General Conditions of Sale
These General Conditions of Sale are part of the sales relationship between the
Customer and the Hakka Brothers Machinery Co.,ltd., and orders accepted from any person or entity having its registered office or place of business in China or abroad that carried out trade, business or professional activities and regulates the sales of goods specified in this price list. Any conditions different from those contained herein shallbe effective only under written acceptance.
The Seller reserves the right to modify and /or vary these Terms and Conditions, attaching these changes or amendments to the tender or any written correspondent to the customer. Amendments shall be deemed accepted by the Customer in the event of no specific objection within fifteen days of receipt.
1.OFFER AND CONFIRMATION ORDER
1.1 The offers. based on the needs expressed by the customer in writing in the request for quote are valid for 30 days, unless otherwise noted specifically on the offer.
1.2 No order will be considered binding for the seller until it has been.1 accepted with the confirmation issued by the latter.
1.3 The provision is made only as set forth in the order confirmation.
1.4 Any request by the Customer or his verbal agreement with representatives of Seller. shall not be valid unless confirmed in writing by the company.
1.5 The Seller reserves the right, at its sole option, to cancel the order if any further verification of the conditions of the Customer's credit suggests such cancellation.
2. PRICE AND METHOD OF PAYMENT
2.1 The price listed in the seller's price list are binding if accepted by Seller's order confirmation, except as specified in the order confirmation. The Customer should communicate all mistakes and omissions immediately to Seller in the terms of payment and the prices indicated in the acceptance document.
2.2 All prices quoted in tenders are always ex Seller's warehouse .All prices are subject to change upon expiry of the terms of validity ,depending on new market parameters.
Prices do not include shipping cost that are borne by the Customer, unless otherwise agreed and signed by both parties.
2.3 The Seller also reserves the right to change the Customer's terms of payment of when, in his opinion, the Customer's financial condition and records of earlier payments suggest such changes.
The payment terms are specified in the order confirmation.
For payments from abroad the cost of transferring funds from the foreign to the Chinese bank are to be paid by the customer.
2.4 Payment must be made in the form and within1thhe agreed time frame.
The applicable billing and payment methods are those given in the offer or order confirmation.
2.5Any breach of the Seller dose not allow the customer to delay or suspend payments.
3.TERMS AND CONDITIONS OF DELIVERY
3.1 The delivery terms specified in the order confirmation are binding. unless exceptions are beyond the control of Seller . which will in any case be notified promptly to the Customer.
3.2 The Seller will ensure that the date indicated in the order confirmation is met .
3.3 In case of delay in delivery due to force majeure , the Seller will agree a new delivery date with the Customer or cancel theorder, and in both cases the Seller shall be relieved of any liability tothe Customer in relation to the late delivery or cancellation of theorder .
In no event shall Seller be liable for late non- delivery due to shortage of products.
4.1 When the single offer / order confirmation does not provide any specific indication of the delivery method , supplies are ex-works. The Seller shall . at its own expense and by its own means, load the goods on the means of transport. The transfer of loading risks will occur when loading is complete.
The Seller is not responsible in any case of deterioration or damage to the products after the transfer of risk and in no event shall any shipping damage free the Customer from the obligation to make the payments.
4.2 The goods transported are not covered under any insurance policy ,subject to special rules that will be agree upon and charged to the Customer.
In no event shall Seller pay compensation to the Customer.
5.1 The price listed in the price list refer to packaged goods with the means of protection necessary to prevent damage or deterioration of materials, under normal conditions of transport or to Customer's destination.
Before dispatch the machinery and /or equipment are tested at the Seller's workshops. Components, technical data and features may besubject to change at any time .
7.1 The Seller grants the Customer a guarantee for mechanical defects only (excluding defects to electrical parts)within a period of12 months from the date of invoice and subject to the filing of a complaint by customer.
7.2 The warranty shall be limited, at the option of Seller to repair or replace structural parts and other components of Products that are faulty or do not conform to defects in material at the expense of Seller.
7.3 The warranty does not cover parts subject to normal wear and tear of damage caused by improper or inadequate maintenance, incorrect handling of the Customer's staff from faulty or negligent treatment from over-exploitation of the devices from damage or deterioration caused or aggravated for not having used the goods due to technical problems, or power surges or electrical processing temperature, or any other cause not attributable to the Seller.7.4 The warranty terminates when devices, equipment, or spare parts not provided by the Seller are installed on the products and when changes are made without the prior written consent of Seller.7.5 The Seller shall be solely responsible for any damage caused to the Customer as immediate and direct consequence of its own negligence or culpable dereliction of the obligations under the contract.
7.6 In no event shall Seller be liable for consequential damages suffered by the Customer or third parties, such as ,for example but not limited to r brand damage ,loss of profit, production, contracts, penalties or refunds of any kind etc.
7.7 The warranty does not include the replacement of the equipment and the costs of labor for reparation and any other incidental expense.