TERMS & CONDITIONS (Export / B2B)
Website operated by: Pureon EIRL, trading as Andean Taste
RUC: 20615253228 — Lima, Peru
1) Definitions
“Buyer” means any business entity requesting a quotation, placing an order, or receiving goods/services.
“Goods” means ingredients supplied (superfoods, dehydrated fruits, powders, etc.).
“Services” means coordination of processing (drying, milling, manual packing) performed by third parties or partners under agreed scope.
2) B2B Only
Andean Taste is not retail, not e-commerce, and does not sell to consumers. Buyer confirms they act for business purposes.
3) Quotations (Non-binding)
Quotations are indicative until confirmed in writing and may depend on: crop seasonality, availability, third-party capacity, and final specs approval. Prices may change prior to acceptance.
4) Orders, Confirmation, and Priority of Terms
An order is binding only when Andean Taste issues a written Order Confirmation and Buyer fulfills any required advance payment.
These Terms prevail over Buyer purchase terms unless Andean Taste explicitly accepts them in writing.
5) Payment, No Set-off, Banking Charges
Payment terms are as per quotation/proforma.
Buyer may not withhold, set-off, or deduct payments for disputes, bank fees, or intermediary charges. All receiving charges must be borne by Buyer.
6) Incoterms / Risk Transfer
Unless stated otherwise, transactions operate under Incoterms® (latest ICC version), typically EXW or FOB .
Risk transfers strictly according to the agreed Incoterm.
7) Specifications, Natural Variability, and Samples
Goods are natural agricultural products; color, taste, particle size, moisture and microbiology may vary lot-to-lot within agreed tolerances.
Pre-shipment samples, photos, COA or lab results (when provided) are representative and do not guarantee identical outcomes in Buyer’s formulation unless expressly agreed.
8) Buyer Compliance Responsibility (Import / Label / Claims)
Buyer is solely responsible for: import permits, registrations, labeling, local food law compliance, and suitability for final use in the destination country.
9) Certifications and Claims (No Assumptions)
Andean Taste only commits to certifications (Organic, Kosher, etc.) if explicitly stated in the Order Confirmation. No implied certifications.
If Buyer requires a certification or specific standard, it must be written into the order.
10) Allergen and Cross-Contact Disclaimer (Critical)
Unless explicitly stated, Goods may be processed/packed in facilities handling allergens. Buyer must request allergen statements and requirements in writing.
Any allergen information provided is based on available documentation and facility statements (not a blanket guarantee). (Good practice aligns with industry allergen risk approaches.)
11) Inspection, Acceptance, and Claims Window (This saves you)
Buyer must inspect Goods immediately upon receipt.
- Visible damage / quantity issues: notify in writing within 48 hours with photos and carrier report.
- Quality claims: notify within 7 calendar days of receipt with sealed retain samples and objective evidence.
If Buyer fails to notify within these windows, Goods are deemed accepted.
12) Storage and Handling After Delivery
Once risk has transferred (per Incoterm), Andean Taste is not responsible for deterioration caused by transport conditions, storage, humidity, pests, temperature, or handling by Buyer or carriers.
13) Returns / Chargebacks
Returns are only allowed with Andean Taste written authorization. No unilateral chargebacks.
14) Delays and Third-Party Performance
Estimated lead times are not guaranteed. Delays due to third-party processors, logistics, port congestion, inspections, or force majeure do not constitute breach.
15) Force Majeure
No liability for events beyond reasonable control: crop failure, supply disruptions, governmental actions, strikes, port congestion, shipping delays, etc.
16) Product Recall / Regulatory Actions (You need this)
If a recall/regulatory action is caused by Buyer’s labeling, storage, handling, formulation, repacking, or use outside agreed specs, Buyer bears all costs and must indemnify Andean Taste.
If a recall is directly caused by a proven defect attributable to Andean Taste within the claims window, Andean Taste’s responsibility is limited as per Section 17.
17) Limitation of Liability (Hard cap)
To the maximum extent permitted by law:
- No liability for indirect, incidental, punitive, special or consequential damages (lost profits, business interruption, etc.).
- Total liability is capped at the invoice value of the affected Goods/Services.
(Industry-standard approach.)
18) Indemnity by Buyer (Stop them from shifting risk to you)
Buyer agrees to indemnify and hold harmless Andean Taste from claims arising from:
- Buyer’s labeling, marketing claims, repacking, blending, processing, formulation
- Destination-country regulatory noncompliance
- Misuse or use outside agreed specs
19) Title Retention (Optional but useful)
Title may remain with Andean Taste until full payment is received, where legally applicable.
20) Confidentiality
Commercial terms, pricing, and documents shared during negotiations may be treated as confidential unless public or required by law.
21) Governing Law and Jurisdiction
Governing law: Peru.
Disputes: courts of Lima, Peru, unless Andean Taste agrees otherwise in writing.
22) Severability / Entire Agreement / Updates
If any clause is invalid, the remainder remains effective.
These Terms may be updated; the version effective at Order Confirmation applies.
