General Trading and Delivery Conditions
• General
• This General Trading and Delivery Conditions shall apply to all contracts, quotations, orders, deliveries and supplies in relation to the our products between the buyer and us (Zhejiang Noblelift Equipment Joint Stock Co., Ltd.).
• We may issue a pro forma invoice from time to time by fax or Email and the buyer shall fax or Email back the pro forma invoice after the pro forma invoice has been confirmed. Or the buyer may issue purchase order to us from time to time by fax or Email and we will fax or Email back the purchase order after the purchase order has been confirmed.
• The confirmed purchase order or pro forma invoice shall have full legal effect and bind upon the parties. Every purchase order or pro forma invoice issued and confirmed shall be governed by and be deemed to include the provisions of this General Trading and Delivery Conditions unless otherwise provided in the purchase order or pro forma invoice.
• Price
• Prices for the products shall be designated in the purchase order or pro forma invoice by the parties or, in the absence of such a designation, in accordance with our price standard.
• Warrants
• We warrants to the buyer that all delivered products shall be free from defects in materials and workmanship within the quality guarantee period. The products shall conform to our Warranty Declaration. It is understood that we shall not be liable for any discrepancy of the products shipped due to cause for which the insurance company, carrier, shipping company, other transportation organization and /or post office are liable.
• The quality guarantee period for the products (excluding easy-worn-out components) usually is one year commenced from arrival of the products at the port of destination. As for the exact guarantee period for components which are not easy-worn-out, please refer to our Warranty Declaration. It is understood that we shall not be liable for any products which have been subjected to improper use, installation or repair.
• In the event of any quality defect in the products, the buyer shall present preliminary evidence (such as pictures) to us. We shall supply spare parts for free if we acknowledge that the quality defect may exist (but with no confirmation). However we shall not bear the expenses of shipment, installation or repair, or any other costs, losses or damages in this case. And the supply of spare parts shall not be deemed to be the affirmative evidence of the existence of any quality defect in the products caused by us.
• In the event that the parties dispute about the existence of quality defects, the parties shall submit the products to be surveyed by SGS or other surveyor agreed by the parities.
• Packing
• All products shall be suitably packed and marked as specified in the purchase order or pro forma invoice or, in the absence of such a designation, in accordance with our packing standards.
• Delivery
• The shipment date and destination port shall be specified in the purchase order or pro forma invoice. The parties shall designate a reasonable time to allow us to have sufficient time to manufacture and ship the products.
• The freight charges and the party to bear the freight shall be specified in the purchase order or pro forma invoice.
• We shall, upon completion of loading, give the advice of shipment to the buyer within reasonable time by fax.
• Inspection
• The buyer shall inspect the products within reasonable time. Should the quality and/or quantity be found not in conformity with the purchase order or pro forma invoice, the Buyer shall lodge claims against us within 30 days after the arrival of the products at the port of destination.
• Payment
• The buyer shall at latest make the payment before the shipment of the products unless otherwise provided in the purchase order or pro forma invoice.
• Arbitration
• All disputes arising from or in connection with this General Trading and Delivery Conditions or in connection with any contract, quotation, order, delivery and supply shall be settled by friendly negotiation between the parties. If no settlement can be reached, the case in dispute shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission, Shanghai Branch in accordance with its arbitration regulation. The laws of the People's Republic of China shall be applied. The arbitration award is final and binding upon parties. The fees for the arbitration shall be borne by the losing party. |
