Terms and Conditions
This Document is an Electronic Record as defined in the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time. This electronic record being generated by a computer system, does not require any physical or digital signature and shall be binding on the parties to it upon the User clicking on the ‘Agree’ button.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The domain name evolve.hzlmetals.com and the online metal purchasing portal EVOLVE (hereinafter "the Portal") is owned by Hindustan Zinc Limited, a company incorporated under the Companies Act, 1956 with its registered office at Yashad Bhawan, Swaroop Sagar, Fateh Sagar Road, Udaipur – 313004, Rajasthan, India (hereinafter, "HZL"). The person using the Portal for the services offered by HZL on it has been referred to as "the User".
The following terms and conditions shall apply to all future sales, deliveries, services and quotations in relation to the transaction on the portal, even if no express reference to these terms and conditions has been made. Any contrary terms and conditions of purchase shall not apply, and shall be binding upon HZL only if they have been expressly accepted by HZL. Even if HZL makes reference to any letter containing, or referring to, terms and conditions of the customer or any third party, this shall not constitute consent to the application of such terms and conditions. If any individual provisions are or become ineffective, the other terms and conditions shall not be affected hereby.
These terms along with the other terms, conditions and policies as applicable to the User shall form part of the agreement for sale between the User and HZL and any reference to the terms ‘Agreement’ or ‘Contract’ shall cover all the terms, conditions and policies as applicable to the User.
1. The Portal
1.1 The Portal shall be operated from the domain name evolve.hzlmetals.com and the authorized administrators appointed by HZL shall have the rights to operate, manage, switch on and off the Portal.
1.2 The Portal’s transactional working hours shall be 0930 hours IST to 1730 hours IST on London Metal Exchange (hereinafter "LME") working days. Transactions shall not be allowed to be made on the portal on the days when LME is not working. However, notwithstanding the above, HZL may turn the portal ON or OFF at any time, for activities including but not limited to maintenance of the portal
2. Conditions for Registration
2.1 Registration shall only be allowed for persons/entities having a registered and active GST number, which shall be provided at the time of registration, along with a copy of the certificate
2.2 At a time, registration can be done for the purchase of one metal only, whereby, the User at the time of registration shall specify the metal for which the registration is being obtained. In case more than one metals are sought to be purchased, the User will have to make fresh registrations in each instance, and select the relevant metal at the time of each fresh registration.
2.3 After provisional registration and till the completion of physical verification by way of Know Your Customer (KYC) exercise, every User shall only be allowed to transact for value up to Rs. 50,00,000 (Fifty Lakhs) for the selected metal.
2.4 The KYC shall be completed in the following manner –
2.4.1 The User shall be asked to fill in all the following details at the time of registration on the Portal – a. Name of the organization b. Address c. Business Category (Customer Classification) d. Business Segment (Customer group) e. State f. City g. Postal Code h. Phone no i. Email id j.Country k. GST No. l. PAN No. m. Bank Details n. Contact Person o. Manufacturing License in case of OEM p. Choice of Metal for which registration is sought
2.4.2 Once all the details have been filled in, HZL will validate the preliminary information and will allow a provisional registration of the User.
2.4.3 Once such provisional registration is complete, the User will be able to transact for a maximum value of INR 50 lakhs, pending physical KYC.
2.5 The User shall not be allowed to edit any information on his profile after completion of provisional registration until the KYC has been completed.
2.6 Upon successful provisional registration, the User shall receive a login id and password, along with a virtual account number, which shall be used for the transactions with HZL on the portal. User This virtual account number shall be used for all monetary transactions between the User and HZL.
2.7 If the User has made any request for editing the information as uploaded on the portal, s/he shall not be able to transact and the purchase or buy now options on the portal shall remain disabled for such User till the pendency of edit request. A User shall not be allowed to edit any information as uploaded on the portal during the pendency of a purchase order and all edit requests shall only be recorded when there is no transaction pending User.
4. Guidelines for placing orders
4.1 Quantity: The quantity of metal to be purchased shall be provided as per below conditions.
- a. For Zinc, the minimum order quantity shall be 1 metric tonne and the requisite quantity shall be filled in multiples of 1.
- b. For Lead, the minimum order quantity shall be 1 metric tonne and the requisite quantity shall be filled in multiples of 1.
- c. For Silver, orders can be placed for
- i) 1 kg bar where minimum order quantity shall be 1 kg and requisite quantity shall be filled in multiples of 1;
- ii) 30 kg bar where minimum order quantity shall be 30 kg and requisite quantity shall be filled in multiples of 30.
- d. For Silver powder, the minimum order quantity shall be 5 kg and requisite quantity shall be filled in multiples of 5.
4.2 Inventory Management: HZL deals in metals by making bundles of ingots and due to such bundling, the quantity of metal allotted may differ from the quantity as requested by the User. Quantity in such bundles may vary during the time of stock allotment and the deliverable quantity shall be rounded off as per the batch allotted by the system and the User’s request.
4.3 Order Placement: The User shall choose the product (metal) type as per requirement and select the warehouse after which the User will be shown the details for the selected product, such as the live price per metric tonne/kg in INR, price range, option to add shipping address and ‘out of stock’ if the selected product is not available. After filling the details as above, the User will be redirected to the cart page, where the live price of the selected metal will be displayed. The User shall fill/edit in the desired the quantity, at which stage he will be shown the approximate price of the desired quantity of metal as of that minute as per the HZL’s assessed market price. Owing to the fact that the pricing is live, it may be subject to change at the final time of purchase in direct consonance with the changes in assessed market prices. The order confirmation button will be enabled for the User only if he/she has sufficient excess balance as per the ledger linked to the virtual account number. If the amount reflected through the ledger linked to the virtual account number of the user is insufficient to cover the cost of the order, he/she will be unable to place the order until the deficit is met by means of further deposits. The order shall be confirmed by the User at the price existing at the precise time of clicking on the “Check Out and Confirm” button. The User shall be shown the price at which the order was confirmed and the time of confirmation.
4.4 Confirmation of Order: When the User clicks on the “check out and confirm” button on the cart page and the order has been acknowledged as confirmed through an automated message/dialog on the portal at the price as recorded as per clause 4.3, the same shall be deemed to be an agreement for sale between HZL and the User as per these terms and the GTCs as available on the portal. The agreement so entered by the parties, HZL and the User, shall be binding and irrevocable, except as provided in the GTCs.
4.5 Indemnity: The User shall be responsible for the correctness of the information uploaded/provided on the portal and any mistake or misinformation in the User information or at the time of placing the order shall be the sole responsibility of the User and HZL shall not be liable for any loss, costs accruing to the User arising out of it. HZL shall not be liable to refund the contract price for wrongly placed order. Further, the User shall be liable to pay any costs incurred by HZL due to non-delivery, wrong order or other acts or omissions on part of the User while registering or placing the order which lead non- performance of contract where HZL has performed its obligations under the Agreement.
4.6 Feedback: All complaints pertaining to the quality of metal shall be made within 7 days from the date of lifting of the products from HZL warehouse along with complete invoice and batch details, any consumed will not be entitled for any claims. Upon receiving a quality complaint, a team from HZL shall visit the User’s premises and the material shall be examined by HZL quality team. If the quality complaints are found to be correct and it is found that the quality of the product so delivered is not up to HZL standards, the HZL team shall issue a credit note to the User for the quantity of the material to be returned. The credit note shall be only for the value of the material to be returned and value of the material already consumed by the User shall not be included in the credit note.
5. Order Review
Upon confirmation, the User shall be able to view the necessary details of the order namely Order ID, product name, warehouse, shipping and billing address, price per metric tonne/Kg in INR, quantity requested, quantity allotted, final price as per allotted quantity, tax amount, total purchase price inclusive of applicable taxes.
The cart page shall show different orders placed by the User along with the relevant details including order id, order price and quantity.
6.1 The User shall be responsible for collecting, lifting and transporting the purchased products to its respective desired location along with all the costs associated with the said activities. However, after confirmation of the order, the User shall be required to provide details of the vehicle(s) it employs for lifting the products. HZL shall issue e-way bill as per the details of vehicles provided by the User. All sales will ex depot sales only. Freight, insurance etc. will be buyer’s account
6.2 The User shall lift the purchased quantity within 3 HZL working days from the date of confirmation of order, before 5 pm on such days.
After making a purchase, the User may either opt to retain the balance amount in the virtual account for future purchases or opt to have it refunded into his registered account linked to HZL, details of which were provided at the time of registration on the Portal. When such request for refund is received, it shall be processed within 7 HZL working days after due verification by HZL. The refund amount shall be deposited to the account registered by the User with HZL. HZL shall be rightful to deduct any monies that may be due from the User to HZL, before initiating the refund.
8. Account Statement
The User shall be able to view all details pertaining to its account namely, order history, profile info, manage Users, support tickets, and shall be able to view and download ledger details, packing list, invoices and quality certificate.