GENERAL TERMS AND CONDITIONS OF SALE
It is hereby agreed between the Customers and Grand China Industrial (HK) Limited (hereafter called “the Seller") the following terms and conditions:
1 General -That all sales of goods and providing of services are made by our company only upon the terms and conditions as stated on this agreement and this conditions of sale. Unless otherwise agreed by both parties in writing, no additional, different, or conflicting term in any purchase order or other document shall become part of the agreement between the parties.
2 Quotation- Quotations by the Seller are not binding before the Seller has confirmed the quotation in writing. Written quotations are binding for 30 days from the date of the quotation.
3 Defects- The Seller‘s liability is limited to the invoice value of the goods supplied. The Seller’s liability may never exceed the invoiced amount of the defective product. All Claims shall be made no later than five (5) days after the defect is discovered or should have been discovered.
3.01 Claims on account of defects of the delivered products can only be made against the Seller if the Purchaser gives notice thereof in writing no later than one (1) week as from the date of invoice date. Complaints have to be made in writing with a detailed description of the defects and a copy of the Seller’s invoice shall be included with the complaint. Goods subject to a claim must be stored free of charge and kept available for our inspection.
3.02 The products are, unless otherwise agreed, produced of raw materials of normal standard quality. All information of weight, dimensions, capacity, functionality and other data provided by the Seller are approximate values. Minor colour differences may occur and these differences are not considered as constituting defects as prescribed under this agreement.
4 Liability & Product Warranty-
4.01 No warranty or representation other than is set forth in this standard warranty is applicable, the Seller warrants its products will conform to all product specifications.
4.02 The Seller‘s liability is limited to the invoice value of the goods supplied. The Seller’s liability may never exceed the invoiced amount of the defective product.
4.03 The Seller shall not be responsible for the application of the products for a certain use intended by the Purchaser or a third party.
4.04 No warranty is given concerning the quality or suitability of closures supplied by us for the use with our plastic or glass containers or the Purchaser’s glass or plastic containers. If a warranty is sought by the Purchaser then we will at the Purchasers specific request before the order is accepted, approach our supplies of the closures on the Purchaser’s behalf to seek a warranty which, if given, will be directly to the Purchaser by them without any liability on our part.
4.05 We do not accept liability in respect of death or personal injury resulting from any defect in our goods due to any negligent act or default on our part except as mention in these Terms and Conditions all other statements, warranties and conditions whether express or implied statutory or otherwise(other than with respect to our title to the goods) are hereby excluded.
4.06 The burden of whether or not a product is compatible with our bottles ultimately rests with the customer. Each user must test its product’s compatibility and performance with the Seller’s packaging products, and the user has the sole responsibility for evaluating and testing its products in the Seller’s products. No additional warranty or performance assurances are implied.
4.07 In accordance with usual trade practice, no allowance is made for normal breakage during transit, or breakage due to factors outside our direct control.
5 Price and payment
5.01 In case of price increase of our factories and /or Suppliers, we always reserve the right to apply the justified price increase at any moment to the orders or to not executed parts of orders. All goods delivered shall remain the property of the Seller until fully paid. Payment for each consignment shall be made no later than the agreed date of payment.
5.02 The Seller shall have the right at any time to require the Customer to pay a deposit as security for the due performance and the amount of the deposit shall be determined by the Seller at its sole discretion. The Seller reserves the right to increase the amount of the deposit from time to time. The deposit shall be retained by the Seller free of interest to the customer.
5.03 Without prejudice to any other rights or remedies which the Seller may have against the Customer, the Seller shall be entitled to apply and set off the deposit against any sum due or owing by the Customer under this Agreement.
5.04 We may in our sole discretion and without any prior notice to you, close your credit account with us in which event you shall immediately pay us the balance then outstanding on your account. 5.05 The Seller may in our sole discretion ask you to provide security in any form including but not limited to guarantees from a third party as a condition of our opening a credit account with your company.
6 Late Payment
6.01 Time of payment is of essence. The Seller shall be entitled to charge interest at the rate of three percent (3%) per month on any overdue amount from the due date until the date on which payment in full is received by the Seller. Such Interest shall accrue from day to day. The property in the goods shall not pass to you but remain vested in us unit we have received payments in accordance with Clause (5.01) hereof. This means that the Seller can at our sole discretion and without prior notice to you collect from you the goods in respect of which you have not paid for (“the unpaid goods”) or any of your goods equal in value to the unpaid goods.
6.02 We may take such action as we consider necessary to recover overdue amounts and otherwise protect our interests, including the use of debt collection agencies, etc. You will reimburse us for our reasonable costs and expenses of such action, etc., including legal fees on a full indemnity basis.
7.01 Our deliveries are liable to the usual tolerances about quantities, quality, colour, capacity, weight dimensions, samples, packing and damage, etc. The seller assumed no liability and does not guarantee the compatibility of the goods supplied with any particular product that may be used by the Buyer.
7.02 The Products shall be delivered at the place agreed upon. Unless otherwise agreed, the Purchaser shall pay the costs of transport for bringing the products to the place of delivery.
7.03 If the Purchaser cannot receive the products at the agreed place of delivery, the Purchaser shall pay all the Vendor’s costs relating to the non-delivery of the products. Shipment could only be quarantined & scheduled upon receipt of the deposit from the buyer accordingly.
8.01 Moulds shall be kept safety by the Seller and not handed over to the Purchaser. Take back of moulds need to pay extra cost quoted by the Seller from time to time vary. The Seller is not responsible for the accidental destruction of the moulds and is not obliged to insure the moulds.
8.02 Without prejudice to the generality of the foregoing, any mould tool or design which is not used for more than two (2) year after the last date of application may be destroyed or otherwise disposed of at our sole discretion without incurring any liability to the Purchaser.
8.03 Moulds, tools, designs, models, sketches, printing plates, screens or negatives provided by us are submitted in confidence. They and the copyright in them shall remain our property at all time, whether a separate charges is made in respect of them or not.
8.04 If moulds is found completely worn out by normal production process. Moulds shall be scrap by the seller without notices to the Purchaser in advance.
9 Intellectual property rights
9.01 The Purchaser is liable to the effect that the products or moulds partly or wholly developed or designed according to the specifications provided by the Purchaser infringe any intellectual property rights including patents, trademarks, designs, copy rights or the like.
9.02 Unless otherwise agreed, the Seller holds all intellectual property rights including the copyright in the moulds, dies, printing screens and jigs developed by the Seller, and the Seller holds the right to produce similar or identical moulds, etc.
10 Force Majeure
All delivery times are to be considered as approximate. The Seller is free from responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver caused by accident or FORCE MAJEURE, we reserve the right to cancel the orders or to extend its application till after the time of accident of Force Majeure , the option being ours. The terms of accident and force majeure are to be taken in their largest sense and include state of war between third powers, blockade, industrial conflicts, government intervention, shortage of material, damage by fire or water, earthquake and other natural disasters.
11 Governing Version
The English version is the governing version. The English version shall prevail whenever there is any inconsistency and interpretation in this Agreement. The terms and Conditions herein contained shall be governed and construed in accordance with the laws of Hong Kong Special Administrative Region and the parties shall submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region in the event of dispute.
12 Transfer Business
If any transfer business take places, the customer shall notify us in writing not less than 30 days before the transfer takes effect and notwithstanding Clause (1) hereof, immediately pay us the balance outstanding on your account. Alternatively, the Seller many collect from you any unpaid goods or any of your goods equal in value to such unpaid goods.
13 Changing This Agreement
The Seller shall be entitled, at any time, or from time to time, by giving notice to the customer, to vary all or any of these terms and conditions and to impose new terms. Questions Should you have questions or comments about our products or our company please contact your customer service representative
14 Minimum Orders
The seller's minimum order amount is HK$5,000.00 per shipping address. If the $5,000.00 figure is not met, a $160.00 processing fee may be added to the invoice.
15 Domestic Shipments Net 30 days, pending prior credit approval and good credit standing.
16 International Shipments Irrevocable L/C or Wire Transfer at the time of order, unless other arrangements have been agreed to by both parties.
Orders for custom items or colors cannot be cancelled once production has commenced or colorant has been ordered. Any products manufactured for custom orders will be the responsibility of the customer, once production has begun, and cannot be cancelled.
Any customer desiring to return product to Grand China, please contact your Customer Service Representative for a Returned Goods Authorization (RGA) number, and instructions. If the return is for reasons other than a quality concern, the customer is responsible for the freight. Grand China will charge a 5% restocking fee if product is returned in sellable condition. If product needs to be repackaged, a 20% fee will be assigned.