1. General

1.1

These Conditions govern all sales of the Goods when Fannteer Co., Ltd. (“the Company”) notifies its acceptance of the Buyer’s purchase order. The Buyer may not cancel orders accepted by the Company.

1.2

These Conditions supersede all previous oral representations, undertakings and agreements relating to the Goods. No variation of these Conditions will be binding unless made in writing by the Company.

1.3

It shall be confidential between the two parties for all content of negotiation, certain information, data and knowledge which it regards as confidential, secret, valuable and proprietary.

2. Delivery

2.1

Lead time of the Goods will be estimated upon confirmation of the Buyer’s purchase order.

2.2

Due to force majeure, war, politics and other unforeseen circumstances, the lead time may be delayed or unable to deliver, and any remedy of claim shall not admit.

3. Quotation, Price, Purchase Order and Payment

3.1

Written quotations by the Company remain valid for [30] days after their date of issue. If any quantity and/or drawing and/or requirement amended by the buyer, the Company may submit additional quotation.

3.2

The price of the Goods includes standard packaging, but excludes the cost of delivery, loading, unloading, transit insurance, special inspection requirements, production of special tools, duties and value added tax, unless the Company states otherwise in writing.

3.3

The Buyer shall pay in [US] dollar within [30] days after the invoice is issued, without any deduction, abatement or legal or equitable set-off, Unless the Company states otherwise in writing.

3.4

If the Buyer’s payment is overdue, the Company shall have the right, without prejudice to other claims, to charge interest in an amount of [1] % above the basic interest rate per day. The Buyer shall indemnify the Company fully against all fees, costs and expenses incurred in seeking to recover sums payable by the Buyer and repossessing Goods belonging to the Company.

4 Acceptance and Warranty

4.1

The Buyer shall inspect the Goods and shall be deemed to have accepted them unless it informs the Company in writing of any loss, shortage or excess within [7] days after receipt of the Goods. If the Buyer fails to comply with that obligation, the Buyer shall void the right to claim any remedy. The Company reserves the right to supply a quantity +/- [10] % than the quantity specified in the purchase order, except in individual case otherwise specified in writing.

4.2

The Company warrants the Goods will be reasonably free from defects in workmanship and materials for a period of [6] months after delivery. The Buyer’s sole remedy for any proven breach of this warranty shall be, at the Company’s option, the repair or replacement of the Goods. This warranty does not apply to damage or defects resulting from wear and tear, overloading, misuse, Buyer’s design alterations or faulty installation of the Goods.

5. Limitation of Liability

5.1

The liability to the Buyer as a result of the Company supplying defective Goods or any other breach of these Conditions, is to repair or replace of the Goods as above 4.2, or refund the order amount.

5.2

Unless the actual application information of the sealing products and/or the full consequences of potential claims and/or any other associated expenses result from late deliveries or quality defects, is known to the Company at the time of quotation request, and confirmed in writing, the Company hereby declares immunity to any subsequent claims which surpass the total value of goods delivered.

5.3

The Company will not be liable for any failure or delay in performing its obligations caused by any event beyond its reasonable control, including without limitation any act of God, fire, flood, plant breakdown, malicious damage, theft, non-availability of power, water, supplies or materials, industrial action, act of government or other public authority, civil disturbance, terrorism or war.

5.4

The Buyer warrants that it has authority to supply any materials, designs and specifications provided by it to the Company and that any Goods produced using or based on the same will not infringe any third-party rights. The Buyer shall indemnify the Company in full against any loss, claim, cost and expense arising from any breach of this warranty.