TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY, ESPECIALLY THE BOLD AND ALL CAPITALIZED CLAUSES. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS AND CONDITIONS, PLEASE CONTACT FEASYCOM SALES REPRESENTATIVE.
1. This Agreement contains the terms and conditions that apply to your purchase from the FEASYCOM entity named on the invoice (“FEASYCOM ”) that will be provided to you (“Customer”) on orders for hardware, software and services sold to you. By accepting delivery of the products and/or services, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH FEASYCOM , IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) OTHER FEASYCOM STANDARD TERMS APPLY TO THETRANSACTION. Customer acknowledges and agrees that these terms and conditions are subject to change without prior notice at any time, in FEASYCOM’s sole discretion.
2. Law; Not for Resale and/or Sublicense. THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF PEOPLE’S REPUBLIC OF CHINA. The United Nations Convention on Contracts for the International Sale of Goods will
not govern this Agreement. It is irrevocably agreed that any disputes which may arise out of or in connection with these terms and conditions shall be submitted to the China International Economic and Trade Arbitration Commission Shanghai Commission for arbitration and that accordingly any suit, action or proceeding arising out of or in connection with these terms and conditions shall be brought in such arbitration tribunal. Customer agrees and represents that it is buying for its own internal use only and not for resale to any third party.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within FEASYCOM’s sole discretion. Payment for the products will be made by wire transfer, or some other payment method acceptable to FEASYCOM. FEASYCOM may invoice parts of an order separately. Orders are not binding upon FEASYCOM until accepted by FEASYCOM. Any quotations given by FEASYCOM will be valid for the period stated on the quotation. Customer shall submit any errors or mistakes on any invoice to FEASYCOM in writing within 30 days after receipt of such invoice. In the event that Customer fails to notify FEASYCOM of any such errors within such 30-day period, Customer will be deemed to have accepted the invoice as accurate and complete. Payment is due 30 days from date of invoice, to be received by FEASYCOM on or before the due date, unless advance payment is required according to the terms of Customer’s purchase. Customer will pay to FEASYCOM interest on overdue payments on the day-to-day balance at a rate of calculated at the lesser of 18% per annum or the highest rate permitted by applicable law. Customer agrees to pay all collection and other costs incurred by FEASYCOM, including but not limited to, reasonable attorney’s fees.
4. FEASYCOM Retention of Title; Risk of Loss. The property in the goods will remain in FEASYCOM until FEASYCOM has received payment in full for all sums due and owing on any account by Customer. If Customer sells or otherwise disposes of the products before payment in full as aforesaid has been made, Customer will in such case hold all monies received by it from such sale or disposal in trust for FEASYCOM and will on request furnish FEASYCOM with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable FEASYCOM to recover any outstanding sums due from such persons. So long as the property in the products remains in FEASYCOM, Customer will hold the products as bailee for FEASYCOM and will store the products so as to clearly show them to be the products of FEASYCOM, and FEASYCOM will have the right, without prejudice to the obligations of Customer to purchase the products, to retake possession of the products (and for that purpose to go upon any premises occupied by Customer). Nothing in this clause will confer any right upon Customer to return the products. FEASYCOM may maintain an action for the price, notwithstanding that property in the products has not vested in Customer. Notwithstanding that the property in the products may not have passed to Customer, Customer will carry all risk of loss of and damage to the products from the time when the products are delivered to a carrier for transmission to Customer or the prior delivery of the products to the stipulated place of delivery, either of which events will constitute delivery to Customer.
5. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY LAW, ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS, IMPLIED BY STATUTE OR OTHERWISE, ARE EXCLUDED. DESPITE ANY OTHER TERMS AND CONDITIONS, IF ANY PRODUCT OR SERVICE SUPPLIED BY FEASYCOM IS SUBJECT TO THE MANDATORY WARRANTIES AND CONDITIONS OF THE APPLICABLE LAW (THE “LAW”), AND IF THE LAW PROHIBITS THE EXTENT TO WHICH FEASYCOM CAN EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF THE LAW OR ITS LIABILITY FOR BREACH OF THESE WARRANTIES OR CONDITIONS, FEASYCOM 'S LIABILITY FOR BREACH OF ANY SUCH CONDITION OR WARRANTY WILL BE LIMITED AT FEASYCOM 'S OPTION TO: (I) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR RESUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (II) IN THE CASE OF SERVICES, THE SUPPLY OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND (III) FEASYCOM’S WARRANTY ABOUT THIS PART WILL LAST FOR ONE YEAR AFTER PRODUCT LEAVE FACTORY. ALL PRODUCT IS PROVIDED SUBJECT TO, AND CUSTOMER AGREES THAT IT WILL BE BOUND BY, THE LICENSE AGREEMENT THAT IS PART OF THE PACKAGE. ONCE THE PACKAGE IS OPENED OR THE SEAL IS BROKEN, CUSTOMER IS BOUND BY THE LICENSE AGREEMENT. SUBJECT TO THE FOREGOING, FEASYCOM DOES NOT WARRANT ANY PRODUCT UNDER THIS AGREEMENT; WARRANTIES, IF ANY, FOR THE PRODUCT ARE CONTAINED IN THE LICENSE AGREEMENT THAT GOVERNS ITS PURCHASE AND USE.
6. Adjustments/Return Policy. Customer shall have the right to return unopened (the license seal is not broken), stocked products subject to the specific terms and conditions imposed by the manufacturer of the product. The manufacturer, publisher or distributor may provide limited or no returns for the products purchased here-under. Non- stocked, special order products, CD/Disk duplications, and documentation are not returnable, except when defective under the applicable warranty. Customer acknowledges that it will be subject to the return policies of the manufacturer, publisher or distributor of the products purchased. If the manufacturer, publisher or distributor accepts the return, FEASYCOM will, at its option, either (i) replace the product; or (ii) grant Customer credit against future purchases in an amount equal to the purchase price of the product. Customer must obtain a RETURN AUTHORIZATION NUMBER (R.A.#) in advance of all returns, and prominently display that number on the outer packaging of the returned product for credit to be applied. Returned products will be accepted ONLY at the distribution facility identified by FEASYCOM at the time the R.A.# is issued, and must be addressed to the attention of the R.A.# issued. If the product is not received by FEASYCOM WITHIN 15 DAYS of the date the R.A.# is granted (or such shorter time period specified by FEASYCOM when the R.A.# is granted), or if the product does not meet the rights of return as stated above, Customer shall have no right to receive credit or return such product and shall have no further rights hereunder. All credits issued to Customer by FEASYCOM for any reason must be applied by the Customer within two years from the date the credit is issued. If not used within such period, credits will automatically expire. Shipping costs to return product(s) shall be paid by Customer. FEASYCOM reserves the right to charge a 15% administrative charge to Customer on all returns at any time. To request a Return Authorization Number, please call your customer service representative or our main number (+86 755 23062695).
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