UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. GENERAL
Hongrui Plastic ("Seller") hereby offers for sale to the buyer ("Buyer") the Hongrui Plastic products (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this Agreement differ from the terms of Buyer's offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer's document. Buyer's receipt of Products or Seller's commencement of the services provided hereunder will constitute Buyer's acceptance of this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller. 2. PRICE
All prices published by Seller or quoted by Seller's representatives may be changed at any time without notice unless otherwise set forth in writing by Seller. All prices quoted by Seller or Seller's representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment on account of changes in specifications, quantities or shipment arrangements, increases in the cost of raw materials or cost of production, or other terms or conditions which are not part of Seller's original price quotation. 3. TAXES AND OTHER CHARGES
Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must be paid by Buyer. 4. SHIPPING POLICY
If a shipping method is not specified, we will determine the most expedient and efficient means of shipment. Appropriate charges (such as freight and insurance), provided by the various carriers used by Hongrui Plastic, will be added to your invoice. These charges are determined (at time of shipment) by product plus packaging weight, overall package dimensions, as well as any other special shipping requirements. Your final shipping costs may differ. Hongrui Plastic will not be liable for any claim, loss, or damage caused in whole or in part due to delay in or failure to make delivery when such delay or failure is directly or indirectly caused by act of God; strike or other labor difficulty; transportation problems; inability or delay in obtaining necessary labor, material or products from usual sources; material shortages; accident; act of any civil or military authority; act of war; or act of purchaser; or by the occurrence of any other contingency beyond Hongrui Plastic's reasonable control. In such event, the date of delivery or time for completion shall be postponed by such length of time as may be reasonably necessary to compensate for the delay. 5. DELIVERY
All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products as to which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's risk and expense and for Buyer's account. 6. CANCELLATION
Orders placed by Buyer with Seller may not be canceled after shipment except upon Seller's written consent, and subject to Buyer's acceptance of Seller's cancellation and/or restocking charges that shall protect Seller against costs and expenses associated with such cancellation. No Product may be returned except under warranty and with the prior written approval of Seller as evidenced by a Return Materials Authorization (RMA). 7. RETURN POLICY
We understand that sometimes mistakes are made and orders need to be cancelled or postponed. When that is the case, please call us immediately.
Returns must be received within 90 days of the date shipped to you.
All returns for credit must be in new condition, include original outer packaging, inner packing materials, and other accessories.
We reserve the right to refuse a return or to charge a restocking fee for damaged, incomplete, or otherwise non-conforming returns. In addition, there may be some restrictions on certain products being returned, such as:
• Non-cancellable and non-returnable products (as communicated per your invoice or order acknowledgement) 8. WARRANTY
• Products that are no longer in usable condition (unless being returned for repair)
Seller warrants to its direct purchaser that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller's product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to Buyer (the "Warranty Period").
In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) abuse, neglect, misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products, (vii) use of the Products in combination with equipment or software not supplied by Seller, (viii) ordinary maintenance, (ix) alterations, repairs or installations that have not been performed by Seller or its authorized representative or (x) failure to maintain Products in accordance with Seller's written instructions. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, Buyer shall pay Seller therefore at Seller's then prevailing time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER OR ITS AUTHORIZED REPRESENTATIVE WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. 9. LIABILITY
Hongrui Plastic shall be under no liability in respect of any defect in the Goods or Services arising from any short coming in any drawing, design or specification supplied by the Customer. Hongrui Plastic shall be under no liability if the total price for the Goods or Services has not been paid by the due date for payment. 10. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 7 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. 11. INSPECTION
For any Products that are not installed by Seller, Buyer must inventory and inspect such Products within five (5) calendar days of receipt. If any damage is discovered, Buyer is responsible for filing any and all claim(s) with the carrier unless Seller in writing otherwise agrees to do so. Buyer shall not file warranty claims for damages incurred in shipping and handling. 12. MANUFACTURE
Seller reserves the right to discontinue the manufacture of, or to change or modify the design or construction of the Products sold, without incurring any obligation to Buyer. 13.DRAWINGS AND ILLUSTRATIONS
Unless otherwise agreed to in writing by Seller, any drawings, illustrations, photographs, descriptions, specifications, and particulars of weights and dimensions provided are only for the purpose of showing the general style, arrangement, and approximate dimensions of the Products offered. No work is to be based on drawings unless the drawings are certified and agreed to by an authorized representative of Seller. In no event will Seller supply manufacturing or proprietary drawings.