STANDARD TERMS AND CONDITIONS FOR QUOTATIONS
PLEASE READ CAREFULLY, AS YOUR ACCEPTANCE OF OUR QUOTATION CONSTITUTES CONSENT AND AGREEMENT OF THESE TERMS AND CONDITIONS.
1. Quotation Is Not A Binding Offer.This quotation does not constitute a binding offer by Hip Lik Packaging Products or its subsidiary or division identified on its quotations or sales contracts (“Seller”), but instead is an invitation by Seller to Buyer to place an order in accordance with the terms and conditions stated in this quotation. This quotation shall automatically expire if Buyer has not placed an order in accordance the terms and conditions stated in this quotation within 30 days from the date of this quotation. All orders received by Seller are subject to and conditioned on written acceptance by an authorized officer of Seller. Seller reserves the right to accept or reject Buyer’s purchase orders in its sole discretion.
2. Formation of Contract.The terms and conditions set forth in these quotation Terms and Conditions comprise the sole terms and conditions for the sale of goods and services by Seller unless otherwise specifically provided for on the face of this quotation, and shall apply to the exclusion of any inconsistent or additional terms and conditions contained in Buyer’s order or acknowledgment.
3. Pricing, Duties, Tariffs and Taxes:The quoted price for the products (“Products”) is in U.S. Dollars unless otherwise stated and does not include applicable taxes such as city, state and federal, sales, use, excise taxes, shipping charges, duties, tariffs, or any other services or work not specifically described in this quotation.
To the extent applicable, the Products and all shipments are subject to compliance with all U.S. and People’s Republic of China (PRC) Government laws and regulations, including the U.S. Export Administration Act and the relevant laws of PRC Government. Buyer shall be responsible to take any and all actions necessary to comply with all such laws and regulations. Failure to comply in a timely fashion can result in delay in release and/or fine.
All such taxes and charges shall be Buyer’s sole responsibility and may be added to the invoice by Seller as a separate and additional charge to Buyer. Seller shall also have the right at any time to separately bill Buyer for any such taxes and charges that Seller may be called upon to pay, and Buyer shall be obliged to reimburse Seller for all such amounts.
4. Overrun.In accordance to industrial standards, a +/-5% overrun/underrun will be applicable and acceptable, unless otherwise stated.
5. Cancellation.If Buyer cancels its order, Buyer must do so in writing and Seller may ship any items completed at time of receipt of written cancellation notice at the contract price. Seller shall stop work on the balance of the order as promptly as reasonably possible and Buyer shall reimburse Seller for all actual expenditures, commitments, liabilities and costs, determined in accordance with Seller’s ordinary and customary accounting practices, made or incurred with respect to such incomplete items, plus a profit of 15% on such costs, less any net recovery to Seller on disposition of such items to others within a period of 45 days after receipt of Buyer’s cancellation notice. If Seller can economically use any of the items to fill other active orders, then Seller shall restock such items and Buyer shall pay Seller a handling charge equal to 5% of the contract price for such items.
6. Warranty.Seller warrants that all goods supplied are of normal commercial quality and to the agreed-upon specifications. Seller’s obligation under this warranty is limited to replacement by Seller the defective goods (transportation costs on Buyer’s account); or repossess any such goods and refund of the appropriate portion of the purchase price; provided that performance of any of the above shall be a complete discharge of Seller’s liability under this warranty.
The determination of whether a defect exists shall be made solely by Seller. Buyer shall not return any goods to Seller until Seller has been provided a reasonable opportunity to inspect and sample the goods at the Buyer’s premises to determine whether a defect exists, and whether the goods should be repaired or replaced.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS QUOTATION, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALSO DISCLAIMS AND EXCLUDES ALL LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES FOR BREACH OF WARRANTY OR CONTRACT OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.