STANDARD TERMS AND CONDITIONS FOR SALES CONTRACTS
This is a legal document between you and Hip Lik Packaging Products or its subsidiary or division (“Seller”) identified in the Quotation, the Standard Terms and Conditions for Quotations, or on this Sales Contract.
Offer: Offer by Hip Lik Packaging Products or its subsidiary or division identified in the Quotation or on the Sales Contract.
1. Payment Terms. All new customers must pay invoices in full prior to delivery.
2. Delivery.Unless otherwise specified, Seller shall start manufacturing the Products within 14 to 30 business days from the “date of sample approval” or from the “date of receiving the deposit payment” in our Bank account, whichever is later.
3. Shipping Schedules. Shipping schedules are approximate and are based upon Seller’s best commercial efforts. Seller shall be excused from a failure to perform this sales transaction and delivery because of causes beyond the control of Seller including, but not limited to acts of God, casualties, labor disturbances, or inability to obtain transportation or materials and Seller shall be subject to no liability for such failure and shall in no event be held responsible for loss of profits, damages incurred by the Buyer, its customers, or other incidental or consequential damages that may result therefrom. Buyer shall not delay delivery; Buyer’s order must ship complete within 90 days of first ship date or make-ready date. Product will be warehouse billed after 90 days and storage charges will begin after 90 days at the monthly rate of 1.5% (18% per annum), payable on the first day of delay or default and on the first day of every month thereafter until paid in full.
4. Defective Goods. Customer must inform HLP of any defective goods in writing within 14 days after delivery. Otherwise, all goods delivered are deemed to be in good conditions and quality.
5. Currency.All prices are quoted in US Dollars unless otherwise stated.
6. Overrun.In accordance to industrial standards, a 5% overrun/underrun will be applicable and acceptable, unless otherwise stated.
7. Pricing, Duties, Tariffs and Taxes:See Standard Terms and Conditions for Quotations.
8. Cancellation.See Standard Terms and Conditions for Quotations.
9. Warranty.See Standard Terms and Conditions for Quotations. In addition, IN NO EVENT SHALL SELLER’S LIABILITY EXCEED THE COST OF THE PRODUCT FURNISHED IN ACCORDANCE WITH THIS LIMITED WARRANTY, AND SUBJECT TO ANY CLAIM HEREUNDER. IN NO EVENT SHALL THIS WARRANTY BE EXPANDED BY ANY ADVICE, EXPERIMENTATION OR OTHER PARTICIPATION WHICH SELLER MAY RENDER, IN THE DESIGN, DEVELOPMENT OF MATERIALS, TOOLS, PARTS, ETC., FOR BUYER’S USES OR PRODUCTS, WHETHER RELATED TO FUNCTIONAL OR AESTHETIC PURPOSES.
10. Artwork and Intellectual Property. Buyer acknowledges that the Products are manufactured pursuant to the artwork, design, models, samples, trademarks, or copyrights provided by the Buyer and hereby releases and agrees to indemnify, defend and hold harmless Seller and each of Seller’s Indemnified Parties (as defined below) from and against any and all claims, liability or damages, including actual attorneys’ fees resulting from, in connection with or relating to any action or threatened action concerning: (i) infringement of the patents, trademarks, copyrights or other intellectual property or proprietary rights of any other person or entity; or (ii) injury to person or property, including death, relating to the drawings, designs or specifications provided by or on behalf of Buyer.
11. Entire Agreement.The parties intend this Agreement and the Terms and Conditions for Quotations to be the final expression of the terms of their agreement and any changes thereto shall be in writing agreed to by the parties.
12. Attorney Fee Provision. In any litigation, arbitration or other proceeding arising out of the subject matter of this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees together with costs and expenses.
13. Governing Law.This Agreement shall be governed and construed according to the laws of the State of California and the courts of Los Angeles County shall have exclusive jurisdiction to resolve any dispute. Both parties hereby irrevocably admit themselves to and consent to the exclusive jurisdiction of said court. ANY ACTION BROUGHT BY BUYER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE DELIVERY OF THE PRODUCTS OR THE COMPLETION OF SERVICES NOTWITHSTANDING ANY STATUTORY PERIOD OF LIMITATION TO THE CONTRARY.