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Terms and Conditions

The following Terms and Conditions of Sale (“Terms and Conditions”) shall apply to all sales made by HELP TECHNOLOGY CO., LTD Carddress(“Supplier”) to a buyer of Supplier’s goods (“Purchaser”), and every agreement or other undertaking by Supplier is expressly conditioned on Purchaser’s assent to these Terms and Conditions.


Products and Prices

Products, prices, and terms and conditions are subject to change without notice. Customers will be notified of any such applicable charges due to changes in products, prices or terms when orders are placed.


Methods of Payment

We accept TT and Western Union; PayPal or Payoneer is charged additional 5% case-by-case basis. Unless otherwise stated in writing, payment terms are 50% down payment, and balance before shipment.


Custom Cancellation Fee

All custom orders are considered firm once proof is approved and in production and cannot be canceled without authorization. In such a case, a minimum $50.00 cancellation charge may be charged and all related pre-production costs will be invoiced.


Acceptance of Orders

A quotation addressed to Purchaser from Supplier does not constitute an offer to sell, and in no circumstances shall any contract arise unless and until the Purchaser submits an order to Supplier, and Supplier issues a written acknowledgment of the order to the Purchaser.


Price/Delivery Terms

Unless otherwise stated in writing, price and delivery terms are EXW site of shipment, as defined in Incoterms 2000, and such prices do not include sales, use or other taxes, transportation, freight handling charges, export/import license fee, customs duties and the like, all of which shall be paid by Purchaser, who shall indemnify Supplier against all claims and liabilities therefor. Unless otherwise specified in writing, delivery dates are estimates only, and Supplier shall not be liable for any damages, consequential or otherwise, resulting from the failure to deliver the goods by a particular date.


Inspection/Acceptance/Return/Cancellation

In the absence of an appropriate written notice with full particulars of any deficiency in the quality or quantity of the goods, sent to Supplier after Purchaser’s inspection of the goods, Purchaser shall be conclusively deemed to have inspected and accepted the goods within thirty (30) days after receipt. Purchaser may not return any goods, under warranty claim or otherwise, without first reporting to Supplier the reasons for such return and first obtaining and then observing such reasonable instructions as Supplier may give in authorizing any return. In the event Purchaser desires to cancel an order, Purchase may accept such cancellation in its sole discretion, however such cancellation, modification, or suspension of order will not be accepted on terms that will not fully indemnify Supplier against its loss, including recovery of all direct costs incurred, including normal indirect and overhead charges.


Damaged Shipments

All merchandise is inspected, weighed, and carefully packed for shipment before leaving of our warehouses. The freight company accepts liability when the shipment leaves our facility. Upon delivery of your shipment, promptly check the number and condition of cartons against the Bill of Lading totals before signing the freight Bill of Lading. If damage or loss is discovered – either visible or concealed – you must file a claim with the freight carrier within 14 days of the delivery date. We assume no liability for shipments damaged during transit.


Discrepancies

Any discrepancies between quantities shipped and quantities received must be reported to us within 24 hours of receipt of your order.


No Consequential Damages

Under no circumstances whatsoever shall Supplier and Purchaser be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability.


General

The invalidity or unenforceability (in whole or in part) of any provision, term or condition hereof, will not affect in any way the validity and enforceability of the remainder of such provision, term or condition, or any other provision, term or condition.

These Terms and Conditions may not be modified, terminated or repudiated, in whole or in part, except in a writing executed by the authorized representatives of Supplier and Purchaser. Supplier may, at its sole option, treat any attempted modification, termination, or repudiation to which it does not assent in writing, as a breach of these Terms and Conditions.

Upon any breach by Purchaser, or failure by Purchaser to comply with any of these Terms and Conditions, or if Purchaser becomes unable to conduct its normal business operations (including inability to meet its obligations as they mature), or makes any assignment for the benefit of creditors, Supplier will have the right to immediately cancel or terminate any and all agreements with or obligations to Purchaser relating to sales of the goods, in whole or in such part, which may result in the non-shipment or cancellation of Purchaser’s pending or future order(s) and/or termination of Purchaser’s relationship with Supplier, and to recover from Purchaser damages for breach (excluding consequential damages) and any unpaid installments due shall become immediately due and payable. All remedies in these Terms and Conditions will be cumulative, and not alternative or exclusive, and will be in addition to all other rights and remedies provided by applicable law. The exercise or failure to exercise any remedy by Supplier will not preclude the exercise of the same or other remedies under these Terms and Conditions.

Supplier will not be deemed to have waived any provision of these Terms and Conditions or any breach by Purchaser of any provision hereof, unless specifically set forth in writing and executed by an authorized representative of Supplier. No such waiver by Supplier will constitute a waiver of such provision or breach on any other occasion. Supplier shall not be responsible for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, terrorist actions, acts of God, shortages of materials, transportation delays, fires, floods, labor disturbances, riots or wars.

These Terms and Conditions, together with any quotation, order acceptance, or invoice subject to these Terms and Conditions, constitute the entire agreement and understanding of Supplier and Purchaser. Supplier assumes no liability except as expressly provided in these Terms and Conditions.


Arbitration

Any and all disputes arising under or relating to these Terms and Conditions and the transactions contemplated hereby shall be determined by the South China Sub-Commission of China International Economic and Trade Arbitration Commission (CIETAC) in accordance with the Arbitration Rules of the CIETAC, and be conducted in the English language.

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