1. The applicability
These General Terms and Conditions of Sale shall apply to Yiju Hardware Products Co.,Ltd(hereinafter referred to as NovFeel).Unless previously stated in writing by NovFeel.These terms of sale supersede all other documents relating to the goods, including the purchaser's terms of purchase (if any).
2. Delivery of Goods
The quantity to be delivered is determined by the order confirmation sent by NovFeel to the purchaser.In addition, the Target Products purchased by the Purchaser must be confirmed in writing by both NovFeel and the Purchaser.If delivery includes services, additional work charges will be charged without prior notice if necessary.
3. Product price
In US dollars unless otherwise stated.
All quotations, NovFeel, are subject to INCOTERMS 2010 unless otherwise agreed.
NovFeel can offer three quotation schemes, namely FOB, CIF and CNF, but the default is FOB unless otherwise agreed in writing.
1) FOB, namely FOB price, is the sum of the ex-factory price, commodity inspection fee, export customs clearance fee, container freight to port and other miscellaneous charges;
NovFeel is responsible for export inspection and customs declaration.Any damage to the goods before they cross the ship's rail at the exit port will be borne by NovFeel.
2) CNF (C&F), which means FOB price plus freight.
3) CIF, CNF price plus insurance premium.
In addition, in the case of CNF or CIF, NovFeel shall undertake the booking of shipping space, insurance and other matters in addition to what it does in the case of FOB. However, all risks of the goods after the ship has passed the ship's rail at the port of shipment until it arrives at the port of destination shall be borne by the Purchaser.
4. Payment matters
Payment terms shall be net cash prepaid by bank transfer, unless otherwise agreed in writing.NovFeel will not accept payment by credit card or check unless agreed in writing.In the event of late payment, the Purchaser shall pay interest at the rate of 0.1% of the amount due each day from the due date of payment.The Purchaser shall bear the cost of all debt recovery.When the Purchaser is required to pay interest and debt costs, all subsequent payments received will first pay these interest costs and debt recovery costs.The remaining payment amount will be deducted from the earliest outstanding invoice, even if the payment specifies another invoice number.
The standard validity period for offers sent by NovFeel is 30 days from the date of publication.NovFeel may change the validity of quotations in the event of currency depreciation.Delivery agreements are not legally binding unless NovFeel has issued an order confirmation to the purchaser.NovFeel reserves the right to cancel the order if the item is out of date or unavailable at the time of ordering.
6. Delivery time
NovFeel will indicate the time of delivery in the order confirmation.If the information requested by the purchaser regarding delivery times is not sent to NovFeel in a timely manner, the actual delivery times may be later than the delivery times provided by the purchaser.The delay in delivery does not affect the demand for payment, nor does the delay give the purchaser the right to cancel or change the order.
7. Delivery Terms
All deliveries are made in accordance with INCOTERMS 2010.Unless otherwise agreed, the goods will be delivered in exclusive packing at the Chinese factory (INCOTERMS 2010).Products are stored in NovFeel's warehouses in China.Other terms of delivery must be agreed in writing in advance.Goods are delivered and marked in accordance with NovFeel standard practice, unless specific packing, marking or transportation has been agreed in writing in advance.
8. Property preservation
Title to the Goods is transferred from NovFeel to the Purchaser upon payment by the Purchaser in full.The goods are stored in such a way that there is no doubt about the retention of title.The goods are not entitled to any other preferential rights.The Purchaser shall not sell the goods to any third party until the Purchaser becomes the legal owner of the goods.
9. Liability and risk
Responsibilities and risks relating to the goods and transport are transferred to the Purchaser in accordance with INCOTERMS 2010 applicable to the order or sales contract.
10. Returns and cancellations
Goods may not be returned without prior notice and written approval from NovFeel.Return of goods at the Buyer's sole risk and expense.NovFeel can only accept any return within 3 months of the date of shipment.NovFeel can deduct up to 70% of the value of unopened and unused standard stock items.NovFeel will only count towards an agreed percentage of the value of the return.Other costs, such as shipping, handling and packing, will not be included.If Purchaser needs to cancel an order due to pressing circumstances and NovFeel approves in writing, NovFeel will charge cancellation fees based on the current status of the order.Goods specially made or modified for the Purchaser shall not be returned or cancelled.
11. Mold matters
If the purchaser develops custom products involving confidential information (such as drawings, design concepts, etc.), we will sign a confidentiality agreement with you before discussing any details.
Additional mold manufacturing costs may be incurred due to the customized products of the purchaser. The specific implementation plan is as follows:
1) If the order quantity is greater than or accumulates to 100,000, NovFeel will deduct the mold manufacturing fee collected from the final payment;
2) If the order quantity is less than 100,000, NovFeel will fully charge the mold manufacturing fee;
In addition, ownership and use of the molds remain with NovFeel unless otherwise stated.
12. Warranties and liabilities
1) The Buyer shall inspect the goods immediately upon receipt of the goods.Any claim must be made immediately upon discovery of the fault/damage and in any case no later than 8 days after receipt of the goods.
2) NovFeel guarantees that the goods supplied conform to the specifications confirmed in the order confirmation, provided that the goods are properly used and installed in accordance with the manufacturer's instructions.This guarantee is valid for a maximum of 12 months from the date of delivery.
3) If replacement goods are required and agreed upon, the replacement goods will be invoiced by NovFeel.Returned goods will be credited to the purchaser upon receipt by NovFeel and acceptance of return.
4) NovFeel is not responsible for the experience of the product.
5) All warranties will be void if the merchandise is not carried out in accordance with the manufacturer's guidelines or is improperly stored, used or maintained.
6) If the purchaser changes or modifies the purchased goods, the warranty will become invalid.
7) NovFeel's full liability, including any warranties and indemnities, shall under no circumstances exceed the Order Value.NovFeel does not accept any claim alleging loss of turnover, loss of goodwill or other consequential damages arising out of any delivery or service performed by NovFeel.
8) If the Purchaser develops a custom product involving confidential information (such as drawings, design concepts, etc.), NovFeel will sign a confidentiality agreement with the Purchaser before discussing any details, if necessary, and will be responsible for this.
9) If the Purchaser develops a custom product involving copyright or design patent, NovFeel will sign a confidentiality agreement with the Purchaser if necessary and will be responsible for this.
13. Force majeure
In the event that NovFeel is unable to meet its obligations under these conditions due to any unforeseen and unavoidable event, NovFeel will immediately notify the Buyer of such circumstances and the reasons for such circumstances.Force majeure is defined as circumstances beyond the control of the Contracting Party and which limit the ability to deliver, including but not limited to acts of war, terrorism, strikes, lockouts, natural disasters, diseases, embargo provisions, economic conflicts and lack of transportation possibilities.NovFeel is not responsible for default, incomplete, delayed and/or incomplete delivery due to Force Majeure circumstances.
14. Disputes and Governing Law
These general terms and conditions of sale and any related sales contracts and orders shall be governed by the laws of the People's Republic of China.Attempts should be made to resolve disputes through negotiations between the Parties.If negotiations are unsuccessful, the case will be settled by the ordinary courts unless the parties agree to submit the case to arbitration.All legal disputes shall be submitted to the Chinese (Jinhua) Court.The relevance of the Vienna Purchase Treaty is excluded.
If one or more of these General Terms and Conditions proves to be invalid or non-binding, the remaining provisions between the parties shall remain in force.NovFeel is authorized to replace the invalid or non-binding terms with the legal terms that best fit the scope of the invalid or non-binding terms.
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