Unless the context otherwise requires the following words shall have the following meanings:
"the company" ,“the seller”, "we" means Tong Li Logistic Equipment Co., Ltd. "the customer" ,"the buyer" ,“the purchaser” means the Customer who buys or has agreed to buy the goods. "the goods”" means the goods or any part thereof agreed to be sold as described within any quotation or tender document or on the face hereof and any repaired, replaced or spare parts. "the services" means the services to be provided by the seller to the purchaser as set out within any quotation or tender documentation or the face hereof the price" means the price of the goods and any other charges specified.
2. About Product:
(i) The product includes all the racking and shelving product, and OEM products made to customer's requirements.
(ii) All dimensions and designs stated in seller's quotations price lists correspondence and catalogues are subject to normal trade tolerance, and we reserves the right to modify designs, specifications, material or make improvement without prior notification.
(iii) The products manufactured according to customers' drawing, sample, design or sketches etc. we acquiescently recognize that the intellectual property rights or patent etc. are belongs to customer self.
3. About Prices:
(i) Our price "FOB China port" means free on board of any China port, "CFR destination port" means we pay the shipping cost from China port to buyer's destination port. "CIF destination port" means we pay the shipping cost and Insurance from China port to buyer's destination port. "EX Work" price means the price we quoted are free at our factory, customer pick up the goods by themselves.
(ii) Quotation prices (before order): Our quatation price usually have a valid date. We reserve the right to amend prices when the valid date expired, and all prices quoted are subject to alteration without prior notice, due to the raw material price are fluctuating beside our control.
(iii) Order prices: Exact prices for a order should be accepted by sumetall before order.
(iv) After order: After order fixed between seller and buyer, the prices are fixed, can not change.
4. About Order Confirmation.
(i) Any price quotation by the Company or it's agents or Employees shall be deemed to be for information purposes only, and shall not constitute an offer to sell.
(ii) No orders shall be deemed to be accepted until our Proforma Invoice (PI) has been issued, and all the details shown on them shall be deemed to be correct in all respects. And the Proforma Invoice should be confirmed by buyer in writing (mail confirm, sign, stamp, deposit payment) also.
(iii) No orders shall be deemed to be accepted until the seller received the deposit from buyer as requested.
(iv) Orders can not be cancelled except with our consent and on terms which indemnify us against all loss howsoever incurred.
(v) Variations shall not have effect unless agreed in writing by a Director of the Company.
5. Minimum Order:
1 full containers (20’c or 40’c) or more than $10,000.00 for LCL shipment.
6. Payment Terms:
We require 30% deposit (down payment) with the order, 70% balance payment before shipment for exchanging shipping documents. or L/C (Letter of Credit) at Sight.
The deposit should be made accompany with order confirmation. The balance payment shall be made at the time stated in our PI or contract. the Company reserves the right to charge interest on the amount of any delayed payment at the rate of 2% per calender month or part thereof over the base rate until payment is made in full. The title of the goods shall not pass to the buyer untill full payment has been made. In case of non-payment, we shall be entitled to repossess the goods. Immediately upon receipt, the customer accepts all risks for the goods supplied.
7. Return Policy:
No returns will be accepted without prior written approval from T Racking. If agreement is given to return of goods, the goods must be unused and in their original packaging. all returns must be made within 15 days of receipt. Returns must be shipped back at customers expense and are subject to a 25% restocking charge. A Return Authorization number must be clearly marked on the return label.
All goods must be examined on receipt and any damage reported in two days. We will extend every courtesy in assisting to resolve a claim. However, our legal responsibility ends when the goods have been transferred to the customers carrier or agent. Claims for concealed damage or shortages must be reported to us within five (5) days of receipt of goods. Shipments can not be refused if no absolute right reasons which should be agreed by the seller.
The seller warrants all goods supplied against any authenticate defects. While this obligation is limited to repairing or replacing at the seller's discretion any part of goods found to be faulty during the said period with the following limitations:
a: the seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions.
b: buyer failure to follow the seller's instructions (whether oral or in writing), misuse or alteration or repair of the equipment without the seller's approval.
c: the seller cannot accept any responsibility or liabilities howsoever arising where the purchaser uses third parties to provide or supply designs, work goods or services.
10. Risk and Liability:
Risk of damage to or loss of the goods shall pass to the purchaser at the time of delivery or, if the purchaser wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods. The seller shall not be liable for any special indirect incidental or consequential damage of any character in connection with or arising out of this contract including but not limited to loss of sales or display areas, productive facilities or equipment, loss of profits, property damage or lost sales or production or other loss or damage whether suffered by the purchaser or any third party and whether or not due to the negligence, howsoever caused or arising. The liability of the seller with respect to any claims arising out of this contract shall be limited to the warranties above.
11. Force majeure:
Force majeur such as but not limited to act of God, natural disasters, fire flood explosions or earthquakes, epidemics, serious accidents, any act of government, war strikes or labour troubles at the Companys premises or elsewhere, the inability to obtain the necessary Import or Export Licenses or any other Licenses or consents of Governmental or other authority or any other cause whatsoever beyond the reasonable control of the Company, The Company may suspend or cancel the contract or so much of it as remains unperformed without liability for loss provided the Company informs the Customer as soon as reasonably practicable in writing of it's inability to perform it's obligations. Such suspension or cancellation shall be without prejudice to the Company's right to receive payment for all the goods previously delivered.
12. Reservation of Title: the property in the goods shall not pass to the purchaser until the purchaser fulfilled the obligation
13. T Racking reserves the final right to interpret the above clauses, for more information, please contact us at firstname.lastname@example.org