General Terms and Conditions
DB Fasteners (China) Ltd.
General Terms and Conditions
Preamble: Our General Terms and Conditions shall exclusively apply to all contracts between DB Fasteners (China) Ltd. (hereafter called DB Fasteners) and our customers. Any differing conditions or terms of buyer are herewith objected to and shall not apply. Any agreement revising the Terms and Conditions as set forth here shall be in writing and can only be approved by the General Manager of DB Fasteners.
1. Terms of Delivery:
a) Point of Delivery: Unless otherwise specified in the contract the Point of Delivery shall be ex-works the DB Fasteners warehouse in Shanghai.
b) Delivery Date: All Delivery & Shipping Dates are estimates only. DB Fasteners is not liable for delays caused by manufacturing delays, customs inspections delays, strikes, unforeseen events, etc.
c) If DB Fasteners has quoted inventory as “Subject to Prior Sale” and said inventory is outside of DB Fasteners’ control (i.e. factory or another distributor) then DB Fasteners has two business days to rescind the contract in the event the inventory is not available by the time DB Fasteners places PO with Vendor.
d) Buyer Deferred Delivery: Unless otherwise specified Buyer may defer delivery to a maximum of 30 days from the later of a) expected Delivery Date or b) products available to be shipped date.
2. Transfer of Title: Transfer of Title occurs at the Point of Delivery as specified in the contract.
3. Terms of Payment: Payment shall be in RMB deposited into DB Fasteners’ “basic” bank account.
4. Credit Terms: If DB Fasteners has agreed to give Buyer credit the terms will consist of both a time limit (i.e. 30 days) and a liability limit (i.e. 50,000 RMB) and is specified on the Sales Contract. DB Fasteners reserves the right to cancel credit if at any time Buyer violates the contract terms, including but not limited to DB Fasteners enforcing delivery by way of legal action.
5. Quality: Quality shall be determined in accordance with the following provision (whichever is appropriate):
a) Consensus Standard: GB, ISO, DIN, SAE, etc.
b) Agreed upon PPAP Documents and/or drawings as communicated and agreed between Buyer and DB Fasteners.
c) Manufacturer’s specifications as communicated by Manufacturer.
Any complaint about quality shall be received in 10 days of delivery or it is assumed the parts were acceptable. When reporting quality problems Buyer must provide the relevant traceability information (lot number, shipping date, etc.) for DB Fasteners to provide original manufacturer.
DB Fasteners has no Warranty or Liability for Buyer imposed quality criteria.
6. Packaging: Products are packaged by weight and a volume discrepancy of +/- 5% is considered acceptable. DB Fasteners will consider special packing instructions upon request (price to be determined) otherwise DB Fasteners will choose the packaging. Any complaint about quantity delivered shall be received within 10 days of delivery or it is assumed all parts were delivered correctly.
7. Warranty: DB Fasteners (China) Ltd. warrants that the products sold to buyer meet the relevant Quality specifications and be free from defects in material and workmanship at the time of delivery. DB Fasteners is responsible for resolving warranty problems with the actual manufacturer on behalf of Buyer (length of warranty varies from vendor to vendor and product to product).
Seller makes NO warranty that the products are suitable for a particular purpose or application. Furthermore, warranty is void if the Buyer a) installs the products incorrectly, b) uses the tooling incorrectly or c) modifies the products without written consent from DB Fasteners.
8. Liability: Liability for damages is no more than the value of the defective products. Products shall be returned to DB Fasteners to verify the products are defective. If necessary, an accredited 3rd party inspection agency of DB Fastener’s choosing shall arbitrate if the products are defective or not.
9. Acceptance Terms: DB Fasteners shall present contract to Buyer via email, fax or QQ and Buyer within 24 hours from the time sent to sign, chop and send back to Seller. All contracts shall be sent by DB Fasteners from a) DB Fasteners fax (+86 21 3360 0150), b) DB Fasteners corporate email (email@example.com) or c) DB Fasteners corporate QQ account (2880909160 – 2880909189). Buyer must return accepted contract by these same channels.
In the event DB Fasteners accepts Buyer’s contract or purchase order these General Terms and Conditions shall be interpreted as an attachment to the contract and still apply.
10. Buyer understands and agrees that in addition to Chinese laws DB Fasteners also follows the U.S. FCPA and U.S Export Restrictions laws. Buyer agrees to respect these laws as it pertains to any products purchased from DB Fasteners.
11. Dispute Location: In the event of a dispute all claims are to be settled in the district of Jing ’an court, Shanghai city.
12. Severability: In the event one or more of the clauses above are legally invalid the validity of the remaining clauses of this General Term and Conditions remains unaffected.
13. If there is a difference in interpretation between the Chinese and English in this agreement the Chinese interpretation shall be used.