Customer shall purchase products by issuing a written Purchase Order signed by an authorized representative, indicating product names and descriptions, quantity, price, total purchase price, shipping instruction, requested delivery date, bill-to and ship-to addresses, tax exempt certifications if applicable, and any other special instructions and information.
All prices are EXW Shenzhen China, unless otherwise specified in quotation or commercial invoice. Shipping costs and risk of loss from point of shipment (Shenzhen, China) are the responsibility of the customer. For products shipped freight prepaid or insured, HuakeFiber will bill customer a freight/insurance charge. Taxes and other incurred costs as a result of the sale are also the responsibility of the customer. All sales are final. Transportation way/rates are provided upon request, as an added service, but Incoterms applied in all our shipments are always EXW Shenzhen. This is understood to mean that any and all responsibility and risk lies exclusively with the customer once the goods have left HuakeFiber factory, HuakeFiber being free of liability.
Terms of Payment
T/T in advance, or 30 days by letter of Bank Guarantee. All payments are in EURO. As a consequence of customer’s delinquency in any payment to HuakeFiber, shipment of any order may be withheld by HuakeFiber, or Prepayment by customer may be required for further shipments. All payments not received when due shall be subject to an additional charge of one and one half percent (0.5% per month (annual rate 6%) of the unpaid amount or the maximum rate permited by law, whichever is less, until the date of payment.
All products are made to the mutually agreed written specifications accepted by customer. It applies to all products manufactured or resold by HuakeFiber.
Cancellation & Rescheduling
The Customer may not cancel, terminate, suspend performance of, or issue a hold on, any Customer order, in whole or in part, without the prior written authorization of HuakeFiber, which consent, if given, shall be upon terms that will compensate HuakeFiber for any los sor damage therefrom, including but not limited to, the price of Products shipped to, manufactured for, or help separately for, the Customer, and loss of profits, incurred costs, and a reasonable allocation of general and administrative expenses relating to the Products.
Warranty – Complaints Procedure
This information is contained in a separate document. Please request a copy from email@example.com
No return on products unless the product quality does not meet the mutually agreed written applicable product specification. In case of quality problems, customer should notify HuakeFiber within 10 days of the product ship-date to obtain approval on the return, and provide evidence to support the claim. No return on overstocked and unused products.
(1) Any and all defective merchandise must be covered by a Return Merchandise Authorization Number (RMA number) to be obtained from HuakeFiber´s Customer Service Dept. prior to the return of the merchandise; The Purchaser has 10 days for checking the received delivery. If after this period Purchaser found out that there is a quality problem, 3-5 pieces should be sent to HuakeFiber factory, on HuakeFiber cost, to evaluate. If the claim is confirmed by HuakeFiber factory, HuakeFiber will replace the defected items in max. 15 days.
(2) Any merchandise received by HuakeFiber without an RMA number clearly visible on the external portion of the packaging shall be refused and returned to the Purchaser at the Purchaser´s own risk and expense.
(3) Such request for an RMA number from HuakeFiber shall include the original invoice number of HuakeFiber the date of the original purchase order placed by the Purchaser, and a detailed description of the alleged defect.
HuakeFiber shall, upon receipt of the merchandise, evaluate any alleged defect and in HuakeFiber´s own discretion, shall assess whether the product in question is covered by warranty. If the product is found not to be covered by warranty, HuakeFiber shall obtain Purchaser´s prior authorization of charges and expenses, either verbally or in writing, before repair work shall commence.
Limitation of Liability
Except for the warranties stated herein, HuakeFiber is not liable to the customer for any consequential, incidental, exemplary, punitive, or indirect costs or damages, exemplary or indirect costs of damages, including without limitation, litigation costs, installation and removal costs, loss of data, damages resulting from use or malfunction of the products, production, profits, or revenues, or cost of replacement goods, arising from any cause whatsoever. In no event shall the total collective cumulative liability of HuakeFiber exceed the amount paid to HuakeFiber for the products from which such liability arose during the thirty-day period preceding the date of the claim.
If litigation is commenced by either party to enforce any contract including these terms and conditions, then the prevailing party shall be entitled to recover its reasonable costs, attorneys’ fees, collections’ fees and experts’ fees, both at trial and on appeal.