? ? ?Offer, management regulations and reordering: Hebei HuaYa Machinery Manufacturing Co., Ltd. Any product order. Or related or affiliated entities (“Sellers”), regardless of how they are placed, are subject to these terms and conditions. Any future orders, regardless of how they are placed, will be subject to these terms and conditions. Seller will not endorse any modification or other conditions, unless expressly agreed in writing and the seller fails to object to any purchase order or other communications from the buyer, and shall not be deemed a waiver of such terms and conditions, nor shall it be deemed a waiver of the seller. Any such provision. Unless the seller agrees in writing, the order accepted by the seller shall not be altered or modified by the buyer, and the order shall not be cancelled or terminated unless the seller??s loss is paid.
Do you think the buyer may have the form of a clause? Terms and conditions that differ from the terms and conditions contained herein or additional terms, and such orders may limit the terms and conditions of acceptance of such purchase orders. In the interest of economy and convenience, the buyer may place an order with the seller on this purchase order, but expressly disclaims that any terms and conditions of these terms and conditions shall be deemed valid and conflict in such circumstances, here The stated terms and conditions shall be deemed valid and an agreement shall be reached between the seller and the buyer, and acceptance of these forms shall not be deemed to accept the terms and conditions of these forms.
? ? ?Delivery, Claims and Force Majeure: Unless otherwise stated on this surface, delivery of the Product to the Carrier at the Seller’s factory or other loading point shall constitute delivery to the Buyer, regardless of the terms of carriage or shipping charges, the risk of all loss or damage during transit. Should be borne by the buyer. Claims for defects, defects or other errors in the delivery of the product must be made in writing to the seller within 10 days of receipt of the goods. Failure to issue such notice will constitute unconditional acceptance and waiver of all such claims by the buyer. Claims for loss or damage to goods in transit shall be made to the carrier and not to the seller. Seller shall not be liable for any damages resulting from any delay or failure to deliver due to any reason beyond the reasonable control of the Seller, including but not limited to any acts of God, buyer’s actions, embargoes or other government actions, regulations Or request, fire, accident, strike, slowdown, war, riots, traffic delays or failure to obtain the necessary labor, materials or production facilities. Seller??s liability for other delays or failures to perform shall be limited to the portion of the contract price attributable to the amount of delay or non-delivery.
? ? Shipping and storage: The buyer shall state in writing the preferred shipping method, and if there is no such specification, the seller may ship it in any manner of its choice. All shipping and delivery dates are approximate.
? ? Price and payment: Unless otherwise agreed in writing, all quotes are FOB, the seller’s country of origin. All prices are subject to change without notice. Full payment is required unless otherwise agreed in writing. If the buyer has not paid any invoices, the seller may choose to (1) delay delivery to the buyer until payment of the invoice, and/or (2) terminate any or all of the contract with the buyer. Any invoice that is not paid in a timely manner shall bear interest at the rate of 1.5% per month on the expiration date or the maximum amount permitted by applicable law, whichever is lower. The Buyer shall be responsible for and report to the Seller all costs, expenses and reasonable attorneys’ fees incurred by the Seller in obtaining any invoice or partial payment.
? ? Taxes and other fees: Any sales tax, consumption tax, customs duty, inspection or testing fee, or any other tax, fee or charge imposed by any government agency, calculated or measured by the transaction between the seller and the buyer, in addition to the quote or issue In addition to the invoice, the buyer also pays. If the seller is required to pay any such taxes, fees or fees, the buyer shall reimburse the seller.
? ? Cancellation: Except for the terms and conditions acceptable to the seller, the buyer may not cancel or change the order or deliver the delayed delivery, and the seller agrees in writing. If the buyer approves the cancellation, the seller is entitled to the full contract price, minus any fees saved as a result of the cancellation.
? ? Warranty and Limitations: The main components of an electric vehicle, including batteries, chargers, motors and controllers, are warranted for twelve (12) months from delivery to purchase and manufactured to product specifications. Electric golf carts, like scooters, are manufactured for use in accordance with product specifications and are warranted for six (6) months.
The above warranty supersedes any and all other warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose; Seller shall not be liable for any other obligations or liabilities with respect to the products or any seller obligations herein. Whether in the contract or in the negligence account. In no event shall Seller be liable for any incidental or consequential or other damages, costs, losses or delays, including but not limited to loss of income, any loss of description or loss, or any loss of performance that is not provided here. Part of the product. All liability of the seller to the seller for negligence or infringement is waived by the buyer.
Any claim under this warranty and any obligation of the seller will be subject to written notice of the seller receiving any alleged defects issued by the buyer within ten (10) days of receipt of the goods, and the seller may choose to return the alleged defective product. . Except for the above, no seller agent has any right to make any guarantees.
? ? Returns: The product may not be returned to the seller for any reason after delivery to the buyer without the written permission of the seller.
? ? Warranty claims, consequential damages and other liabilities: Seller??s liability for the sale of products under this Agreement is limited to the warranties set forth in Section 7 of this Agreement and shall be limited to Seller??s choice, (i) replacement or repair of defective Product Products, or ( Ii) Reimbursement of the contract price of the defective product.
Seller shall not be against the Seller or any promise, act or related wills for breach of contract, guarantee, infringement (including negligence and strict liability) or other legal reasons.
Without limiting the generality of the foregoing, the seller expressly disclaims any loss of property or personal injury, fines, special or punitive damages, loss of profits or income, loss of use of the product or any related equipment, cost of capital, cost of any responsibility. An alternative product, facility or service, downtime, closure cost, recall cost or any other type of economic loss, and a claim by the buyer’s customer or any third party for any such damage.
Seller does not assume any responsibility and does not assume any subsequent, incidental or consequential damages, including the cost of sales incurred by the buyer, the buyer’s customer or the buyer’s agent.
The Buyer shall indemnify Seller for any and all losses, liabilities, damages and expenses (including but not limited to attorneys’ fees and other litigation costs) that may arise from the Buyer’s or other claims arising out of or arising out of the Buyer’s or other persons. Demonstrate product defects caused only by the seller’s negligence.
? ? Delivery to third parties: If the buyer requests the seller to deliver the product to a third party, the seller may do so at its discretion, but such delivery shall be subject to these terms and conditions and the seller shall not be liable. Part of the reason is that the buyer failed to check the product for direct transfer to a third party. The seller is not responsible for the costs incurred by the buyer and such third parties.
? ? Trade secrets/confidential information: Sellers spend a lot of resources to develop, acquire and protect their confidential information. Any confidential information disclosed to the Buyer is strictly confidential and the Buyer shall not disclose any Confidential Information to any individual, company, company or other entity. Buyer may not copy or reproduce any Confidential Information for its own use or benefit. Buyers should use the same level of care to avoid revealing their own highest level of confidential information when using confidential information, and in no case should it be less than reasonable. Confidential information shall include, but is not limited to, all information relating to the seller’s research, development or commercial information, products, regardless of the form in which it is transmitted or stored.
? ? Intellectual Property: The seller does not assume any product that does not violate the patents, trademarks or other intellectual property rights owned by third parties. In addition, if the buyer provides specifications for the product, the buyer shall indemnify and hold the seller, its officers, directors and affiliates from any loss or damage caused by product infringement, including attorneys’ fees. Third party patents, trademarks or other intellectual property rights.
? ? Construction, location, severability: This contract is governed by and construed in accordance with the laws of the People’s Republic of China. The parties agree that the only appropriate venue for any cause of action arising therefrom shall be Shenzhen, China, and the buyer hereby agrees to the jurisdiction of Shenzhen, China. If any competent legislative or judicial authority declares that any provision of this contract is invalid or unenforceable, the statement shall not affect the enforceability of any other provision of this contract. The intent of this contract is that the contract should be severable if such If the terms of implementation are not included, then the applicable
All orders are subject to the terms and conditions of Hebei HuaYa Machinery Manufacturing Co., Ltd. For the terms and conditions of Hebei HuaYa Machinery Manufacturing Co., Ltd., please visit the HuaYa Heavy Industry website www.huaya.com
Additional Terms: (The conflict between the above contract terms and these Additional Terms, if any, is subject to these Terms)