PLEASE READ THIS DOCUMENT CAREFULLY, ESPECIALLY THE BOLD AND ALL CAPITALIZED CLAUSES. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS AND CONDITIONS, PLEASE CONTACT JACTON SALES ENGINEERS.
This Agreement contains the terms and conditions that apply to your purchase from the Jacton entity named on the invoice ("JACTON INTERNATIONAL LIMITED") that will be provided to you (Customer) on orders for the products sold to you. By accepting delivery of the products, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Jacton, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) OTHER Jacton STANDARD TERMS APPLY TO THE TRANSACTION. Customer acknowledges and agrees that these terms and conditions are subject to change without prior notice at any time, in Jacton's sole discretion.
Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a writing signed by Customer and Jacton.
Law
Not for Resale and/or Sublicense. THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF PEOPLES REPUBLIC OF CHINA.
The United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement. It is irrevocably agreed that any disputes which may arise out of or in connection with these terms and conditions shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration and that accordingly any suit, action or proceeding arising out of or in connection with these terms and conditions shall be brought in such arbitration tribunal.
Payment Terms, Orders, Quotes
Terms of payment are within Jactons sole discretion. Payment for the products will be made by bank wire transfer, or some other payment method acceptable to Jacton. Jacton may invoice parts of an order separately. Orders are not binding upon Jacton until accepted by Jacton. Any quotations given by Jacton will be valid for the period stated on the quotation. Customer shall submit any errors or mistakes on any invoice to Jacton in writing within 2 days after receipt of such invoice. In the event that Customer fails to notify Jacton of any such errors within such 2-day period, Customer will be deemed to have accepted the invoice as accurate and complete. The Customers orders payment is on a Proforma Invoice basis with 30% to 50% advanced payment or full payment prior to manufacture starting, balance prior to shipment. Special payment terms will be in writing in the Proforma Invoice which agreed by customers and Jacton.
Retention of Title, Risk of Loss, Storage Time
The property in the goods will remain in Jacton until Jacton has received payment in full for all sums due and owing on any account by Customer. If Customer sells or otherwise disposes of the products before payment in full as aforesaid has been made, Customer will in such case hold all monies received by it from such sale or disposal in trust for Jacton and will on request furnish Jacton with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable Jacton to recover any outstanding sums due from such persons. So long as the property in the products remains in Jacton, Customer will hold the products as bailee for Jacton and will store the products so as to clearly show them to be the products of Jacton, and Jacton will have the right, without prejudice to the obligations of Customer to purchase the products, to retake possession of the products (and for that purpose to go upon any premises occupied by Customer). Nothing in this clause will confer any right upon Customer to return the products. Jacton may maintain an action for the price, not withstanding that property in the products has not vested in Customer. Notwithstanding that the property in the products may not have passed to Customer, Customer will carry all risk of loss of and damage to the products from the time when the products are delivered to a carrier for transmission to Customer or the prior delivery of the products to the stipulated place of delivery, either of which events will constitute delivery to Customer. All customers orders storage time is maximum one and half months in Jacton factory or warehouse. Storage time is from Jacton informs customers whose orders are finished or ready for shipping, until to customers orders are shipped out of Jacton's factory or warehouse. Whatever customers paid full payment or 30% to 50% deposit, the storage time exceed the one and half months, this order of the customers will be deemed to be cancelled, and don't return back the paid payment.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS, IMPLIED BY STATUTE OR OTHERWISE, ARE EXCLUDED. DESPITE ANY OTHER TERMS AND CONDITIONS, IF ANY PRODUCT SUPPLIED BY Jacton IS SUBJECT TO THE MANDATORY WARRANTIES AND CONDITIONS OF THE APPLICABLE LAW (THE LAW), AND IF THE LAW PROHIBITS THE EXTENT TO WHICH Jacton CAN EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF THE LAW OR ITS LIABILITY FOR BREACH OF THESE WARRANTIES OR CONDITIONS, Jacton 'S LIABILITY FOR BREACH OF ANY SUCH CONDITION OR WARRANTY WILL BE LIMITED AT Jacton 'S OPTION TO, IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR RESUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
Prices, Shipping Costs, Taxes, Delivery Dates
For exporting, all quoted prices for Products do not include any exporting compact plywood cases cost, local and oversea transportation cost, China customs declaration cost, insurance cost, importing taxes, importing customs clearances and other costs etc. unless so stated specifically. Unless otherwise specified by Jacton, all prices are EX-WORKS Jacton's factory or warehouse. All payments shall be made in United States dollars or European dollars. Customers shall not make any set-off deductions without Jacton's written consent. All delivery dates are approximate, and Jacton shall not be responsible for any damages or losses of any kind resulting from any delay.
Warranty Certificate
All the products (except non-standard products) supplied by Jacton will be undertakes to guarantee the proper functions for the period of 12 months from the date of the products arrive customers country. In the event of fault being found, or should a consignment (or part of it) not match your requirements, please contact Jacton (not less than five (5) working days following the date received, in the case of a consignment error). Jacton will investigate in line with our quality arrangements and, where appropriate, supply replacements, carry out repair - at Jacton's discretion. The replacements shall be equal to that indicated in above products. Failure to operate or handle above products shall invalidate this warranty. Claim for any latent defects discovered during the guarantee period of above products. Must be submitted to Jacton not later than 15 days after expiration of the guarantee period.
Sales Terms and Conditions, Jacton, Linear Actuators, Screw Jacks, Bevel Gearboxes, Right Angle Gearboxes, Screw Jack Lift Systems