Terms& Conditions
To serve the customers better, Dongguan Gunri Precision Mold Co., Ltd. (the "Company") issued the catalog of Press Die Components. All purchasers who utilize the Catalog service (the "Service") must strictly adhere to these Terms and Conditions. While, please be aware that because of the nature of the Products, some products may not be applied.
Article 1 Details of the Service
The Customer may purchase the Products listed in the Catalog, using the Service subject to the provisions of these Terms and Conditions and any terms set out in the Catalog (including, without limitation, specifications, price, delivery date, and terms of use). However, please be aware that because of the nature of the Products, the Customer’s business or other standards prescribed by the Company, or at the discretion of the original manufacturer or the Company, some Products may be removed from the Service or the Catalog without prior notice or warning to the Customer and without liability to the Company.
Article 2 Contracts and Ordering the Products
1. The Customer may apply to purchase the Products using the following methods. Provided, however, that the Company may restrict the ordering method depending on Special Orders or the type or quantity of the Products ordered. The date and time the Company may receive an order are set out in the Catalog.
1. Facsimile orders: Company accepts Customer order copy as long as contains all necessary information to fulfill the order and is sent to the fax number supplied by Company.
2. Phone orders: Under an emergency, the Customer may purchase the Products by Phone calling. But after calling, all necessary information need to be fulfilled, and be sent to the email address, Fax Numbers or other telecommunication methods supplied by Company.
2. Orders made by the Customer will become effective upon receipt and acceptance of the order by the Company under Article 2.1. If the Company is unable to receive the order due to a problem with any telecommunication service or any of the details required for the order are missing, the order will not be deemed effective. In this case, the Company will not be liable in any way for the Customer not being able to purchase the Product or any damages arising in connection therewith. Orders made by the Customer will constitute a sales agreement upon receipt and acceptance of the order. Provided, however, that this will not apply if the Company notifies the Customer that it declines the order immediately after receiving the order. In this case, the Company will not be liable in any way for the Customer believing that the order constitutes a sales agreement or any damages arising in connection therewith. If the Company deems it particularly necessary, it will additionally execute a written sales agreement with the Customer and change the terms of sale.
3. Please be aware that the Company may claim from the Customer any expenses the Company incurs in connection with requests from the Customer.
Article 3 Indemnification
1. The products are to be used as a part of general production equipment or for general commercial or industrial uses in line with the nature of the Products ("General Industrial Use"). Please note that General Industrial Use does not include any use in transportation devices with the purpose of transporting humans such as automobiles, vehicles, or ships, medical equipment with the purpose of curing and diagnosing humans, or consumer goods that are used in general households such as electronic and electric equipment.
2. The Products may not be used in aerospace equipment, nuclear energy equipment, or military related products such as weapons or arms.
3. The Customer shall use the Products at all times in compliance with matters relating to the Products that are listed in the Catalog or the Terms and Conditions, such as the specifications, intended uses, terms of use, conditions of use, or drawings; or with any notice or other description in documentation that comes with the Products (or accessories).
Article 4 "Day to Ship"
1. The Company will ship the Products to the customer based on the shipping dates ("Days to Ship") set out on the relevant page of the Catalog. However, depending on the type and quantity of the Products ordered (for example, due to customization of Products or the order size), or depending on the time when the order is placed, the Company may determine alternative shipping dates. Unless otherwise stated, freight and shipping fees will be charged for shipments to the Customer’s place.
2. The Days to Ship and the dates when the Products are actually delivered to the Customer may be different. When ordering the Products, please see the period required for the delivery set out in the Catalog. Please also be aware that the Products may not be delivered within the delivery period set out in the Catalog due to transportation factors such as weather, traffic jams, or road construction, the timing of the shipment, or any other reasons, and in this case the Company will not be liable to the Customer in any way.
Article 5 Delivery of the Products
1. If the Products are delivered to a location other than that specified by the Customer, the person receiving the Products may be required to provide personal identification. Upon receiving the Products, the Customer is requested to affix its seal or representative's signature to the delivery company’s form as proof of receipt.
Article 6 Inspections
1. Within one (1) week of receipt of the Products, the Customer must inspect the Products to confirm the name and quantity of the Products, verify that the specifications of the Products match those listed in the Catalog and verify that that there is no damage, deformation, defects or flaws (including if the specifications do not meet those listed in the Catalog or, in the case of special orders, specified in the Customer's drawings) (collectively, “Defects”) in the Products. If the Products fail to meet the specifications or have any Defects, the Customer must give written notification to the Company within one (1) week of receipt of the Products. If the Products fail to meet the specifications or have any Defects, the Customer is requested to immediately send written notification detailing the Products that do not meet the specifications or are defective and the cause and status thereof to the Company’s address provided by the Company.
2. Please note that the Company may deem that the Products have been inspected and approved by the Customer if it does not receive notice within one (1) week of receipt of the Products.
Article 7 Remedies
The Customer's sole and exclusive remedy under this Warranty shall be limited to, at the Company' s discretion, the replacement or repair of any defective Products or part thereof, or a refund of the purchase price paid by the Customer for the Product in exchange for the Customer's return of the Product to the Company, free and clear of all liens and encumbrances of any nature. Such remedy is contingent upon (i) the Customer providing written notice to the Company within the warranty period, with sufficient detail as to the alleged Defects, and (ii) the Company deems the Defects to be attributable to the Company.
Article 8 Extra Products
If the Company delivers to the Customer a greater quantity of the Products than that which the Customer ordered and such mistake is attributable to the Company, the Customer may return the extra Products to the Company upon contacting the Company. In this case, the Company will pay for all shipping costs incurred in returning the extra Products. The Customer is kindly requested to keep the extra Products in its original condition and packaging from the time it receives such Products until it returns them to the Company.
Article 9 Refusal to Receive Products
If the Customer refuses to receive the Products or the Products cannot otherwise be sent to the Customer's address for reasons attributable to the Customer (such as nobody being at the address to receive the Products), the Company will consider the sales agreement for such Products to be automatically terminated. Please be aware that in this case the Customer must pay an amount equivalent to the price of the Products and any damages incurred by the Company. Provided, however, that this will not apply if the Company believes there are special circumstances in light of the nature, type, or quantity of the Products, the distribution system used or any other factor.
Article 10 Force Majeure Disclaimer
If any delivery of products is delayed or impossible due to natural disasters (including, without limitation, earthquakes, floods and fires), amendments to or abolishment of laws or ordinances, dispositions through exercise of a public authority, transportation-related problems, labor disputes or any other circumstances beyond the control of the Company (a “Force Majeure” event), the Company will notify the Customer within a reasonable period considering such circumstances. Provided, however, that the Company will not be liable in any way for any damages or expenses incurred by the Customer due to such delay or failure in delivery.
Article 11 Changing or Cancelling Orders
1. Customer may change the details of or cancel an order ("Cancellation") in accordance with the "Cancellation Policy" as set out in the Catalog. The Company reserves the right not to accept cancellations because of the nature, type, quantity or shipping date of Products, the distribution system used, or other relevant factors.
If a Cancellation is made through no fault of Company there may be a restocking charge or a production cancellation charge as provided for in the Cancellation Policy. These fees are applied to offset the costs incurred by Company for handling and/or production work already performed.
No Cancellations or returns can be accepted if Express Service is requested at the time of order.
2. Depending on the time of making the Cancellation, type and quantity of the Products and other factors, the Customer may have to pay a cancellation charge pursuant to the terms set out in the Catalog or in the Cancellation Policy.
3. The Customer may not cancel an order unless such cancellation is in accordance with the provisions of this Article 11. If the Company cannot accept a Cancellation from the Customer, it may be possible for the Customer to return the Products in accordance with the provisions of Article 12.
Article 12 Returning and Replacing Products
1. Customer may return and replace Products ("Return") to Company, unless any of the following cases apply:
1. Products to be deal with for more than 3 days.
2. Products are designated as "Non-Returnable" in the Catalog.
3. Products that have been opened, unpacked or used.
4. Products ordered by Company from a third party at Customer's request.
5. Products that have deteriorated or been damaged due to an error in Customer's use.
6. Products that Customer wishes to return because of Customer's preferences such as Products not suiting Customer's tastes (having a different color or appearance from that in Catalog).
7. Products that have marks or damage attributable to Customer.
8. If 30 days has passed since the date of delivery of Products.
9. If Customer has placed a large order for Products.
10. Dangerous goods.
2. If there are any Defects attributable to Company, Company will replace or accept a return of Products that have been delivered to Customer if Customer contacts Company in accordance with the Warranty. Company will pay for all reasonable shipping costs incurred in replacing Products.
3. Customer must pay all associated shipping costs and a handling or restocking fee under the provisions of Article 1 of the Terms and Conditions.
4. The purchase price of Products that have been returned to Company will not be calculated in the aggregate amount that is used to determine any volume discounts to be offered by Company and all prices will be re-calculated accordingly.
Article 13 Warranty
1. The Company warrants that all Products sold or delivered hereunder shall be free from Defects in workmanship, materials, and manufacture, at the time of delivery and for a period of one (1) year from the shipping date. “Defects” are any damage, deformation or defects to the Products that are attributable to the Company. “Defects” do not include minor flaws such as scratches, marks, dents, or discoloration that do not make the Products unusable; provided, however, that if the Company deems any flaws such as scratches, marks, dents or discoloration to be particularly significant, such flaws will constitute a Defect.
2. The following cases are outside of the scope of this Warranty:
1. Defects caused by use of the Products in any way other than as a part of General Production Equipment. In this case, “General Production Equipment” means automatic assembly machinery, machining jigs, inspection jigs, and factory automation machinery, but does not include transportation devices with the purpose of transporting humans such as automobiles, vehicles, or ships, medical equipment with the purpose of curing and diagnosing humans, or consumer goods that are used in general households such as electronic and electric equipment.
2. Defects caused by use of the Products in aerospace equipment, nuclear energy equipment, or military-related products such as weapons or arms.
3. Defects caused by recklessness or error in the Customer’s handling of the Products, including any abuse, misuse, improper installation, maintenance or operation, or electrical failure.
4. Defects caused by natural disasters (including, without limitation, earthquakes, fires and floods).
5. Defects caused by failure to comply with conditions relating to the Products that are listed in the Terms and Conditions or in the Catalog, such as the specifications, intended uses, terms of use, conditions of use, or drawings; or with any notice or other description in documentation that comes with the Products (or accessories).
6. Defects caused by the Customer itself in processing, repairing, modifying or disassembling the Products.
7. Defects caused by equipment other than the Products.
8. Defects caused by using the Products for untested or unanticipated purposes or in untested or unanticipated ways.
9. The Customer's use of the Products in violation of any law, regulation, or ordinance.
10. Any other case in the Catalog in which the Company has determined it will not warrant the Products, or repair or replace the Products.
Artcile 14 Resonpsiblities
1. The Catalog is designed according to JIS, DIN, AISI Standards, including materials, codes and other specifications. Please be aware that all materials are from mainland China, with corresponding code, for example, SUJ2 in JIS is GCR15 named in China. For more details, please refer to the Catalog.
2. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE COMPANY, UNLESS SPECIFICALLY PROVIDED HEREIN. IN NO EVENT SHALL THE COMPANY’S LIABILTY HEREUNDER OR OTHERWISE ARISING RELATIVE TO THE SALE OF THE PRODUCT EXCEED IN ANY EVENT OR UNDER ANY THEORY OR CAUSE OF ACTION, THE PURCHASE PRICE PAID BY THE CUSTOMER TO THE COMPANY FOR THE PRODUCT.
Article 15 Payments and Taxes
1. The Customer must pay the purchase price for the Products it has purchased and all taxes imposed thereon by any of the methods set out in the Catalog.
2. please be aware that the Company may request advance payment.
3. If the Customer fails to pay the amount for the Products and all taxes by the due date, any amounts due shall bear interest at the rate of six percent (6%) per annum or the highest rate of interest permitted by applicable law, whichever is lower, until paid in full.
Article 16 Intellectual Property Rights
1. All content, text, images, data, information and other material ("Content") displayed, available or present in the catalog, including any trademarks or copyrights, are the property of Gunri Mold or the designated owner and are protected by applicable intellectual property laws. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display the catalog or any Content without the prior written permission of Gunri Mold.
2. The Customer will defend, indemnify and hold harmless the Company from and against any claims or damages in connection with problems arising through the Customer’s breach of this Article 16.
Article 17 Printing and Amendment
1. While in editing the Catalong, there may be some mistakes or neglects, please be aware that all should be subject to the Products.
2. Please be aware that the further amendments will be added without prior notice. If any question, please contact the Company.
Article 18 Consultation
1. Any matters not provided for in these Terms and Conditions must be dealt with in accordance with the spirit of these Terms and Conditions upon consultation between the Company and the Customer.
Article 19 Acknowledgment and Acceptance
1. By using the Catalog, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use the Catalog or download materials.
These terms and conditions will be available since 9th., June, 2013.
Date: 9th., June, 2013