Quality&Customer

Purchase Notice:

Unless otherwise agreed in writing, the terms set out below (“General Terms and Conditions”) shall apply to and govern any purchase arrangement between Smartclima Co.,Ltd. (“Company”) and a customer (“Customer”). These General Terms and Conditions supercede any terms and conditions contained in any document supplied by the Customer.

1. Formation of Contract

1.1 Quotations given by the Company are not offers capable of acceptance by the Customer.  There shall be no binding contract until written acceptance of the Customer’s order by the Company has been despatched to the Customer and such order shall only take effect on the basis that these General Terms and Conditions are accepted by the Customer and shall override any terms or conditions stipulated, incorporated or referred to by the Customer in the order or in any negotiations.

1.2 In the event that the Company finds an error in the pricing prior to dispatch of the goods the Company shall notify the Customer who will have the option to cancel the order in respect of the product concerned by notice in writing within 7 days of the Company’s notice.  The price payable shall otherwise be the corrected price.

1.3 Certain of the Company’s products are available in stock,and certain products maybe need to be customized.Before order,please confirm to the company.

2. Price

2.1 All prices are subject to:

(i) Value Added Tax and any other government duty or tax applicable.    Orders are only accepted for execution at the Company’s prices ruling on date of manufacture.  Increases in prices between the date of order and the date of manufacture shall be notified to the Customer prior to despatch and the Customer shall have the option to cancel the order in respect of products not delivered by notice in writing within 7 days of the notice of increase.

(ii) Shipping and handling charges.

2.2 Any extra cost incurred by the Company on account of delays interruptions or suspension of work due to default on the part of the Customer shall be added to the contract price.

2.3 Some of our products are available for purchase in our stock.  The cost of Sample and the cost of volume (bulk quantity) is very different on unit price,including exporting charges.

3. Payment

Because the company is facing world`s clients from different country and zone,we accept payment by bank transfer, or Western Union. We accept currency USD only.
Our service will submit Proforma Invoice to you according to your requirement.The clients need to let us know immediately after he pay.
If the order value is less than USD1000 payment by TT must include all banking charges.

3.1 Subject to completion of a credit application form and to satisfactory credit references and, if so required by the Company in the case of a Customer which is a limited company, the giving of a personal guarantee from one or more of its directors, the Company may grant the Customer a credit account in respect of which payment shall be due net cash by not later than 30 days from the date of the invoice.  The Company may invoice pro-rata for each delivery where delivery is by instalments.  Unless credit facilities have been granted payment in cleared funds is required prior to shipping.  In the case of payment by telegraphic transfer where the order value is less than USD1000.00 the customer must include all banking charges in its payment.

3.2 Non-payment on or before the due date (time being of the essence) shall entitle the Company, without prejudice to any other rights to:

(a) suspend any further deliveries of products whether under this contract or any other

(b) to require payment immediately of all unpaid invoices whether in respect of deliveries under this contract or any other

(c) to repossess the products (the Customer granting the Company all necessary access).

3.3 The Customer shall not be entitled to delay or withhold payment of the price or any part thereof on the ground that it has a claim or set-off against the Company.

3.4. The Company is authorised to use funds received from the Customer to settle the Customer’s invoices which are overdue for payment.

3.5. If payment is not made on or before the due date, the Company will exercise its statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 or under such equivalent legislation.

3.6 The Customer shall indemnify the Company against all costs incurred by the Company in obtaining payment of any overdue invoices. The Customer shall pay all administrative, collection agency or Solicitors legal costs and disbursements.

4. Delivery Time and Delivery

4.1 The Company shall use all reasonable endeavours to deliver the products to the Customer in accordance with any delivery date agreed in writing with the Customer. All delivery dates, whether agreed in writing or otherwise, are estimates only and, while the Company will endeavour to comply with any such date, time is not of the essence and the Company shall not be responsible for late delivery. Without prejudice to the generality of the foregoing, the Company shall not be liable for late delivery or failure to deliver through any cause which is beyond the control of the Company.

4.2 If the Customer is unwilling or unable to accept the delivery on the date when it falls due the Company shall have the right to make a storage charge for products not so delivered.

4.3 Samples of our products may be available, depending on the type of product, the nature of the enquiry, and the application in question.  Please email us with your request and we will let you know if we can send samples, or if you will need to make a minimum order for these products.If you have special request,for example,you have product`s drawing to let us process,mold cost will be discussed.

For delivery sample or small quantity order,the company will ship by TNT or DHL,or FEDEX,or UPS.(It`ll arrive at your hand)
Unless you have requirement of air delivery,for delivery bulk(volume) products,we ship by sea. If more quantity, we ship container by sea.For more details and delivery method,click here.

 5. Logo & Trademark

5.1 If the customer need the company to put his logo onto the product or package,he should issue “Logo Using Authority Paper” with signature and chop to the company.

 6. Risk

6.1 The Customer shall be liable for all risks to products supplied from the time of delivery to the Customer notwithstanding that title to the products has not passed by virtue of Condition 6.  The Customer should therefore insure the products against the usual risks.

6.2 If the Customer arranges collection of the goods, they shall be liable for all risks to products supplied from the time of collection.

7.Mold and Custom production.

7.1 The company agrees that the Mold(s) is to be considered confidential and proprietary to the customers and company shall hold the same in confidence, shall not use the the Mold(s) other than for the purposes of its business with customer.

7.2. The Molds paid by the customer is wholly and exclusively owned by the customer, the customer is entitled to possess, utilize and appropriate Molds. Upon the request of customer, the company shall return Molds within ten (10) days of such request.7.3. Without written authorization by customers, any third party is not allowed to acquire, utilize, manufacture, and sell the Molds or use the Molds to make any products.

8. Title

8.1. Products shall remain the property of the Company as legal and equitable owner until  all sums due to the Company from the Customer or invoiced by the Company to the Customer in respect of the contract or any other contract between the Company and the Customer been received in full by the Company in cleared funds.

8.2 The Customer shall be free to sell any products in the ordinary course of its business so as to pass good title to any third party, provided always that claims for proceeds from such resale shall be deemed to be assigned to the Company and proceeds from such re-sale received by the Customer shall be held by the Customer on trust for the Company to the extent necessary to effect full payment to the Company and the Customer shall if required by the Company immediately upon such resale notify the Company with full details of such resale.  Furthermore, the Company shall be entitled to notify the ultimate Customer that such resale price is to be paid direct to the Company.

8.3 Until payment has been made under sub-clause  6.1 of this clause the products remaining in the Customer’s possession shall be held by the Customer as bailee and in a fiduciary capacity for the Company which shall be entitled to terminate such bailment and the Customer hereby grants the Company the irrevocable licence to enter upon the Customer’s premises to recover the whole or any part of the products, which in the meantime shall be stored in such a way as to clearly identify them as being the Company’s property.

8.4 Recovery by the Company of the products or receipt of the proceeds of resale pursuant to this condition shall be without prejudice to the right of the Company to take other action against the Customer for the recovery of sums due to it to the extent that the products recovered or proceeds of resale do not have sufficient value to cover the sums due to the Company.

9. Specification

9.1 Subject to the remaining provisions of this condition, the products supplied will accord with the Company’s drawings agreed in writing with the customer.  Unless otherwise stated all other warranties as to quality, description or fitness for purpose (statutory or otherwise) are hereby excluded.

9.2 It shall be the customer’s responsibility to satisfy itself that the products are suitable in all respects for the customer’s purpose and the Company gives no warranty as to the fitness of the products for any particular purpose.

10. Liability

10.1. The Company shall not accept any claim if:

10.1.1. The Customer fails to notify the Company in writing immediately after it has detected such failure and no later than 14 calendar days after delivery.

10.1.2. The Customer refuses to allow the Company’s own personnel to inspect the claimed product at the place of storage or at the Company’s premises if the Customer delivers the claimed products at the Customer’s expense.

10.1.3 The product is not in its original condition.

10.2. The Company is entitled to be reimbursed for expenses incurred during the examination of a Customer’s claim (for example travel or shipping expenses).

10.3 The Company shall not in any event be liable to the Customer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising, including without limitation, loss of profit, loss of revenue, economic loss, depletion of goodwill and pecuniary loss of any kind whatsoever.

10.4 If any products supplied by the Company under this contract are found to be defective due to faulty materials supplied by the Company and/or workmanship by the Company, the Company’s liability shall be limited to at its option giving credit for such products or replacing the products.

11. Returns Policy – Web Purchases Only

11.1 The Company guarantees products to be free from faults at the time of shipping.  A full refund or replacement will be issued or sent if the product is found to be faulty within 14 days of receipt.  In this event the item should be returned to the Company at the customer’s cost.  Once the fault has been verified, a refund (including original shipping charges) or free of charge replacement will be offered.  This is subject to the product being returned with all original packaging and showing no sign of tampering or misuse.

12. Termination, Suspension and Cancellation

12.1 The Company reserves the right by written notice to suspend or cancel an order or part of any order:-

12.1.1 In the event of failure by the Customer to comply with any of its obligations under this contract, or

12.1.2 If the Company is reasonably of the opinion that the Customer is not in a position to meet its commitments to the Company or (being a limited company) goes into liquidation other than a voluntary liquidation for the purposes of amalgamation or reconstruction only or has a Receiver appointed to its undertaking or assets or a substantial part thereof.

12.2 The Company reserves the right to refuse purported cancellation of any order and to demand full payment of the price for the same, although the Company may at its sole discretion accept any cancellation upon such items as it thinks fit.

13. Privacy Policy

13.1 The Company does not disclose Customer’s information to third parties other than when details are processed as part of the order fulfillment.  In this event the third party will not disclose any of the details to any other third party.

13.2 Cookies are used on the shopping site to keep track of the contents of the Customer’s shopping cart, to store delivery addresses if the address book is used and to store the Customer’s details if he or she selects the “Remember Me”.  They are also used after you have logged on as part of that process.  You can turn off cookies within your browser by going to “tools/internet options/privacy” and selecting the option to block cookies.  If you turn off cookies you will be unable to place orders or benefit from the other features that use cookies.  Data collected by this site is used to (a) take and fulfill Customers orders (b) administer and enhance the site and service (c) disclosure to third parties for the purpose of delivering the Customer’s goods.

13.3 The company will display customer`s inquiry on the web in random,but the company will remove customer`s personal name,its company name or with anonymous type.

14. Force Majeure

14.1 The Company reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or natural emergency, acts of terrorism, protest, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

15. Jurisdiction

15.1. The formation, existence, construction, performance, validity and all aspects of the General Terms and Conditions shall be governed by the English law and the parties submit to the exclusive jurisdiction of the English Courts. This clause does not apply to a Customer who is a consumer purchasing via the Company’s website.