Chintech Sales Conditions
(1) Definitions. “Buyer” means the person, firm or company named in the issued invoice of Seller. “Seller” 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 Buyer is inapplicable unless accepted in writing by the Seller.
(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, buyer purchase conditions, guarantees, warranties, terms, undertakings and representations, express or implied statutory or otherwise are hereby expressly excluded and unless previously agreed in writing by seller’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 conditions shall prevail.
(4) Validity. Quotations and offers are open for acceptance within thirty 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. Quotations are based on the current costs of production and are subject to amendment on or at any time after acceptance to meet any rise or 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 beyond the control of the Seller or their suppliers the Seller can accept no liability whatsoever for delay or for any loss or damage resulting there from howsoever caused.
b. Orders may not 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 three calendar months, then the Buyer may be giving notice to the Seller to 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 only be accepted with consent of Seller and no terms that indemnify Seller against loss. Seller will not be held responsible for any consequence due to cancellation action of Buyer.
e. After cancellation of order by Buyer, Seller has all the right to dispose, destroy the unfinished part, no matter Buyer has paid or not paid the cancellation charge. This is to avoid Buyer to re-use unfinished parts creating liability problem due to re-processing by third party on our unfinished parts. For the same reason, Seller will never send any unfinished parts to Buyer after cancellation.
(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 Seller uses or specifies before as well as after any claim occurs.. In particular for pcb product, the Quality Standard of ipc-600G (class 2 if not other class is specified by Buyer) will be used as the acceptance quality standard of Buyer. No other quality standard nor any test specification of non-ipc and ipc (including ipc TM650) will be accepted. Similarly for PCB assembly product , Quality Standard of IPC-610 is used. Any damage, delay or partial loss of goods in transit must be made in writing as well as pictures showing the non-conforming details and these must be reach to us within thirty days after arrival and claims for non-delivery within forty days of dispatch of goods.
All Seller invoices must be paid according to the payment terms as agreed if no claim is received within thirty days of delivery.Seller is allowed to assign a Test Institute world-wide (most of the case is a Test Institute in China) and the conclusion of the Test Institute is final, which means Buyer is not allowed to over-rule the results of the Test Institute. In case the Test Institute Report declares negative conclusion of the said claim(s) from the Buyer, then Seller is allowed to ask Buyer to settle the invoices within 10 days ,after which the seller is allowed to do the process but all the extra cost and interest will be from Buyer. Seller is not responsible for any cost or claims on any re-work or delivery of products which is not manufactured by Seller. Buyer is not allowed to hold up payments of other parts and Seller has the right to use excuses of Quality claims for certain parts in case Buyer delay the payments to seller for more than two weeks.
(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 Buyer’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 and payment terms. 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 one month (30 days) after the due date of agreed payment terms, interest shall be charged and the cost of incasso will be for Buyer to pay. Moreover, if Buyer fails to pay any invoice two months (60 days) after the due date of agreed payment term, then all shipment and production will be on hold and all payment terms will be cancelled and Buyer has to pay all the overdued invoices before Seller can resume production. Seller has the right to destroy unfinished goods in case Buyer has decided to cancel orders on hold of production. In case of payment term using Letter of Credit, Seller has the right to change to Payment in advance or other payment term at Seller’s wish if Buyer fails to pay for whatever reason. Seller can cancel the said Letter of Credit and send the documents (Example: Bill of Lading) to Buyer and Seller can start chasing Buyer to pay not only the whole amount but also other cost like: the incasso cost ,the interest, exchange rate losses, plus any other cost involved.
(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 not be liable for indirect or consequential loss for any loss to customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery. In particular, We do not accept any consequential claims on components cost, assembly work cost, assembly setup cost, travel cost, legal expenses, any value-added cost, etc.. Seller do not accept responsibility for the performance of Seller’s products or for any loss occasioned thereby. In case Buyer can prove product of Seller is not up to the agreed quality standard of Buyer’s specification, Buyer can ask Seller to re-deliver the product. Seller is not liable for any claim due to any delay of delivery or undelivery to Buyer for whatever reason of the delay.
(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 Buyer as from the date of delivery of the goods at the site nominated by the Buyer.
(15) Buyer’s purchase conditions. Unless Seller has agreed to buyer in writing, Seller does not accept purchase conditions of Buyer. No matter such purchased conditions of Buyer is referenced elsewhere or explicitly mentioned in the order, this will not constitute that Seller agrees with such purchased conditions. Seller will not inform Buyer disagreement of Buyer purchase conditions even when Buyer send at their own interest the purchase conditions together with Buyer’s Order. After receiving the Purchase Order of Buyer, Seller provides Buyer an Order Confirmation inside which our Sales conditions will be specified with the downloadable link and our Order Confirmation actually re-confirm to Buyer that Seller sales condition will be applied to Buyer’s Purchase Order , no matter Buyer has specified or attached their Purchase Conditions with their Order. The Order Confirmation gives two full days for Buyer to react before Seller processes the Order of Buyer. Within this two days, Seller is allowed to decline Order in case Buyer insists on their own Purchase Conditions.
(16) Applicable Law, Agreement between Seller and Buyer. Any points not mentioned in any agreement between Seller and Buyer, this Seller’s sales 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 or the local law of Buyer if Seller decides to do so for the reason of effectiveness. Location to settle legal cases is in Hong Kong or be settled locally with local laws of Buyer and uses the local law court of Buyer if Seller decides to do so for the reason of
Revised 1st June, 2015.