(1) the definition
For the purpose of this contract,
1. The company refers to Beijing Golden Way Scientific Co., Ltd.
2. Buyer means the party who buys or agrees to buy goods.
Goods means the goods supplied by the Company under the sales contract, including the company's own goods and the goods supplied by the Company as an agent or distributor.
(2) Offer and acceptance
All contracts entered into with the Company for the supply of goods, whether oral or written, shall be valid only under these Terms of Sale and any further express terms subsequently agreed by the parties, unless such conditions have set out the difference in this Clause (3). A contract between Corporation and Buyer shall not be entered into unless and only if the Buyer has accepted these terms, express or by necessary implication.
Therefore and subject to Clause (3), if any content in any document forming part of this Contract is inconsistent with any of these terms or any part thereof, these Terms shall prevail and any such document shall be deemed to form part of these Terms. In case of conflict between buyer's terms and these terms, these terms shall prevail.
(3) the difference
Any discrepancy with these terms and any amendment to these terms shall be void unless signed in person on behalf of the company. If there is a conflict of terms, such written differences shall prevail
(4) the price
1. The prices of the goods under this Contract are based on the company's costs, at the time of quotation, of goods, raw materials, labor, import duties, other expenses and the costs of complying with any regulations or requirements in force, and also on the exchange rates paid in foreign exchange for goods, raw materials and other expenses at the time of quotation. The Company reserves the sole right to vary the contract price in response to any such cost increase between the quotation date and the delivery date.
2. Unless otherwise stated in writing, the contract price of the goods is FOB Beijing and the freight, insurance and packing costs determined by Company in its sole discretion shall be borne by the Buyer, who shall reimburse Company in the same manner and at the same time as the contract price.
3. The contract price of the goods and any other expenses to be paid by the buyer in connection with the contract shall be based on value-added tax and shall also be subject to the relevant provisions in force during the validity of the contract.
(5) statement
Any technical description or content of any other nature published by the Company or any agent on behalf of the Company in any brochure or advertisement published by the Company shall not be deemed to constitute, and shall not constitute, any representation or warranty of any nature in relation to the Goods or any part thereof.
(6) trademark
1. The Buyer undertakes not to alter, obscure or omit any trademarks or any words or marks attached to or in connection with the Goods without the written consent of the Company.
2. The Buyer shall not add, attach or use any additional words or markings in connection with the Goods without the written consent of the Company.
(7) the copyright
Copyright in all drawings, specifications, documents and materials prepared by or on behalf of the Company, or in any part thereof, is the property of the Company. No part of the drawings, specifications, documents and data shall be reproduced without the prior written consent of the Company.
(8) Compensation for infringement
If the company in accordance with any specifications provided by the buyer or buyer's representative, drawings or design, the production or supply of any goods, and the production or supply of goods or the goods form for anyone to any patent, copyright infringement, or the property then the buyer shall pay the company, and continue to damages caused by the infringement of or related to the infringement, in view of the company, or the company has suffered, All claims, damages, losses or expenses.
(9) Delivery/receipt of goods
1. The time and date of delivery shall not be fundamental elements of the contract. The Company shall not be liable for any loss, expense, damage or claim of any nature or in any manner whatsoever whatsoever caused by any delay in delivery.
2. On the basis of clause (a) above, the Company shall deliver the Goods to the said place or other said place at the time agreed upon by the parties.
3. If the Goods are to be taken up by or on behalf of the Buyer under the Contract, Corporation shall give notice to the Buyer of the availability of the goods and the date and place on which they can be taken up. Delivery shall be deemed to have been made at the time and place notified.
4. Without prejudice to the foregoing, if the Buyer fails to take delivery of the goods from company's premises within 14 days of receipt of company's notice that the goods are ready for delivery, any subsequent loss, damage or depletion of the goods shall be solely at the risk of the Buyer. The Buyer shall also reimburse the Company for any additional expenses or costs incurred by the Company as a result of the Buyer's failure to take delivery of the goods on time, plus reasonable storage and insurance costs between the date on which the goods were due to be taken delivery and the date on which the goods were actually taken delivery. The company may issue an invoice for the goods on the date on which the goods are due for delivery and such invoice payment shall expire in accordance with clause 14.
5. If the contract provides that the Company shall deliver the goods to a destination, delivery is completed when the goods are delivered at the agreed destination.
6. If the contract delivery date is delayed or delayed at the request of the Buyer, or if for any other reason the Buyer fails to collect the goods at the expiration of the delivery date, Company may issue an invoice for the goods as if the delivery date had not been delayed or delayed, and the invoice payment shall be due in accordance with Clause 14. In such case, the goods are deemed to have been delivered to the Buyer by Company on the original delivery date for any purpose (including quality assurance). Any subsequent loss, damage or depletion of the goods shall be solely at the buyer's risk. The Buyer shall also reimburse the Company for any additional expenses or costs incurred by the Company as a result of the Buyer's failure to take delivery of the goods on time, plus reasonable storage and insurance costs between the date of scheduled delivery and the date of actual delivery of the goods.
7. In the event that the goods are delivered to a destination by Corporation, the Buyer shall provide the safe means of arrival at such place and the necessary tools for discharging the goods, which the Buyer shall be responsible for. Buyer shall reimburse Corporation for any additional expenses or costs incurred by company as a result of purchaser's negligence of duties.
8, if the company shipped to a destination of the goods or any part of the goods, when received damaged, or any part of the goods are not received, the buyer shall on receipt of the goods or part of the shipment notification within 24 hours, and within three days by written form to confirm the delivery status, with the company or the company does not accept any damage or loss to the goods.
9. If the Buyer does not receive any part of the shipment within 28 days after receiving notice of the shipment from Company, the Buyer shall immediately notify Company and confirm the situation to Company in writing within 3 days, failing which Company shall not accept any liability for the damage or loss of the shipment.
Risk (10)
Any risk of the goods passes to the buyer at the time of delivery.
(11) goods
1. The goods supplied by the Company are the sole and absolute property of the Company until the following time:
1. The payment has been fully paid;
2. All other monies due to Company by Buyer have been paid to Company, provided that from delivery to Buyer, at buyer's risk, buyer shall:
A. To insure the goods in full against any form of loss or damage in the name and for the benefit of the Company. Provide the insurance policy and the receipt for payment of the premium when requested by the company. Until payment is made or the goods are returned to the company;
B. To separate the goods from the property of others in an area, leaving space for the purpose of storing the goods as the Company may from time to time recommend;
C. Keep a special account record of the goods at all times and, when requested by the Company, provide details of the goods or any part of the goods, including details of the use of any part of the goods by the Purchaser, its officers or agents;
D. Custody of all sales proceeds from the use or sale of the Goods or any part of the goods entrusted by the Company to the Buyer.
1. The Buyer acknowledges that the Buyer holds the goods in trust for the Company only as a trustee until such time as the Buyer makes full payment for the goods.
2. For the purpose of retrieving and transferring any goods to which Corporation still has title under Clause 11, the Purchaser grants corporation an irrevocable licence to enter at all times any means of transport or premises owned or used by the Purchaser, or the Purchaser's territory.
(12) Inspection and testing
Any testing of the Goods or any part thereof required by or directed by the Buyer and carried out by Company shall be at the expense of the Buyer. The Buyer shall reimburse the Company for the relevant costs at the same time and in the same manner at the Contract Price.
(13) packaging
The goods are delivered within China by the company and packed in a manner appropriate to protect the goods under normal transport conditions. The goods can be stored in the drying room for up to 1 month after the delivery date provided the package is not damaged or damaged. All packages are non-refundable and disposal of such packages at the time and after delivery is the buyer's responsibility in accordance with any regulations or requirements in force.
Payment (14)
A. The Buyer shall pay 100% of the contract price and any other costs, expenses and expenses in advance. Unless otherwise specified in the Contract, the Buyer shall pay the contract price of the Goods and any other costs, charges and expenses specified in this Clause immediately after delivery of the goods. The company approves credit customers to make payment within 30 days of the invoice date. If any payment is not settled by the end of the month following the month of delivery, overdue payment shall be subject to a penalty of 2.5% of the invoice value per month.
B. Buyer shall not be entitled to deduct any offset or reverse claim from any amount due to Company unless its validity and amount have been expressly acknowledged in writing by Company.
C. Without prejudice to any other rights, failure to pay the price of the Contracted goods or any part of the price of the Goods or any other sum due to the Company by the Buyer shall entitle the Company at its discretion to refuse to deliver any subsequent goods agreed to be supplied or to give written notice to the Buyer to cancel in whole or in part any contract to which these Terms of Sale apply, No liability to Buyer arising out of such delay or cancellation.
D. Unless otherwise agreed by the Company, all payments due to the Company shall be made in RMB.
(15)
The Buyer shall not cancel any order placed with corporation except with corporation's prior written consent. This cancellation shall be subject to the Buyer fully indemnifying Corporation for all losses, costs (including labor costs and costs of materials already used), damages, charges and expenses incurred in connection with the cancellation of the Order.
(16) Quality assurance
1. Subject to clauses 14(b) and 14(c), the company's goods are free of defective raw materials and workmanship and the warranty period is 12 months from the date of delivery when the goods are ready or from the date of invoice, whichever expires earlier.
2. Company will repair or replace, in its sole discretion, any defective part of the Goods supplied, subject to the conditions set out below, within the warranty period, 12 months after the date on which the goods are ready for delivery or the date of invoice, whichever is due earlier.
3. The Company shall not be liable for repair or replacement of any part of the Goods unless and only if the Company is satisfied that the goods have been used, installed, operated and maintained after delivery in accordance with good engineering practice or any guidelines or recommendations of the Company; And the defect is not caused by improper use or abuse, or bad or improper storage of the goods or parts of the goods, or storage for more than 3 months.
4. Except that buyer returns any defective goods within 21 days of the occurrence of the defect, corporation shall not assume any such liability unless buyer promptly provides Corporation with all information regarding the Goods, if corporation deems it reasonably necessary, such as defects, use, installation, operation, maintenance and storage after delivery.
5. The cost of handing over or disassembling any defective part of the intrinsic warranty that needs to be replaced, the freight of returning to the company site, and the cost of reinstallation shall be borne by the Buyer.
6. Under the essential Warranty, Company has assumed the responsibility for repair and replacement, and the non-express transportation costs incurred in China shall be borne by Company for the repair parts or replacement parts shipped to buyer for reinstallation.
7. The warranty period of any spare parts supplied by Company to Buyer under the Warranty shall not expire, or shall be three (3) months after delivery, whichever is longer.
8. The warranty period of any spare parts supplied by Company to buyer outside the warranty period shall be 3 months after delivery or invoice, whichever comes first.
9. Except as aforesaid, Company shall not be liable to Buyer for the description, quality or fitness for any purpose of the Goods and all conditions, terms and warranties of description, quality or fitness, whether legal or otherwise, express or implied, are excluded.
10. Any defects that may have occurred in connection with the company's equipment during any previous installation; And/or any defect arising to some extent from improper installation or maintenance of the goods; And/or any indirect losses (including, but not limited to, loss of production, loss of profits, liability to third parties) incurred or suffered by buyer or other parties, such liability is expressly excluded.
(17) Refund
Do I need to return the product? At Golden Way Scientific, we do our best to make you satisfied. If you need to return catalog products within 30 days of purchase, we only require the following two points:
1. Contact our customer service at +86-10-88096218 or optics@goldway.com.cn for return procedures.
2. Return the goods in their original packaging with the return authorization number clearly marked on the packing case.
Other details:
* After 30 days, you still need a return authorization number. However, unless otherwise expressly stated in respect of quality assurance, repair and replacement of defective goods will only be undertaken within one year from the date of invoice.
* Return authorization number is valid for 14 days from the date of issuance.
* All returned products shall be inspected. Any use, misuse or other damage to the product will not be accepted.
* Returned products must be packaged in the original manufacturer's package. Products should be packed separately with the return authorization number clearly marked on the shipping package.
* If the product is returned in its original packaging and unopened, there is a minimum 25% storage charge for 31 to 120 days of return.
* Shipping and handling fees are non-refundable.
* Software and selected products do not apply to refund rules based on use.
* Refund of paid goods by check. Order refunds under credit are returned to the credit card or to the open account for which payment is required.
* Questions? Need extra help? Please contact the customer service representative for additional details.
(18) compensation
