1. Definitions
2. The Contract Format
3. Description and price of the goods
4. Payment Terms
5. Production and Delivery
6. Documents and Custom clearance
7. Your right of Cancellation
8. Warranty and Aftersales Services
9. Limitation of Liability
10.Privacy and Data Protection
1. Definitions
1.1
Buyer' or ' You' - means
the corporation who accepts a quotation of the Supplier for the sale of the
Goods or agrees to buy the Goods from the Supplier.
'Conditions' - means the standard terms
and conditions of sale set out in this document and any special terms and
conditions agreed in writing by the Supplier.
'Contract' - means the Contract
including but not limit to Proforma Invoice for the sale and purchase of the
Goods.
'Goods' - means the Bathroom Furnitures and
other products (including any installment of the Goods) which the Buyer agrees
to buy from the Supplier.
'Order' - means the order in writing by
the Buyer for the Goods.
'Price' - means the price for the Goods based
on F.O.B or C.I.F terms under international trading standard.
'Supplier' - means ORILAX LIMITED, No.65 Xianlie Road Central, Guangzhou City, Guangdong, China .
'Salesman' - means the Supplier's clerk
who is in charge of the communication between you and the Supplier.
'Writing' - includes Email, facsimile
transmission, and other comparable means of communication which are sent to the
salesman.
1.2 Any reference on these Conditions to
any provision of a statute shall be construed as a reference to that provision
as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are
for convenience only and shall not affect their interpretation.
2. The
Contract Format
1.1 No contract exists between you and the
Supplier for the sale of any goods until the Supplier has received and accepted
your order and the Supplier has received the payment as specified in the
contract. Once the Supplier does so, there is a binding legal contract between
us.
1.2 By way of clarification, an
acknowledgement of your order will be sent to you via Writing when you place
your order, but acceptance of your offer to buy the goods will not take place
until after you make the payment as advised in the contract and you receive
your acceptance Writing. It is at this point that a new contract is created and
any contract is subject to these Terms and Conditions.
1.3 The Supplier may change these terms of
sale without notice to you in relation to future sales.
3.
Description and price of the goods
3.1 The description and price of the goods
you order will be presented to you before or at the time you place the order by
the means of writing, brochures or as shown on the website of the Supplier.
3.2 Every effort is made to ensure that the
description and prices shown on the Writings, brochures or website are accurate
at the time you place your order. If an error is found, the Supplier will
inform you as soon as possible and offer you the option of reconfirming your
order at the correct price, or canceling your order. If the Supplier does not
receive an order confirmation within 14 days of informing you of the error, the
order will be cancelled automatically. If you cancel the order, or if the order
is cancelled automatically due to the expiry of the 14 day period, the Supplier
will refund you for any sum that has been paid by you to the bank account
provided by you.
3.4 We offer F.O.B price for your
reference, and we may also offer C.I.F prices if you provide the destination
port. Under C.I.F payment terms, you are subject to pay a delivery charge for
the goods.
4.
Payment Terms
4.1 The Supplier accept T/T or L/C Payment
for the goods and delivery charges at the time you place your order, but subject
to the payment terms as negotiated and stated in the contract. Payment shall be
due before the delivery date and time for payment shall be a fundamental term
of this agreement, breach of which shall entitle the Supplier to terminate the
contract immediately.
4.2 There will be no delivery until payment
has been made as advised in the contract.
4.3 Payments shall be made by you without
any deduction whatsoever unless the Supplier agreed by Writing that an amount
equal to such deduction to be paid by the Supplier to you.
5. Production
and Delivery
5.1 The Supplier will start to prepare for
the production of the goods within 5 working days on receipt of the advance
payment made by the buyer.
5.2 The finish of the production may take
up to 28 days due to the production arrangement of other existing orders, and
the Supplier will try best to keep you informed of the production status.
5.3 After production is finished, the goods
you ordered will be delivered to the seaport you give when you place your
order.
5.4 If delivery cannot be made to the
destination for reasons under the Suppliers control, the Supplier will inform
you as soon as possible and refund you for any sum that have been paid by you.
5.5 Every effort will be made to deliver
the goods as soon as possible after your order has been accepted. However, the
Supplier will not be liable for any loss or damage suffered by you through
reasonable or unavoidable delay in production arrangement or delivery. In this
case, the Supplier will inform you as soon as possible.
6. Documents
and Custom clearance
6.1 The Supplier will get the Chinese
government's approval to export the good and prepare the exporting documents.
6.2. The Supplier will prepare the
documents for you to clear the custom in your side, including Bill of Lading,
Packing List and Commercial Invoice.
6.3 Any other documents or inspection which
you required should be well notified the Supplier by Writing at the time you
place the order or before the Supplier start the production, and within the
limitation of the Supplier.
7.
Your right of cancellation
7.1 You have the right to cancel the
contract at any time before you make the advance payment or before the Supplier
notify you that the production have been organized.
7.2 To exercise your right of cancellation,
you must notify by Writings and also by phone to the Salesman.
7.3 Once you have notified the Supplier
that you are canceling the contract, the Supplier will refund you within 30
days for any sum that has been paid by you for the goods.
8.
Warranty and Aftersales Services
8.1 All goods supplied by the Supplier are
warranted free from defects for 24 months from the date of delivery (unless
otherwise stated). You should take photos of the bad parts and the nameplate, and
then send them to us by email. For common quality problem, you may buy new
parts in your country after being approved by Writings of the Supplier. You
should submit to the Supplier the invoice of parts, and the Supplier will pay
for it upon receipt of the same. In case of a new order of placed by the agent,
the value of parts invoice will be deducted from the total of new order
invoice. Otherwise the spare parts will be sent to you together with new
orders.
8.2 This warranty does not apply to any
defect in the goods arising from fair wear and tear, willful damage, accident,
negligence by you or any third party, use otherwise than as recommended by the
Supplier, failure to follow the Suppliers instructions, or any alteration or
repair carried out without the Supplier's approval.
8.3 If the goods supplied to you develop a
defect while under warranty or you have any other complaint about the goods,
you should notify the Supplier in writing within 5 working days.
9.
Limitation of Liability
9.1 The Supplier shall not be liable to you
for any loss or damage in circumstances where:
9.1.1 there is no
breach of a legal duty owed to you by the Supplier or by its employees or
agents;
9.1.2 such loss or
damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase
in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or
limits the liability of the Supplier for death or personal injury caused by the
Suppliers negligence or fraudulent misrepresentation.
10.
Privacy and Data Protection
The Supplier will take all reasonable
precautions to keep the details of your order and payment secure but unless the
Supplier is negligent, the Supplier will not be liable for unauthorized access
to information supplied by you.
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