terms and conditions
please go through the underlisted terms and conditions for ease service..
1. TERMS AND CONDITIONS TO GOVERN - These terms and conditions represent
the final and complete agreement of the parties and no terms or
conditions in any way modifying or changing the provisions stated herein
shall be binding upon Our Company unless made in writing and signed and
approved by an officer or other authorized person at Our Company. No
modification of any of these terms shall be modified by Our Company's
shipment of goods following receipt of Buyers purchase order, shipping
request or similar forms containing printed terms and conditions
additional to or in conflict with the terms herein. If any term, clause
or provision is declared to held invalid by a court of competent
jurisdiction, such declaration or holding shall not affect the validity
of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written price
verification by authorized Our Company personnel unless designated in
writing to be firm for a specified period of time. Shipment of goods
without written price verification does not constitute acceptance of the
price contained in the order.
3. SUBSTITUTION - Our company reserves the right, without prior
notification, to substitute an alternative product of like kind, quality
and function. If the Buyer will not accept a substitute, the Buyer must
specifically declare that no substitution is allowed when the buyer
requests a quote, if such request for quote is made, or, if no request
for quote was made, when placing an order with the Our Company .
4. PRICE - Prices quoted, including any transportation charges, are
valid for 10 days unless designated as firm for a specific period
pursuant to a written quote or written sales acceptance issued or
verified by an officer or other authorized personnel of Our Company . A
price designated as firm for a specific period may be revoked by Our
Company if the revocation is in writing and is mailed to the Buyer prior
to the time a written acceptance of the price is received by Our
Company. All prices and deliveries are F.O.B. shipping point. Our
Company reserves the right to cancel orders in the event selling prices
which are lower than prices quoted are established by government
regulations.
5. TRANSPORTATION - Unless otherwise provided, Our Company shall use its
judgment in determining carrier and routing. In either case, Our
Company shall not be liable for any delays or excessive transportation
charges resulting from its selection.
6. PACKING - Unless otherwise provided, Our Company will comply only
with its minimum packing standards for the method of transportation
selected. The cost of all special packing, loading or bracing requested
by Buyer will be paid for by Buyer. All cost of packing and shipment for
Buyer's special equipment shall be paid for by Buyer.
7. PAYMENT TERMS - The discount applies only to the invoiced value of
the material (not to taxes or freight charges). Our Company reserves the
right to require advance payment or satisfactory security for the goods
if the financial condition of Buyer so warrants as determined by Our
Company. If Buyer fails to make payment in accordance with terms of this
agreement or any collateral agreement, or fails to comply with any
provisions hereof, Our Company may, at its option (and in addition to
other remedies), cancel any unshipped portion of this order. Buyer is to
remain liable for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES - Prices do not include taxes. Taxes
are paid by Buyer upon invoice from Our Company unless Buyer provides a
valid exemption certificate acceptable to the taxing authority or
unless Our Company is forbidden by law from collection of said taxes
from Buyer. Import or export licenses are to be secured by Buyer.
9. TITLE AND RISK OF LOSS - Delivery to carrier shall constitute
delivery to Buyer, and thereafter risk of loss or damage shall pass to
Buyer. Any claim of Buyer relative to damage during shipping or delivery
should be made directly to the carrier. Any claims by Buyer against Our
Company for shortage or damage occurring prior to such delivery to
carrier must be made within five (5) days after receipt of the goods and
accompanied by original transportation bill signed by carrier noting
that carrier received the goods from Our Company in the condition
claimed. Notwithstanding passage of the risk of loss to Buyer, title and
right of possession to the goods sold hereunder shall remain with Our
Company until all payments hereunder, including deterred payments
evidenced by notes or otherwise, Interest, carrying charges, and
attorneys fees, shall have been made in cash, and Buyer agrees to do all
acts necessary to perfect and maintain such right and title in Our
Company .
10. RETURN OF PRODUCTS - Goods can be returned in 30 days. Size wrong
items and quality problem items can be exchanged. Customers returning
goods are responsible for freight charges.
The following items cannot be returned or exchanged: bodysuits, lingerie
& sleepwear, swimwear, jewelry, and accessories (except scarves,
bags, and mermaid blankets).
11. FORCE MAJEURE - Our Company shall not be liable for failure to
perform its obligations resulting directly or indirectly from or
contributed to by acts of God; acts of Buyer, civil or military
authority, including wage and price controls; fires; war; riot; delays
in transportation; lack of or inability to obtain raw materials
(including energy sources), components, labor, fuel or supplies; or
other circumstances beyond Our Company's reasonable control, whether
similar or dissimilar to the foregoing. If certain quantities are
affected and other quantities are not, the quantities affected shall be
eliminated without liability, but the agreement shall remain unaffected.
Our Company may during any period of shortage due to any of said
causes, allocate its supply of such raw materials among its various
users thereof in any manner which YILIDA Company deems fair and
reasonable. In no event shall Our Company be liable for special or
consequential damages for any delay for any cause.
12. REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings
shall be brought for the recovery of the purchase price, or any unpaid
balance, or the breach by Buyer of any term herein contained, Buyer
shall pay to Our Company, in addition to any damages proved by law,
reasonable attorney's fees and costs of collection.
13. LIABILITY - Our Company shall not be responsible, obligated, or
liable for any injury or damage resulting from an application or use of
its products, either singularly or in combination with other products,
arising out of acceptance of this order. Our Company shall have no
liability for errors in weight or quantity delivered unless claim is
made by Buyer within five (5) days after receipt of shipment and
accompanied by original transportation bill signed by carrier noting
that carrier received the goods from Our Company in the condition
claimed. If such timely claim is made by Buyer, and the claim is deemded
valid by Our Company, Our Company may fulfill its responsibility by
either shipping the quantity necessary to make good the deficiency, or
at Our Company's option, crediting Buyer with the invoice price of the
deficiency.
14. WARRANTY - All goods sold by Our Company are warranted to Buyer to
be free from defects in material and workmanship, and manufactured in
accordance with industry standards. The foregoing warranty is nonassign
able and in lieu of and excludes all other warranties not expressly set
forth herein, whether express or implied by operation of law or
otherwise including but not limited to any implied warranties of
merchantability or fitness. No agent, employee, or representative of Our
Company has any authority to bind Our Company to any representation,
affirmation, or warranty concerning the goods and any such
representation, affirmation, or warranty shall not be deemed to have
become a part of the basis of this agreement and shall be unenforceable.
Any claimed defect in material or workmanship shall be deemed waived by
Buyer unless submitted to Our Company in writing within five (5) days
from the date the goods are received by Buyer.
Our Company shall not be liable under the foregoing warranty if any loss
or damage is caused by improper application or use of the goods. Our
Company disclaims all liability with respect to the design of the goods
and makes no warranty with respect to such design. This warranty is in
lieu of and excludes all other warranties, whether express, implied, or
statutory, including implied warranties of merchantability or fitness.
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