About GHCABLE > Terms and Conditions_Jiangsu Ganghong Electric Wire & Power Cable Co., Ltd
ABOUT GHCABLE
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1.GENERAL
All orders received by GHCABLE are subject to these terms and conditions, the terms and conditions on the GHCABLE order acknowledgment form, and any special terms and conditions specified on GHCABLE product price sheets.
GHCABLE s failure to insist upon strict performance of any term or condition shall not constitute a waiver of any subsequent breach by the customer.
2.ORDER ACCEPTANCE
Acceptance of an offer is based on GHCABLE s terms and conditions.
Prices and delivery dates stated on any order acknowledgment shall prevail in the event of a discrepancy between it and the customer's written order.
3. PRICES
The customer shall pay the prices quoted or acknowledged, all taxes (sales, use, excise, and/or others incurred through commercial transaction), "adder" charges stated in the special terms and conditions for a specific product, and charges for customer-requested special packaging, design and specifications.
4. PAYMENT
Unless specific credit terms are approved by the GHCABLE Credit Department, payment terms shall be in cash.
THE BALANCE PAYMENT SHOULD BE MADE WITHIN THREE MONTH AFTER BEING INFORMED THE PRODUCTS FINISHED, IF NOT, THE CONTRACT WILL NOT BE VALID AUTOMATICALLY. THE DEPOSIT WILL NOT BE RETURNED TO THE CUSTOMER, AND WILL BE AS PENALTY FOR GHCABLE.
IF THE BALANCE PAYMENT WAS NOT MADE WITHIN ONE MONTH AFTER THE SHIPMENT ARRIVED AT THE DESTINATION PORT, GHCABLE WILL HAVE THE RIGHT TO DISPOSE THE SHIPMENT.THE DEPOSIT WILL NOT BE RETURNED TO THE CUSTOMER, AND WILL BE AS COMPENSATION FOR GHCABLE.
5. DELIVERY
Transportation terms and charges shall be according to special terms and conditions stated on price sheets for each particular product. Delivery dates specified on the order acknowledgment are approximate only, and any reasonable variation there from shall constitute adequate performance on the part of GHCABLE.
GHCABLE s responsibility for transportation shall be limited to shipping at a competitive rate. Any excess costs for transportation, including special handling costs, will be charged to the customer, in addition to above-mentioned prices (see PRICES).
GHCABLE warrants that it has good title to merchandise shipped. GHCABLE will be responsible for damage free shipment according to the specific shipping terms of merchandise. Once carrier freight has been signed by the Customer without damage or shortage, all risk of loss or responsibility for damage, shortage or other incidents will pass to the customer. Customer claims must be received by GHCABLE in writing, within ten (10) days from date of arrival.
Failure or refusal to accept delivery without just cause is considered a default by the customer on the purchase agreement. For standard products, customer is liable for damages or loss suffered by GHCABLE, including but not limited to storage, shipping and restocking costs, anticipated profits and losses due to market fluctuation. In the case of default on specially designed, constructed, or packaged products, customer shall be liable for damages amounting to the contract price less the net salvage value of the material.
Force majeure: GHCABLE shall not be liable for failure to meet delivery terms if such failure is a result of accidents, machinery or equipment breakdown, strikes or labor troubles, material shortages, fires, floods, war, public disturbances or riots, government allocations, acts of terrorism, or other circumstances beyond GHCABLE s control.
If for any reason, GHCBALE fail to deliver within reasonable variance from delivery date specified, GHCABLE shall be liable only for the actual damage caused by such failure, measured in actual cash cost to the customer. Damages shall not exceed the agreed price of the material involved.
GHCABLE will not be liable for any installation costs, incidental or consequential damages or costs, or loss of profits resulting from failure to deliver.
6. QUANTITY TOLERANCE
Quantities shall be subject to standard industry shipping tolerances or other special terms and conditions of sale for that product. The quantity stated on invoice will be final quantity shipped.
Customer claims for shipping shortages must be received by GHCABLE in writing, within ten (10) days from date of arrival. Once carrier freight receipt has been signed without shortage, all risk of loss or other incidents shall pass to the customer.
7. RETURNS
Permission must be obtained in writing from GHCABLE before any product is returned. The product must be returned to GHCABLE within 30 days or such permission shall be null and void. Material returned without prior written permission will be refused.
A restocking charge of 20% of the product value will be assessed for authorized returns of standard stock material in re-sellable condition. The product value is determined as either the invoiced price or the current market level, whichever is lower. Also, customer is responsible for return freight cost.
8. ERROR, CONTRADICTION OF TERMS, ADJUDICATION
GHCABLE reserves the right to correct any clerical or stenographic error made in the preparation of orders, acknowledgments, or invoices. Corrections shall be considered as binding amendments to the original contract of sale.
No special terms and conditions take precedence over these general terms and conditions unless specific reference is made to any conflict, waiving the requirements of these terms and conditions. In the event any of these terms or conditions is declared invalid by a Court of competent jurisdiction, all other terms and conditions contained herein shall remain in full force and effect.
All disputes between customer and GHCABLE shall be settled through friendly negotiation. In case no settlement can be reached through negotiation, the case in dispute shall then be submitted to China International Economic and Trade Arbitration Commission in Shanghai for arbitration and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties .Arbitration fees and lawyer fees shall be borne by the losing party.
9. WARRANTY
Should any GHCABLE product prove defective due to manufacture within one (1) year from date of bill of lading, upon written notice to GHCABLE, this material will be replaced FOB original destination point. GHCABLE will not be liable for any installation costs, incidental or consequential damages or costs, or loss of profits resulting from manufacturing defects.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY APPLIES ONLY TO COMMERCIAL OR INDUSTRIAL USERS OR PURCHASERS FOR PURPOSES OF RESALE. WARRANTIES AND REPRESENTATIONS TO CONSUMERS WHO PURCHASE GHCABLE PRODUCTS TO BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, ARE MADE SEPARATELY AND ARE AVAILABLE UPON REQUEST.
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