be available in every country or transaction.
3 Our Role in a Transaction
Depending on the written transaction documents, Falconidae may act as a seller or buyer as principal, a sourcing or commercial agent, a trade facilitator, or a coordinator arranging services from third parties. The applicable quotation or contract will identify our role where it materially affects responsibility.
Unless we expressly agree in writing, Falconidae is not the manufacturer, carrier, customs authority, customs broker, insurer, laboratory, or legal, tax, or regulatory adviser. A fixed or consolidated charge does not by itself mean that Falconidae performs every underlying service as principal.
4 Third Party Providers
We may engage or recommend manufacturers, suppliers, carriers, freight forwarders, customs brokers, warehouses, inspectors, laboratories, insurers, packaging providers, banks, or other contractors. Third-party services may be governed by separate terms, tariffs, transport documents, and liability limits.
Where Falconidae acts only as an agent or coordinator, the relevant third party remains responsible for its own acts and omissions. Falconidae will exercise reasonable care in selecting and instructing third parties but does not guarantee their performance unless expressly agreed in writing.
5 Inquiries Quotations and Contract Formation
Website content, product images, preliminary discussions, estimates, and responses to inquiries are informational and non-binding. Submitting an inquiry does not reserve stock, create an agency relationship, or require either party to proceed.
A transaction becomes binding only when Falconidae issues or expressly accepts a written quotation, pro forma invoice, purchase order, order confirmation, or contract and any stated deposit or payment condition has been satisfied. We may withdraw or revise an unaccepted quotation at any time.
Unless otherwise stated, quotations expire on the date shown in the quotation. Obvious typographical, clerical, or calculation errors may be corrected before performance begins. Any change to a confirmed transaction must be agreed in writing by authorized representatives.
6 Order of Precedence
If transaction documents conflict, the following order applies unless the parties expressly agree otherwise in writing:
A specially negotiated and signed contract;
The accepted quotation, pro forma invoice, or order confirmation;
The confirmed purchase order, excluding Customer boilerplate not expressly accepted by Falconidae;
These Terms of Service; and
General website descriptions.
A carrier-issued bill of lading, air waybill, or similar transport document governs the relevant carriage to the extent required by its terms or mandatory law.
7 Product Information Specifications and Samples
The parties must agree in writing on the material product requirements, including description, model or grade, composition, dimensions, quantity, permitted tolerance, country of origin, packaging, labels, applicable standards, and inspection requirements. The Customer is responsible for identifying destination-specific requirements unless Falconidae expressly accepts that responsibility.
Samples, images, catalogues, and descriptions are indicative unless expressly incorporated as an approved contractual standard. Natural, agricultural, handmade, or artisanal products may show reasonable variation in colour, texture, weight, dimensions, or appearance within agreed tolerances.
Sample cost, courier charges, customs duties, and whether sample approval binds bulk production will be stated in the quotation or other written agreement.
8 Prices Currency Taxes and Charges
Prices are stated in the currency shown in the applicable quotation and are based on the quantities, specifications, exchange rates, freight conditions, tariffs, and assumptions identified there. Unless expressly stated otherwise, prices exclude VAT, customs duties, import taxes, export levies, insurance, bank charges, inspections, storage, demurrage, detention, port and terminal charges, and government fees.
If the Customer changes the specification, quantity, delivery instruction, schedule, or destination, Falconidae may revise the price and timeline. New government charges, exceptional carrier surcharges, or material cost changes arising after quotation may be passed through where permitted by the transaction documents and applicable law.
9 Payment
The Customer must pay the amounts, deposits, and instalments by the dates and methods stated in the applicable transaction documents. Payment is complete only when cleared funds are received in the designated account. Each party bears its own bank charges unless otherwise agreed; intermediary and receiving bank charges are borne as stated in the quotation.
Falconidae may suspend sourcing, production, release of documents, shipment, or other performance while an amount is overdue. The Customer remains responsible for reasonable recovery costs and any lawful late-payment charge stated in the transaction documents.
To reduce payment fraud, any change to bank details must be verified through a known Falconidae contact using a second communication channel. Falconidae is not responsible for payments sent to an unauthorized account where the Customer failed to complete reasonable verification.
10 Incoterms Risk and Title
Where an Incoterms rule applies, the quotation or contract must state the selected rule, precise named place or port, and edition, for example: CIF Kolkata Port, Incoterms 2020. The selected rule allocates defined delivery duties, costs, and risk between the buyer and seller but does not replace the sales contract.
Risk transfers as provided by the agreed Incoterms rule or, if no rule applies, at the point expressly stated in the transaction documents. Ownership or title transfers only after we receive payment except where mandatory law or a signed contract provides otherwise.
11 Delivery and Scheduling
Production, dispatch, transit, clearance, and delivery dates are estimates unless Falconidae expressly guarantees a date in writing. Lead time begins only after Falconidae receives all required payments, specifications, approvals, instructions, permits, and documents.
Falconidae may use reasonable routes, modes, carriers, consolidation arrangements, and intermediate stops. Partial shipments may be made where commercially reasonable and consistent with the agreed transaction. We will communicate material known delays but are not responsible for delays caused by carriers, authorities, port congestion, border disruption, inspections, or missing or inaccurate Customer information, subject to applicable law.
12 Customer Instructions and Information
The Customer must provide timely, lawful, accurate, complete, and usable instructions. This includes product description, quantity, weight, value, intended use, consignee and notify-party information, origin and destination, licences, permit requirements, dangerous-goods characteristics, and any special handling or delivery requirement.
Falconidae may rely on written Customer information unless it is clearly incorrect. The Customer is responsible for losses, delays, charges, fines, or penalties caused by inaccurate, incomplete, late, or unlawful information, except to the extent caused by Falconidae negligence or wilful misconduct.
13 Customs Duties Licences and Importer of Record
The transaction documents must identify the exporter of record, importer of record, party responsible for customs declarations, and party responsible for licences, permits, duties, taxes, inspections, storage, and regulatory charges.
Unless Falconidae expressly accepts a responsibility in writing, the Customer must determine whether the goods may lawfully be imported, exported, sold, or used in the destination and must obtain all required licences and approvals. Falconidae may prepare or transmit documents, advance charges, or appoint a broker when authorized, but may rely on information supplied by the Customer and relevant third parties.
If a consignee or other responsible party fails to pay duties or charges assigned to it, the Customer must reimburse Falconidae for amounts reasonably paid or incurred on the Customer behalf.
14 Trade Compliance and Ethical Conduct
Each party must comply with applicable customs, import and export control, economic sanctions, anti-money-laundering, anti-bribery, anti-corruption, product safety, labour, environmental, wildlife protection, origin, and labelling laws in the countries connected with the transaction.
The Customer confirms that neither it nor, to its knowledge, the relevant consignee, beneficial owner, end user, or payment source is prohibited or restricted from the transaction. The Customer must disclose controlled goods, end-use restrictions, and licences before confirmation.
Falconidae may screen parties and transactions and may refuse, suspend, or cancel activity where we reasonably believe it creates legal, safety, banking, sanctions, reputational, or compliance risk. Falconidae may provide information to competent authorities where legally required.
15 Prohibited Restricted and Special Goods
The Customer must not ask Falconidae to handle illegal, counterfeit, stolen, sanctioned, or prohibited goods. Weapons, explosives, narcotics, protected wildlife products, hazardous chemicals, radioactive materials, human remains, controlled dual-use items, and other restricted goods require all legally required approvals and Falconidae prior written acceptance.
Dangerous, perishable, temperature-sensitive, fragile, high-value, or contaminating goods must be fully declared before quotation. The Customer must provide classifications, safety data, handling instructions, and compliant packaging and labels. Falconidae may refuse, isolate, return, or lawfully dispose of undeclared goods presenting an immediate safety or legal risk, with reasonable costs charged to the responsible party, subject to mandatory law.
16 Packaging Marking and Labelling
Responsibility for export packaging, pallets, moisture and impact protection, treatment or fumigation, shipping marks, country-of-origin labels, hazard labels, retail labels, and destination-language information will be stated in the transaction documents.
Where the Customer supplies or specifies packaging, labels, barcodes, trademarks, or artwork, the Customer warrants that they are accurate, lawful, suitable for the goods and destination, and authorized for use. Falconidae is not responsible for loss caused by unsuitable Customer specifications where we could not reasonably have identified the problem.
17 Inspection and Quality Assurance
Any pre-production, during-production, pre-shipment, laboratory, or loading inspection must be agreed in writing, including the standard, sampling method, tolerance, inspector, cost, and effect of the result. Unless expressly agreed, an inspection is based on samples and matters reasonably observable at the inspection time.
A passed inspection is evidence of the inspected condition but does not guarantee matters outside its scope or defects that could not reasonably be detected. Nothing in this clause removes an express product warranty or a non-excludable legal right.
18 Documents
Depending on the transaction, documents may include a commercial invoice, packing list, certificate of origin, bill of lading, air waybill, insurance certificate, inspection certificate, phytosanitary or health certificate, fumigation certificate, export declaration, or other product-specific record.
The Customer must promptly review drafts and identify errors. Falconidae is not responsible for delay or cost caused by late corrections or inaccurate Customer-supplied information. Electronic copies may be used where lawful and commercially acceptable; original documents will be provided only when agreed or required.
19 Cargo Insurance
Cargo insurance is not included unless the quotation or contract expressly says so. The party carrying transit risk under the agreed Incoterms rule should arrange adequate insurance before risk transfers.
If Falconidae agrees to arrange insurance, we do so subject to the insurer policy, exclusions, deductible, valuation rules, and claims process. Falconidae does not guarantee that an insurer will accept or pay a claim and is not responsible for the insurer acts or omissions, except for our own failure to follow accepted written instructions.
20 Inspection on Receipt
The Customer or consignee must inspect external condition, seals, package count, and visible damage promptly on receipt. Visible shortage or damage should be recorded on the carrier delivery receipt before acceptance where practicable. Packaging, photographs, seal details, weight records, and other evidence must be preserved for investigation.
The Customer must notify Falconidae in writing within 3 business days for visible damage or shortage, 6 business days for apparent non-conformity, and 9 days after discovery for a latent defect. These contractual periods do not override a mandatory legal or transport-convention period.
21 Claims and Remedies
A claim must identify the transaction, affected goods, alleged defect or loss, quantity, value, date discovered, and requested remedy, supported by reasonable evidence such as photographs, inspection records, transport notations, seal numbers, and invoices. The Customer must allow Falconidae and relevant third parties a reasonable opportunity to inspect and mitigate the loss.
Where Falconidae accepts responsibility, the appropriate remedy may be repair, replacement, re-performance, credit, refund, or another commercially reasonable solution. A Customer must not dispose of, alter, resell, or return disputed goods if doing so would materially prejudice investigation, unless required for safety or by law.
22 Returns Cancellations and Changes
International and business-to-business goods may not be returned without Falconidae prior written authorization. An authorized return must follow the stated destination, documentation, condition, and timeframe. Return freight, customs duties, inspections, and handling costs will be allocated according to responsibility for the accepted claim.
A confirmed order may be cancelled or changed only with Falconidae written agreement. The Customer must pay non-recoverable supplier commitments, custom production costs, freight cancellation charges, bank charges, and other reasonable costs already incurred. Deposits are non-refundable to the extent applied to such commitments, except where cancellation results from Falconidae uncured material breach.
23 Service Standard and Warranties
Falconidae will perform services within its control with reasonable care, skill, and commercial diligence. Any product warranty, conformity standard, shelf-life commitment, or fitness requirement must be stated in the applicable transaction documents.
Except as expressly agreed and to the extent permitted by law, Falconidae does not warrant uninterrupted website access, continuous product availability, exact delivery dates, commercial success, or suitability for an undisclosed purpose or destination requirement. Manufacturer warranties may be passed through where available and legally transferable.
24 Intellectual Property
Falconidae or its licensors own the website design, text, photographs, graphics, logo, trade name, documents, and other original materials, except where third-party ownership is identified. You may view and make reasonable internal business use of website material but may not reproduce, publish, sell, modify, scrape for commercial republication, or misuse it without permission.
The Customer warrants that artwork, trademarks, labels, specifications, and other content it supplies may lawfully be used for the transaction and do not infringe third-party rights.
25 Confidentiality
Each party must protect non-public commercial information received through an inquiry or transaction, including prices, supplier and customer identities, specifications, samples, documents, and negotiations. Confidential information may be used only for the relevant business purpose and disclosed only to personnel, advisers, banks, insurers, carriers, contractors, or authorities who reasonably need it and are subject to appropriate duties or legal requirements.
This obligation does not cover information already lawfully known, independently developed, publicly available without breach, or lawfully received from another source. A legally required disclosure is permitted, with prior notice where lawful and practicable.
26 Limitation of Liability
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited, including liability for fraud or wilful misconduct. Subject to that rule and any mandatory transport convention, Falconidae aggregate liability arising from a transaction will not exceed.
To the extent permitted by law, Falconidae is not liable for indirect, incidental, special, exemplary, or consequential loss, or for lost profit, revenue, production, contracts, opportunity, data, reputation, or anticipated savings. Falconidae is not liable for a third party act or omission where Falconidae acted only as agent and exercised reasonable care in selection and instruction.
Carrier, warehouse, inspector, and insurer liability may be limited by their own terms and applicable conventions. The Customer should obtain insurance where these limits are insufficient.
27 Customer Indemnity
To the extent permitted by law, the Customer will reimburse and protect Falconidae and its personnel from third-party claims, fines, duties, penalties, losses, and reasonable costs caused by the Customer false declaration, illegal or undeclared goods, sanctions or customs violation, inaccurate instruction, unsafe Customer-supplied packaging, missing licence, failure to pay assigned charges, or infringement arising from Customer-supplied content.
This indemnity does not apply to the extent a loss was caused by Falconidae fraud, wilful misconduct, negligence, or breach of a non-excludable legal duty.
28 Force Majeure
Neither party is liable for delay or failure caused by an event beyond its reasonable control, including earthquake, flood, landslide, fire, severe weather, epidemic, war, terrorism, civil unrest, embargo, government restriction, border or port closure, customs intervention, carrier cancellation, labour disruption, power or telecommunications failure, cyber incident, or material supply interruption.
The affected party must provide reasonable notice and take reasonable steps to reduce the effect. Obligations are suspended only to the extent affected. If the event continues for more than [INSERT NUMBER] days and materially prevents performance, either party may terminate the affected unperformed portion in writing, subject to payment for goods, services, and non-recoverable commitments already provided or incurred.
29 Website Use
You must not use the website to break the law, submit false or fraudulent inquiries, impersonate another person, transmit malware, interfere with security, gain unauthorized access, harvest personal data, or disrupt the website. Automated access that materially burdens the website or republishes our content commercially is prohibited without permission.
The website may contain links to independent sites. Links are provided for convenience and do not mean Falconidae controls, endorses, or accepts responsibility for third-party content, availability, security, or privacy practices.
30 Privacy and Communications
Falconidae may collect and use contact details, inquiry information, company and consignee details, transaction documents, and technical website data to respond to inquiries, assess transactions, provide services, complete compliance checks, coordinate with relevant third parties, maintain records, protect security, and meet legal obligations.
Personal information may be shared with suppliers, carriers, brokers, banks, insurers, inspectors, professional advisers, service providers, and authorities where reasonably necessary and lawful, including across borders. More information should be provided in a separate Privacy Policy published alongside these Terms.
By providing a business email address or telephone number, you authorize transaction-related communications. Marketing messages will be sent only where permitted, and recipients may opt out of marketing without affecting operational communications.
31 Suspension Termination Governing Law and Disputes
Falconidae may refuse or suspend service for overdue payment, missing documents, safety concerns, suspected fraud, compliance risk, abusive conduct, unlawful instructions, or material breach. Where goods are already in transit or storage, the parties remain responsible for unavoidable charges and lawful instructions needed to protect the goods.
These Terms and non-contractual matters connected with them are governed by the laws of Nepal, without prejudice to mandatory laws that must apply. The parties will first attempt in good faith to resolve a dispute through written negotiation for [30] days after notice.
32 Notices
Routine communications may be sent to the business contact details used in the transaction. Formal claims, termination notices, and legal notices must be sent in writing to the addresses stated in the applicable contract or, if none, to the official contact details published with these Terms. A bank-detail change is effective only after the verification described in Clause 9.
33 Changes to These Terms
Falconidae may update these website Terms prospectively by publishing a revised version and effective date. The version accepted when a transaction was confirmed continues to govern that transaction unless the parties agree otherwise or a mandatory legal change applies.
34 General Provisions
These Terms and the applicable transaction documents form the entire agreement on their subject matter and replace prior inconsistent discussions. A failure to enforce a right is not a waiver. If part of these Terms is invalid or unenforceable, the remaining provisions continue to apply to the fullest lawful extent.
The Customer may not assign a confirmed transaction without Falconidae written consent. Falconidae may subcontract performance and may assign to an affiliate or successor as part of a lawful business transfer, while remaining responsible to the extent required by the applicable contract and law. No partnership, employment, joint venture, or fiduciary relationship is created unless expressly agreed.
Payment, confidentiality, intellectual property, claims, liability, indemnity, and dispute provisions survive completion or termination to the extent necessary. If these Terms are published in English and Nepali, Nepali controls in the event of an inconsistency, subject to applicable law.