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General
Any order placed with the Company for goods and/or service implies acceptance of the following conditions which may be varied only in writing by the Company's authorised representative. Descriptive and clerical errors are subject to correction. These conditions are in place of and exclude all other warranties and conditions whether implied by statute or otherwise and in particular the Purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by the company. In the absence of a written order from the Purchaser, the Company's internal order will constitute the basis of the agreement. Payment
Unless otherwise specified we usually require payment by T/T in advance of shipment or L/C at sight. Payment will be strictly due within the period stated in the Purchaser¡¯s contract approved by the Company or Proforma Invoice approved by the Purchaser. Acceptance Any contract or order based on this or any other tender or quotation is only accepted upon and subject to the Company's Terms and Conditions of Quotation, Sale & Repair as herein printed and these conditions are to have full force and effect as if incorporated into the Purchaser's order. Unless expressly accepted in writing by the Company any variations of or additions to these conditions in a Purchaser's order or order form will be deemed to be inapplicable. All quotations are subject to withdrawal or variation by the Company at any time prior to acceptance of a firm order. No order given to the Company based upon a quotation shall be binding upon the Company until accepted by the Company in writing. The Company reserves the right to correct any accidental error or omission or quotation or invoice without prior notice. Prices All prices are net and Goods and Services Tax exclusive unless otherwise stated. Prices for goods to be imported are based on prices quoted to the Company by the Principal and the rates of freight, Insurance premiums, customs duties, primage and other costs of importation known to the Company at the time of the quotation. In the event of any increase in these rates or in the prices of the goods quoted to the Company by the Principle before acceptance of an order or prior to the delivery of the goods to the Purchaser then the cost to the Company entailed by such increase/s shall be added to and form part of the purchase and or repair price and be payable by the Purchaser accordingly. Conversely any decrease in any such rates or the Principal's price shall be deducted from the purchase and or repair price. This provision for variation of price shall also apply to goods and service required for the execution of an order purchased and obtained locally. Warranties Unless stated to the contrary in writing, products are warranted for a period of one year from shipment date. This warranty does not cover the repair of any fault or replacement of any defective part resulting from an act of God, or the negligence or malpractice of the Purchaser. Should any of the products sold by the Company fail for any inherent electrical or mechanical defect within the warranty period, the Company undertakes to repair the same free of charge providing the defective goods are returned to the Company's warehouse freight/insurance prepaid and provided that no alteration or additions are made or repairs undertaken except by the Company or the Company's authorised representatives.
Currency Fluctuation Indent items from overseas are in addition subject to alteration in price because of variation in currency rates between the Principal's currency and the Chinese RMB at the date of the Company's invoice. Goods and Services Tax Prices quoted are subject to the addition of goods and services tax and to any tax imposed by any Government authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes shall be payable by the Purchaser and may be added to the purchase price by the Company. Availability of goods The Company shall have no liability direct or indirect for the delay in delivery. The delivery time for the goods quoted on an indent basis is an estimate only and is based upon the Company's knowledge of conditions prevailing at the time the quotation is made. The delivery time is subject to variation in accordance with the Principal's manufacturing programme and the availability of shipping space from the source of supply and also to any delay through Act of God, labour disputes, strikes, lockouts, fire, accident, non-delivery of parts by other manufacturers or any other causes or contingencies beyond the Company's control and/or the control of the Principals. The Company does not accept orders under penalty for late delivery. Acceptance of goods The Purchaser shall inspect the goods immediately on the arrival thereof and shall within 7 days from such inspection give notice in writing to the Company of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. If the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
If the Purchaser is going to inspect the goods in the Company before shipment, the purchaser shall provide the inspection requirements in advance of processing order. In case of that, the Purchaser shall present the inspection report to prove their acceptance of goods.
Standing Orders & Contracts Any Standing Orders and other contracts that have been made with the Company are binding within the specified period and can only be cancelled if both parties mutually agree. Goods whether they are custom made or not, or are in the process of manufacture, or are in transit and in the contract time frame will be purchased by the customer. Except that the Purchaser agrees to afford the losses if necessary. Deliveries In the case of delivery or part thereof each and every delivery will be deemed to be sold under a separate contract and will be subject to these Terms and Conditions of Quotation, Sales and Repair. Laws The contract constituted by the acceptance by the Company of the Purchaser's order or by the Purchaser's acceptance of the Company's tender/quotation shall be construed to be in accordance with the Chinese laws. Risk and dispatch Unless otherwise specified by the Company the point of delivery of the goods shall be at the Company's premises. Goods delivered elsewhere shall at the Purchaser's risk from dispatch to such premises and the Purchaser will indemnify the Company against any claim or liability damage or injury to or by the goods after dispatch and shall specify in writing on his official order if insurance is to be taken out on his behalf and at his cost. Literature Illustrative and descriptive literature supplied by the Company to the Purchaser represents generally the goods specified therein but may not comply in all respects with the goods which are subject of this quotation. Terms of Payment/Retention of Title We usually require payment by wire transfer in advance of production. However in fact, Terms of Payment may be varied at the discretion of the Company and will be outlined on the quotation. The property of the goods shall not pass to the Purchaser until the goods are paid for in full. In the event of non-compliance with the Company's Trading terms, the Company reserves the right to suspend deliveries and/or cancel contracts and/or apply a service fee at the rate of 2.5% per month on all outstanding monies from the due date and/or void warranty. Cancellation Any order placed resulting from this quotation may be cancelled in full or part by the Purchaser only upon the Company's consent in writing and against payment to the Company of a reasonable and proper cancellation fee, should this be deemed necessary by the Company. Filing a petition of bankruptcy or commencement of any legal action for insolvency, or creditor's petition for winding-up of the Purchaser's company shall be deemed a cancellation by the Purchaser. Return of Goods Returns may be made with prior written consent of the Company and may not be accepted after warranty period. Freight costs on goods being forwarded to the Company will be borne by the Purchaser. The Restocking and handling fee may be charged. For more details, please refer to Tech Center in this site. Validity Quotations are valid for 20 days unless otherwise stated. Assignment The Purchaser shall not assign the contract or any right thereunder without the written consent of the Company. |
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