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The
Paper Trade Customs, as revised and reviewed,
is the result of the joint efforts of the FPTA
and the Joint Committee of Paper Industry (JCPI).
The publication represents a distinct landmark,
and a concrete achievement through interface
dialogue between the working group of FPTA and
JCPI.
Recently
a meeting was held at Bangalore for revising
the customs, attended by the members of FPTA
and Industry. Read the
points discussed and taken up during
this important meeting.
I.
Nomenclature
A.
Printing and Writing Papers :
a)
Creamwove / white wove paper
b) Maplitho Paper
c) Maplitho Paper (SS)
d) Duplicating
e) Cover Paper
f) Art Paper
g) Chromo Paper
h) Account Book Paper
i) Azure laid /Ledger Paper
j) Coating Base Paper
k) Plain Copier Paper
l) Bond Paper
m) Drawing Paper /Cartridge paper
And all other papers as are primarily manufactured
for
Printing / or writing.
B.
Packing & Wrapping Papers :
a)
Sack Kraft Paper /Semi Kraft Paper / Corrugated
Media Absorbent Kraft Paper
b) Kraft Paper
c) Manila Paper
d) M.G. Poster Paper ( White / Color)
e) Tissue Paper
f) Vegetable Parchment Paper
g) Greaseproof /Glassine Paper
And all other papers as are primarily manufactured
for packing and wrapping purposes.
h)
Kraft Liner Board
i)
Test Liner Board
C.
Paper Boards :
a)
Art Board (both side coated)
b) Chromo Board (One side coated, Enamel Board)
c) Black Centered Board
d) Duplex Board (Plain)
e) Duplex Board LWC
f) Duplex Board HWC
g) Duplex Board Gray back
h) Duplex Board White back
i)
Triplex Board
j) Mill Board
k) Gray Board
l) Straw Board
m) MG / MF Board (includes Ticket/Tag/Post card
Boards)
n) Folding Box Board
o) SBS Board
p) Pulp Board
D.
Specialty Papers :
a) Crepe Tissue and Soft Tissue
b) Airmail/Manifold Paper
c) Bank Paper
d) Bible Printing Paper
e) Parchment Paper
f) Cast Coated Paper & Board
g) Cigarette Paper /Cigarette Tissue
h) Automotive Filter Paper
i) Laminating Base Paper
j) Security Paper
k) Cheque Paper / MICR Paper
l) Fluorescent Paper /Board
m) Ivory Board /Brief Card
n) OTC Base /Carbonizing Tissue Paper
o) Electrical Grade Paper
p) Yellow Interleaving Paper
And all other paper that are primarily manufactured
for special purposes.
II.
Conditions of Sale :
1.
By weight, whether put up in sheets or reels.
a.
per ream, based upon nominal weight including
weight of wrappers.
b. Per reel based upon actual weight
including weight of wrappers, end cores, as
detailed under clause IV.
III. Marking
:
The outside wrapper of each ream shall be marked
with nominal weight, number of sheets, size
in centimeters, substance, grain direction,
lot number and date of manufacture, variety
/nomenclature and grade and the name of the
paper mill. The label should also carry any
other markings as required under the Standards
of Weights and Measures Act, 1976 and the standards
of Weights and Measures (Packed Commodities),
Rules, 1977.
Reams:
Papers & Boards as detailed in item I(A)
(B), (C), & (D).
A
ream shall consist of 500 sheets only in case
of paper the packing could be 1/2 Ream,1/4th
Ream, in case of board the ream will consist
of 500 sheets and packing could be ½,
¼, 1/5th, 1/10th. The reams should be
so packed in bundles that the weight of each
bundle should not exceed 65 kg. Weight of each
ream should not exceed 25 kg.
IV.
Wrappers :
The
chargeable weight shall include the weight of
necessary ream and reel wrappers, strings and
in the case of reels, cores (excepting that
of plugs) and side discs of wrapper / board
Edge protectors.
V.
Variation :
1.
Substance: Unless otherwise agreed,
tolerance of +/- 2.5% and +/- 5% in substance
will be applicable to paper and board as indicated
below:
a)
+/- 2.5% in the case of A, B & D.
b) +/- 5% in the case of C.
For the purpose of determining the tolerance
in substance, random samples in the minimum
size of 25 X 25 cm shall be taken and tested
as per IS : 1060 Part I. The average substance
of 10 random sheets so tested should not vary
more than + / - 2.5% or + /- 5% of the declared
actual substance as the case may be.
2.
Weight: Wherever supplies are made
in reams on national weight basis, the average
variation in weight shall not exceed either
way:
a)
+/- 2.5% in the case of A, B & D.
b) +/- 5% in the case of C.
In case of variation beyond these tolerance
limits, the actual weight and or nominal weight
which ever is less shall apply.
3.
Measurement:
(a) The variation of measurement in sheets must
not exceed 0.5% either way above or below the
declared measurement. Where 0.5% is less than
3 mm the maximum tolerance shall be +/- 3 mm
and where 0.5% exceeds 5 mm the maximum possible
tolerance shall be +/- 5 mm.
(b) Width of reels shall not vary more than
0.5% with a maximum permissible tolerance of
+/- 5 mm.
VI. Retree :
Upto
10% of the total order can be supplied in retree
quality and such supplies will be subject to
usual rebate for retree quality as per each
mill's policy or as mutually agreed. The uniform
marking for retree Quality shall be "XX".
VII.
Special Markings :
For
manufacture and supply of special size, substance,
watermark, tint etc., terms shall be as is mutually
agreed to by the paper mill and buyer.
VIII.
Materials :
Unless
expressly agreed to in writing, the paper mill
shall be free to use their discretion in the
selection of material input for manufacture.
IX.
Dandy Rolls and Moulds :
Any
buyer requiring a special watermark shall provide
the roll or moulds free of charge to the paper
mill. The condition governing the issue of such
special dandy or mould shall be as is mutually
agreed in writing between the paper mill and
buyer.
No
special dandy or mould supplied by the buyer
can be destroyed until the buyer has been given
an opportunity to redeem the same.
X.
Deliveries :
1.
All orders for special as well as ordinary goods,
shall be deemed to be properly fulfilled if
the quantity supplied is within the following
limits:
Upto but not exceeding 1 tonne +/- 15%.
Above 1 tonne but not exceeding 5 tonnes +/-
10%.
Above 5 tonnes +/- 5%.
2.
Deliveries may be suspended or cancelled in
the event of:-
a)
Force Majeure: Any contingency arising beyond
the control of the seller or buyer such as act
of God, War, riot, strike, lockout, civil commotion,
fire, flood, drought, interruption of transport,
interruption of power or water supplied to the
paper mill, act of Government etc.
b) Any accident and/or damage whether partial
or total to the premises, machinery, etc. during
such time as may be required to make good repair
such accident or damage.
3.
The seller or buyer, as the case may be, shall
give to the other party immediate notice of
the cause of such suspension /cancellation as
the case may be.
4.
In the case of suspension of deliveries, the
same shall be resumed as soon as it is practicable,
after giving due notice to the buyer, of his
intention to resume supplies.
5.
If the suspension of deliveries shall continue
for a period of more than two months from the
commencement of such suspension or interruption
of deliveries either party may, by notice in
writing to the other, cancel the portion of
the order affected by the suspension.
6.
Goods in transit, at the time of any notice,
as aforesaid being given by the buyer, must
be accepted by the buyer not withstanding such
notice.
7.
In the case of orders/contracts for delivery
in installments each delivery shall be considered
as a separate contract.
8.
The goods or any portion thereof, are not dispatched
within fifteen days of the promised dispatch
date given by the mills, customers will have
the option of canceling the same, by intimating
in writing to the effect to the mills within
fifteen days of the promised date but if no
such notification of cancellation is received
by the company, the goods will be dispatched
and the buyer must take delivery provided, however,
that if the goods or any portion thereof from
unavoidable causes such as want of accommodation
on railway or strikes of operatives of carrier,
accidents, mill breakdown or any other case
of force majeure, are dispatched late, buyers
must accept them if dispatched within two months
of the date stipulated whether the company has
notified buyers or not.
9.
Mills shall issue order confirmation and specify
date of delivery. In absence of any delivery
period it would be assumed that delivery will
be within six weeks of confirmation by mills.
XI.
Delayed Deliveries :
1.
Specifications of markings (along with sample
in case of special grades or orders) shall be
sent to the seller in reasonable time but not
later than eight weeks before the due date of
delivery required by the buyer. If the paper
ordered /contracted for acceptance, by ready
for delivery on the specified date, and the
buyers does not take delivery when requested
by the seller to do so, whole of the delivery
be not ready, the seller may invoice such portion
of the order as is ready, unless a fixed date
for delivery for the whole is agreed to between
the buyer and the seller. In case samples are
not received in time, the supply will conform
to the mill's normal specifications for similar
quality.
2. Paper and board stores at the mill beyond
the agreed date of dispatch shall be subject
to a rental as is determined by the mill. The
maximum period of storage shall be four weeks
from the date on which goods were scheduled
for dispatch, as mentioned aforesaid, and the
seller shall thereafter have the right to dispose
of the stored material at the risk of the buyer.
3.
Where the material mentioned in X(1) above is
dispatched to the buyer does not take delivery
thereof the transaction shall be deemed to have
been repudiated by the buyer and the seller
shall have the right to dispose off the stores
at the risk of the buyer.
XII.
Claims :
a)
The customer shall not withhold the payment
because the complaint has been lodged.
b) Claims on any goods, whatsoever must be made
in writing within 30 days from the receipt of
goods, but this is not to operate where defective
quality cannot reveal itself during this period.
In such cases claims for defective quality must
be lodged in writing within six weeks from the
receipt of the goods. In all cases of defective
goods claims must be settled only on the quantity
produced for inspection. In certain cases depending
upon the nature of claim it shall be necessary
to produce bundles or reams or reels in original
packing for inspection before consideration
of claim. The claim would be settled only on
the basis of intact and defective goods made
available for inspection.
c) Mills should acknowledge the receipt of complaint
within 7 days from the date of receipt of letter
of complaint. Till then the buyer shall carefully
store the goods in the warehouse.
d) Goods under complaint should be inspected
within 3 weeks from the receipt of complaint
by an authorized representative of the mill.
e) Inspection should be carried out and a copy
of the inspection report duly signed by all
parties shall be given wherever practical to
the parties concerned.
f) Final settlement of claim amounts and payments
should be made within 30 days from the date
of inspection.
g) If an order is executed in successive lots
of delivery, each delivery shall be treated
as a separate contract and claims or disputes
about one delivery shall not affect the balance
of the contract.
XIII Contracting
Out :
Any or all these terms may be varied
or made inapplicable by the terms of any specific
Contract.
XIV Arbitration
:
All
disputes arising under any order or contract
shall be submitted to arbitration as per Sub-clauses
8 of clause XV.
XV Other Terms
:
1.
All contracts are deemed to be entered into
at the head office/registered office of the
Mill concerned. The seller may call for payment
at any of their office suiting their convenience.
2.
Delivery of goods which may arrive at the buyer's
station must be taken and buyer must accept
railway receipt or lorry carrier note and/or
mill draft/bill as correct without further proof
of correct dispatch.
3.
Each delivery under a contract is to be considered
a separate contract. The date for payment specified
in the terms are of the essence of the contract.
If the buyers fail to pay on the due dates for
payment the company will be entitled (a) to
treat such failure as a repudiation, (b) to
repudiate further performance of all deliveries
to be made under the indent, and (c) to claim
damages forthwith for the breach of the contract
in respect of all deliveries.
Further,
if the buyers fail to pay on the due dates under
any indent, the company will be entitled to
stop supplies under other indents and claim
damages, including interest at the discretion
of the mill
4.
Indent or portion of same, to be considered
executed as soon as placed on rail or lorry
at Mill siding, on board steamer and rail or
lorry receipt or shipping documents obtained.
The company is not be held responsible for any
delay in transit by rail, road, or river/sea
to buyer's station or port.
5.
Qualities to be as near as possible to those
of the company's current standards unless otherwise
contracted for, or mandatory under any act of
Government of India.
6.
Railway receipt or lorry carrier note, bill
of lading shall be proof of date of dispatch.
7.
Notice from one party of the other shall be
deemed to have been duly delivered if left at
the other's last known place of business or
if posted in a registered cover addressed to
the other at such place.
8.
All disputes whatsoever arising on or out of
or in connection with or arising in any way
with any contracts /indents /order acceptances
for supply of the goods by the seller paper
Mill to the buyer, shall be referred to a mutually
agreed party and or parties or if not then referred
jointly to Paper Mills Association and Federation
of Paper Traders Associations of India.
9.
All risks and responsibilities of the paper
mill shall cease as soon as goods are handed
over to the authorized carriers.
10.
Buyers shall accept and pay for all goods dispatched
against orders.
11.
Time of shipment and/or delivery is to be understood
relating to manufacturers railhead or port of
shipment and with reservation against delay
of the availability of bookings or scheduled
shipping opportunity. Where a date for time
of delivery is qualified by the words about
or approximately or some similar expression,
it shall mean that the seller mill is allowed
a margin of four weeks either way, any how with
the reservation against delay of rail booking
availability or scheduled shipping opportunity.
12.
Where goods are sold c.i.f. insurance shall
cover the amount of invoice only, unless the
buyer within reasonable period of time, before
shipment, shall have requested the seller to
issue for a large amount, in which case the
premium on the excess value shall be to the
account of the buyer.
13.
Any duties or other public charges imposed by
any country into which goods are imported, shall
be borne by the buyer and any such charges by
the exporting country shall also be to the account
of the buyer.
14.
Legal prohibitions subsequent to the conclusion
of the contract affecting the import of goods
into the importing country shall entitle the
buyer to cancel the order, except as to goods
which are due for delivery not more than two
months from the said event and which are already
in the course of manufacture or shipment/transit.
15.
Mills should insure goods for transit risk and
recover the premium from customer, unless otherwise
agreed.
To
get a copy of The Paper
Trade Customs, kindly contact the
FPTA's office :
401-A, Commerce
House, 140 Nagindas Master Road, Mumbai - 400023.
Or send the requisition form online.
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