| General Business Terms |
General |
1.The General Business Terms and Conditions of MAT are integral and substantial part of any contract between MAT and its customer. The terms and conditions hereinafter take precedence over customer's general business terms (if any), as far as there are differences in stipulations. |
2.Unless explicit statement, all goods and service supplied by MAT are carried out exclusively under these business terms. We do not recognize any other conflicting business terms or conditions unless written agreement. |
3.Applicable to business transactions with individuals, companies, enterprises and other economic entities. |
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¢ñ Conclusion and Modification of Contracts |
1.Either of sales confirmation or contract should be signed by MAT and the purchaser as binding conclusion of the transaction. Faxed or scanned copies are effective. |
2.Order, sales confirmation, contract and order release as well as their modification or amendments must be in written form. The documents must be issued or transferred via fax or EDI. To become effective, oral agreement requires a written confirmation. |
3.To become effective, oral agreements after the conclusion of the contract, especially subsequent modifications and amendments of our terms and conditions, as well as collateral agreements of any kind also require written confirmation. |
4. We are not responsible for the lost or misunderstanding due to obvious mistakes, including misprints, written errors, calculation or arithmetical errors. |
¢ò .Price/Payment |
1.Generally, the prices can be determined by the following factors: Basic cost, Custom design charge, Discount, Freight , Insurance , Others. |
2.Payment term. At present, we accept only two payment terms: 100% T/T in advance, Irrevocable L/C at sight. Minimum order amount is USD1000.00(net), and all cancelled orders are subject to a cancellation charge of up to 35% of the original order amount. |
3.Profile are sold by two specifications: Standard delivery length( 6m per bar) and customerized length(length cut on customer's request, shorter than 6m per bar). Due to cutting wastage and labor cost, the two specifications are in different prices. Accessories can be sold by ¡°pack¡± in favorable prices. The quantity contained in one pack is subject to products. |
4.Ordinarily, we quote on the basis of any of the following business terms: FOB, CNF, CIF, DDU (the terms are subject to INCOTERMS 2000). If a purchaser appoints some specific freight forwarder in China , with whom we must contact to fulfill shipment, then MAT will charge additional operation fee of USD80.00 of each transaction |
5.Regularly, an inquiry must be quoted with 2 days by MAT sales team provided given product number, confirmed order quantity, destination port, approximate order time etc. |
6. If the buyer prefers to order large quantity on certain products which is not included in our currently available ones, we may have them made to order. If these custom-made products need a new mould or die, we will charge for relative fees. After the quantity of the buyer ordered on the product goes up to some certain standard, the new mould or die fees could be refund. However, we will never manufacture any customerized products which may involve us into tortuous affairs, for example, to copy a competitor's products. |
7.Prices are based on the costs at the time of quotation. We reserve the right to make adjustments to the prices between the date of conclusion of the contract and completion of the goods to be supplied , in particular due to material price increasing, increased energy cost or new issued official regulations as well as other circumstances which can affect the cost. We also remain the right to explain, modify the discount plan. |
8.As to the order which need our company to provide design, we charge project design fee: maximum 20% of the contract amount. The design fee should be prepaid and if the buyer cancels the order, then the prepaid will not be refund. |
9.The purchaser shall not be entitled to withhold payments for alleged claims under a warranty or other counterclaims. |
| 10.I f the financial situation of the purchaser worsens in any manner whatsoever after the conclusion of the contract or if, after the conclusion of the contract, it comes to our knowledge that the purchaser was in financial difficulties already at the time of the conclusion of the contract, we reserve the right to demand payment in advance, to make the delivery of the goods dependent on the provision of appropriate security, or to terminate the contract. |
¢ó . Delivery |
1.Lead time is necessary for any transaction between a purchaser and MAT. Please consult us for the period of lead time when inquiry. |
2.Time of shipment should be stipulated in contracts. It is the deadline by which MAT fulfills shipment of the contracted goods. |
3.Delivery choice. MAT provides the following shipping ways: |
¡¡¡¡¡¡¡¡¡¡a.Ocean shipment; |
¡¡¡¡¡¡¡¡¡¡b.Airway shipment; |
¡¡¡¡¡¡¡¡¡¡c.Common postal parcel; |
¡¡¡¡¡¡¡¡¡¡d. International Express parcel (available couriers: Fedex, TNT, DHL, UPS, KAS) |
¡¡Please choose proper way according to the freight rate, goods volume & weight, as well as shipping periodicity. |
4.The failure of purchaser to clarify all the details pertaining to the order and to provide all advances on time will lead to a corresponding extension of shipment date. |
5.The buyer must check and receipt the delivery note. Possible objections are to be brought up immediately and in writing. Otherwise, the receipted quantity delivered will be regarded as accepted. |
6.In case of acts of God, including unrest, strikes, lockout, shortages of energy and raw material or other unforeseen but unavoidable obstacles not due to our fault, the delivery period should be extended appropriately. In this case we will give all necessary information, insofar as this is reasonable. |
| 7.We reserve the right to terminate the contract if, during the production or procurement of materials, difficulties arise which could only be overcome by incurring unforeseen costs or remedies which would exceed the amount of 5% of the purchase price. |
| 8.In the event of a delay in delivery by us or impossibility of performance for which we are responsible - if there is no other agreement - any claim for damages by the purchaser shall be excluded if the damage has not been caused by intent or gross negligence on our part . |
¢ô . Transfe of risk/ Acceptance/ Dispute |
1.The risk is transferred to the purchaser in addordance with the trade terms stipulate in the contract. Trade terms should be explained by INCOTERMS 2000. |
2.If the delivery of the goods ready for delivery is delayed at the request of the purchaser or if the delay is caused by circumstances for which we are not at fault, we shall warehouse the goods to be delivered at the expense of the purchaser, subject to our usual charges for warehousing in our works and at the purchaser's risk. Should shortage of space so require, we shall be entitled to warehouse the goods at a place outside our works at the purchaser's expense and at his risk. |
3.There is no warranty for goods which have been modified in any manner without our express and written consent, either by the purchaser himself or a third party. |
4.The acceptance is subject to an examination for faultlessness, especially also for corectness, completeness and fitness. The pruchaser is entitled to inspect the contract and present objection within 7days since receiving the goods. No objections shall be regarded as the fulfullment of the contract by MAT. The receiving date is customs-clearin of the contracted gods at destination port. Any objection prsented after 7 days might be dropped. |
5.All disputes arising from the execution of , or in connection with the contract shall be settled through friendly negotiation between both parties . In case no settlement to disputes can be reached through negotiation , the disputes shall be submitted for arbitration . CIETAC (China International economial and Trade Arbitration Commission) should be an alternative. |
6.The arbitration award shall be final and binding upon both contracting parties. In the course of arbitration, the contract shall be continuously executed by both parties except the part of the contract which is under arbitration. The arbitration fee should be borne by the losing party. |
¢õ . Guarantee |
1.The condition and quality of the goods only complies with the agred technical provisions or samples. Properties or a condition are only ensured or guaranted if they are explicityly mentioned as such in the contract. Verbal statement and indications in the documentations, includig catalogue, brochures, website etc. Do not contain a guarantee. |
2.The buyer shall inspect the goods within 7 days from receipt of the goods and give immediate written notice of defects, wrong shipments, short deliveries etc. In case we found such complaint justified, we will take soon actions of remedy and ear the cost of replacement, repair, complement and dispatch, but to a maximum of the value of the part in question. |
¢ö . Place of Performance |
The place of performance is the place where MAT registered. |
| ¢÷ Others |
Unexhausted details should be subject to general international commercial practice recognized in PRC. |