Chintech Purchase and Buying Conditions
(1) Definitions. “Buyer” means the person, firm or company named in the issued invoice of Seller. “Buyer” means Chintech Company , registered in China . “Products” and/or “Services” means the articles or services of any of them described in issued invoice of Seller.
(2) Variation. Any variation of these conditions in any document of the Seller is inapplicable unless accepted in writing by the Buyer.
(3) General. All products are sold and services supplied subject to the following terms and conditions and insofar as they may be excluded all other liabilities, Seller Sales conditions, guarantees, warranties, terms, undertakings and representations, express or implied statutory or otherwise are hereby expressly excluded and unless previously agreed in writing by Buyer’s Managing Director (i) no verbal written of other addition hereto or variation or waiver hereof shall be effective and (ii) in the event of any conflict or inconsistency between these conditions and the terms of any order these Purchase and Buying conditions shall prevail.
(4) Validity. Quotations and offers of Seller are open for acceptance within maximum two days only from date thereof and are subject to confirmation in writing at the time of such acceptance. The right is reserved to withdraw any quotation or offer at any time either verbally or in writing and no liability whatsoever shall be incurred by such withdrawal.
(5) Cost Variation. Seller quotations are based on the current costs of production and are subject to amendment on or at any time after acceptance to meet any fall in such costs. We reserve the right to complete a customer’s order within plus or minus five per cent of the quantity called for and such a quantity within this percentage to be accepted whether follow on orders are imminent or already placed.
(6) Delivery and Delay.
a. Delivery may be subject to delay and if delay arises from circumstances NOT beyond the control of the Seller or their suppliers the Seller accept the liability whatsoever for delay or for any loss or damage resulting there from howsoever caused.
b. Orders may be cancelled on the grounds of any delay except by mutual agreement and time for delivery shall be extended by the period of delay, but if the period of delay exceeds one calendar week, then the Buyer can cancel the order.
c. Time shall not be of the essence in relation to delivery unless agreed in writing between the parties.
d. Cancellation of order can be accepted without consent and no terms that indemnify Buyer against loss.
(7) Claims. Claims arising from non-conformance of quality demanded by the Buyer specification will be handled by Seller accordingly. For those claims with unspecified Quality Standards will be handled by Seller According to quality standards that Buyer uses or specifies before as well as after any claim occurs..Any damage, delay or partial loss of goods in transit must be made in writing to from Buyer to Seller.
(8) Buyer’s Property and Property Supplies.
a. Buyer’s property and all property supplied to Seller by or on behalf of the Buyer will be held at Seller’s risk.
b. Every care will be taken to secure the best results where materials or equipment are supplied by Buyer, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of such materials or equipment.
c. Where the Buyer supplies materials adequate, quantities shall be supplied to cover spoilage.
(9) Payment. The total value of the invoice is payable in advance or otherwise agreed in writing by Seller other payment terms. If the invoice is not paid four weeks after the due date of agreed payment term, interest shall be charged and the cost of incasso will be for Buyer to pay.
(10) Preliminary Work Work produced whether experimentally of otherwise at Buyer’s request will be charged for.
(11) Special Delivery. Should Special Delivery be agreed and necessitate overtime, extra delivery or other additional costs, an additional Charge may be made. Otherwise Postage, Packing and Carriage are included. In case the payment terms is Free On Board (FOB) Hong Kong or other China port ,any request of Buyer to Seller using extra transport will be for Buyer to pay for the cost, unless Seller agrees beforehand in writing to absorb the transport cost from Hong Kong or China port to the Buyer.
(12) Liability. Seller shall be liable for indirect or consequential loss for any loss to customer arising from claims occasioned by Seller’serrors in carrying out the work or by delay in delivery. In particular, Seller understand that he can accept consequential claims on components cost, assembly cost, assembly setup cost, travel cost, legal expenses, any value-added cost, etc.. Seller also accept responsibility for the performance of Seller’s products or for any loss occasioned thereby.
(13) Force Majeure. Every effort will be made to carry out the contract but its due performance is subject to cancellation by or to such variation as we may find necessary as a result of inability to secure labor, materials or supplies or as a result of any Act of God, War, Strike, Lock-out or other labor dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond Seller’s control.
(14) Title of Goods.
a. Until the full purchase price is paid to the Seller the title in the goods shall remain property of Seller and failure to pay any part of the purchase price in full or comply with any provisions hereon shall give the Seller the right to take possession of the goods without liability and at its option to avail itself of any legal remedy in addition to re-possessing to goods.
b. The risk of loss or damage shall be the Seller as before the date of delivery of the goods at the site nominated by the Buyer.
(15) Seller’s sales conditions. Unless Buyer has agreed to Seller in writing, Buyer does not accept any sales conditions of Seller. No matter such sales conditions of Seller is referenced elsewhere or explicitly mentioned in the invoice, this will not constitute that Buyer agrees with such sales conditions. Buyer will not inform Seller disagreement of Seller Sales conditions even when Seller send at their own interest the Sales conditions together with Seller’s invoice. Buyer provides Seller Order inside which our Purchase and Buying conditions will be specified and will be applied, no matter Seller has specified or attached their Sales Conditions with their later invoice. We assume Seller understand and have read our purchase and buying conditions ans should inform Buyer to decline Buyer’s Order if Seller finds herself NOT be able to follow such conditions.
Agreement between Seller and Buyer / Law. Any points not mentioned in any agreement between Seller and Buyer, this Buyer Purchase and Buying conditions will be applied. Any agreement between Seller and Buyer shall in all respect, including this document , shall be governed and constructed in accordance with Law of Hong Kong . Location to settle legal cases is in Hong Kong.
Revised 1st September, 2011.