General Terms and Conditions
1. These conditions are binding between Guangzhou Linkrich Machinery Group (“LINKRICH”, “the Company”) and the buyer (“The Customer”)
Packing is included in the price. Material is wood and/or cardboard approved for sea and airfreight.
3. ELECTRONIC INVOICES:
Customer agrees to receive electronic invoices and documents for the Products purchased from the Company.
4. TRANSPORT CHARGES:
All transport charges will be paid by the Customer. The integrity of any shipment must be checked immediately at receipt by theCustomer. In case of manifestly damaged shipment the Customer is obliged to write the damage report or eventually refuse the shipment and immediately contact the Company. Any other notice shall be notified to the Company within 8 days from the receipt of the goods. Late complaints will be not accepted.
5. LIMITED WARRANTY.
(i) LINKRICH warrants that the Products shall, for a period that terminates eighteen (18) months commencing on the date on which LINKRICH issues an invoice to Customer for the Products if, and only if, such Products are unaltered and unmodified by Customer or any third party unless with prior written approval from LINKRICH and are properly installed and used as set forth in LINKRICH’s specifications and instructions of use, be in material compliance with the Documentation. Without limitation to the foregoing, if LINKRICH determines in its sole discretion that the Product is not in material compliance with the Documentation during the term of the Limited Warranty, LINKRICH, at its sole option, shall either (a) provide Spare Parts to Customer, at LINKRICH’s sole cost, to replace the defective parts, provided that such replacement within the Product shall be performed by a service representative authorized by LINKRICH, or (b) provide a new equivalent Product to replace the Product which is not in compliance with the Documentation in its entirety, provided that new equivalent Product is supplied by LINKRICH at LINKRICH’s sole cost, or (c) refund the purchase price paid by the Customer for such Product.
(ii) Within the period of validity of Limited Warranty, if LINKRICH determines in its sole discretion that the Product is not in material compliance with the Documentation during the term of the Limited Warranty, the Customer shall provide, at its sole cost, all the labor required to (a) replace the defective parts,or (b) replace the Product which is not in compliance with the Documentation with a new equivalent Product.
(iii) For the avoidance of doubt, the Limited Warranty shall not include any damage resulting from, in connection with or arising out of: (a) transport of the Product, (b) installation of the Product not in accordance with the specifications and instructions contained in the Documentation,(c) improper use or maintenance of the Product, (d) intervention or modification by a service representative not authorized by LINKRICH, (e) the location of the Product including, without limitation, overvoltage, or inadequate voltage, current or gas supply, (f) cases in which replacement or parts other than original LINKRICH parts are used, regardless of whether the damage or defects result therefrom. Normal wear and tear to items such as lamps, gaskets, seals, probes, door handles, ancillary and consumable parts etc., as well as damage to glassware and other ancillary parts are excluded from the Warranty.
(iv) Limited Warranty shall only be effective if Customer (a) provides LINKRICH with prompt notice of any claim to be made under the Warranty bycompleting a Warranty Form and submitting it by email and (b) upon LINKRICH’s request, ships the defective Product to a location authorized by LINKRICH, or to LINKRICH itself, at Customer’s sole cost.
(v) NO OTHER WARRANTIES. THE FOREGOING LIMITED WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES AND GUARANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, WARRANTY OF HIDDEN DEFECTS, AND WARRANTY OF FITNESS FOR A PARTICULAR USE (EVEN IF INFORMED OF SUCH USE).
(vi) THIRD PARTY. Certain third-party suppliers’ goods may be provided to Customer along with certain of LINKRICH’s Products as an accommodation to Customer. These third-party suppliers’ goods are provided “as is” and all limitations of warranties set forth herein apply to such third-party suppliers’ goods.
6. LIMITATION OF LIABILITY.
Except where this exclusion or restriction of liability would be void or ineffective under applicable law, in no event shall LINKRICH be liable for indirect, special, incidental or consequential damages (including lost profits or savings) whether based on contract, tort or any other legal theory (including product liability and responsibility for defective goods) even if the Customer has been advised of the possibility of such damages. Subject to the foregoing exceptions, in no event shall LINKRICH’s or its suppliers’ liability under this agreement exceed the amount paid by the Customer for the product and the services giving rise to the claim. Notwithstanding anything to the contrary in this agreement, in the case where no amount was paid, LINKRICH shall have no liability for any damages whatsoever.
Customer shall pay the Company interest on all overdue amounts from the due date thereof until paid, at an annual interest rate equal to twelve percent (12%) (or at the maximum rate allowable under applicable law if less than such rate). In addition to the foregoing, an additional fee of US$100,00 shall be invoiced for returned or unpaid checks or invoices that are not paid in full. In the case of late payment, the Company is authorized to take back the unpaid Company’s products. All additional costs related to the product’s removal will be paid by the Customer.
Customer shall not use any trademark of company in any manner whatsoever, including in connection with advertising, promotional activities or otherwise, without the prior written approval of the company. Customer shall not remove, modify, deface or replace any of the company’s trademarks which appear on, are affixed to or are used in connection with, the products purchased from the company or any related labels or tags, or use any other mark in connection with such goods or materials, without the prior written approval of the company. Any and all trademarks of the company, including any and all goodwill relating thereto or resulting therefrom, are and shall remain at all times the sole and exclusive property of LINKRICH.
As used in the Terms and Conditions, the following terms, whether used in the singular or plural, shall have the following meanings “Product”: Any product, excluding Spare Parts, sold by the Company to the Customer, including without limitation any product object of any quote or confirmation of purchase order issued by the Company to the Customer. “Documentation”: Any documentation that is delivered by the Company to the Customer and describes the specifications and instructions for use of the Products. “Spare Parts”: Any replacement part sold by the Company to the Customer, including without limitation any replacement part object of any quote or confirmation of purchase order issued by the Company to the Customer.
10. APPLICABLE LAW AND JURISDICTION.
The Terms and Conditions shall be governed by, and construed in accordance with Chinese law, excluding (a) any conflicts of law rules or principles that might refer the governance or construction of the Terms and Conditions to the laws of any jurisdiction other than in China, and (b) the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods.The Chinese courts shall have exclusive jurisdiction over any matter or dispute resulting from or arising out of the execution, performance, interpretation, breach or termination of the Terms and Conditions. To the full extent permitted by applicable law, Customer hereby irrevocably waives all its rights toINTERPOSE CLAIMS OR setoffs of any kind and description in any litigation arising hereunder.
11. EXCUSES FOR NON-DELIVERY AND NON-PERFORMANCE.
Delivery of all or any part of the Company’s Product and Services is contingent upon the Company’s ability to obtain goods, supplies and materials through its regular and usual sources of supply. If by reason of existing or future legislation or rules, regulations or orders, heretofore or hereafter promulgated by governmental authorities allocating, limiting, curtailing or otherwise regulating supply,use, availability, production, delivery or distribution of goods, supplies or raw or other materials, or in the event of acts of the Customer or acts of God including, in particular, acts of fire, flood, tornado, hurricane or other acts of God, war, terror, casualty, accident, embargo, government action,market collapse, strike or lock-out, or other difficulties with employees, delay or inability to obtain labor, material, machinery and services through the Company’s usual sources, delay by carrier, or any cause or causes beyond the Company’s control causing failure to deliver or delay of any delivery or curtailment in production or shipment, the Company shall not be liable therefor and may in its sole discretion, without notice to the Customer, at any time and from time-to-time, postpone the delivery dates under any contract, make partial delivery or cancel all or any portion of any contracts with the Customer. If during the occurrence of any of the foregoing contingencies, the Company holds any of the Products herein sold, the Company may invoice the Product and hold it for the account of the Customer.
12. NO CANCELLATION OF ORDER.
No Purchase Order may be cancelled or modified by the Customer once acceptance of said Purchase Order is received by the Company without prior written consent. All cancelled orders will be charged a 20% non-refundable cancellation fee. Refusal of delivery of any ordered items and/or commercial equipment delivery will be subject additional costs to a 35% restocking fee plus the cost of freight charges to and from shipping location. Special ordered items cannot be cancelled.
All payments by check, correspondences and notices hereunder shall be in writing and given by registered or certified mail.