China 2 West – Legal

Terms & Conditions

Standard Terms and Conditions for the Supply of Goods and Services Application

1. On receipt of an order C2W will fulfil the contract subject to the provisions of these Terms and Conditions to the exclusion of all other terms and conditions.
2. They shall supersede all earlier terms and conditions and may be amended from time to time. You will be notified of any amendments by a notice on the C2W website.
3. These Terms and Conditions are deemed to have been accepted by you when you place an order with C2W.
4. If any part of these terms and conditions shall be invalid or unenforceable, then any other parts shall remain in full force and effect.

Order and Contract

1. The description of goods and services shall be as set out in our offer to supply.
2. C2W has the right and sole discretion to decline to carry out any service.
3. Purchase orders shall be deemed to be accepted and binding when we contact you to confirm acceptance either by telephone, e-mail or fax.
4. C2W is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods or the order or for reasons of unavailability.
5. C2W reserves the right to place restrictions on the volume of any goods ordered.
6. All products are subject to availability, E&EO. Such information is subject to change without notice.
7. If following our Purchase Order Acknowledgement (POA) goods are unavailable or if C2W needs to vary the price due to supplier price increases or exchange rate fluctuations then C2W shall notify you to allow the opportunity to cancel your order if C2W has not done so itself.
8. A Purchase Order Acknowledgement (POA) may only be changed when agreed in writing and signed by C2W.
9. All drawings, descriptive matter, specifications and advertising issued by C2W and any descriptions or illustrations contained in/on our website(s) are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of a contract.
10. C2W shall be free to sub-contract or otherwise deal with the whole or any part of the contract. We may at any time transfer or assign all or any rights and/or obligations or any part of it to any person, firm or company.

Order

1. Applicable delivery charges will be advised in our offer to supply.
2. Delivery dates are an estimate and shall not be made of the essence by notice. If delivery dates are not specified then delivery will be within a reasonable time. We will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods nor will any delay entitle you to terminate or rescind the order unless such delay exceeds 7 working days.
3. All risk for the goods will pass to you on signature of the delivery note.

Invoicing and Payment

1. Prices/charges and payment terms are as specified in our offer to supply and/or your invoice.
2. Payment shall be made in GBP, USD, EUR, or HKD unless prior agreement to use a different currency has been reached and put in writing. Exchange rates are to be taken from bank mid-rate on date of payment unless prior agreement has been accepted by C2W and are in writing. Local bank charges in country of payment are to be borne by the customer.
3. All goods and service/repair parts will remain the property of C2W until payment has been made in full and the customer shall remain a bailee only until payment is made.
4. You shall make all payments due under the contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by C2W to you.
5. C2W reserves the right at any time during the term of the agreement to suspend services and to withdraw access to a website if payment is withheld until such time that outstanding debts including relevant interest charges (if applicable) are collected in full. Equally C2W can then subsequently demand full payment in advance for the duration of the contract to supply said services if it then feels it is deemed necessary.
6. Any account outstanding beyond our credit terms may be passed out of hand to our debt recovery agents Daniels Silverman &. Associates Commercial Investigations. Accounts that are passed will be subject to a surcharge of 15% to cover the cost incurred. Such accounts will also be subject to any other costs incurred in obtaining settlement.
7. We have the right to charge interest as per the 1998 act for Late Payments of Commercial Debts. A credit charge of 5% above the Lloyds TSB lending rate for the period due date to settlement date may be made if an invoice is not paid by the due date. C2W reserves the right to vary the rate of interest charged.
8. Complaints and disputes must be notified by the customer to C2W in writing within 14 days of the date on the invoice.

Termination

1. Termination of the agreement shall not affect any obligation or liability of any party which has accrued at the date of termination.
2. In respect of any other accrued rights, neither party shall be under any further obligation to the other.
3. In the case of a cancellation of an order all "work to date" of cancellation will be chargeable and provided following receipt of full payment.
4. In the case of cancellation of an order for goods then customers must pay for the return carriage.
5. C2W reserves the right at any time during the term of the agreement to withdraw the service and/or access to a service in the event that we consider the product being made /service being offered breaches any applicable laws or the rights of any third party or is prejudicial to the interests of C2W.

Warranties

1. Goods are normally supplied with 12 months Manufacturer's Warranty from date of purchase from supplier you will be notified at time of order. In many instances the goods are supplied with a manufacturer's warranty card which will need to be completed and returned to the manufacturer by you to register your purchase.
2. All claims after 28 days from date of invoice should be directed to the manufacturer.
3. Return To Base (RTB) denotes return to C2W premises at your expense.
4. Physical damage is not covered by guarantee.
5. Any alteration to the equipment not authorised by C2W shall constitute a waiver by you of the guarantee.
6. Any service or setup charges included the price of a product or service is not covered by any warranty.

Returns

1. Prior to returning goods notify C2W by email stating your invoice number, product and fault details. A Returns Material Authorisation (RMA) number will be issued by C2W which is to be clearly written on the packaging.
2. Products being returned must be packaged accordingly, ideally in the original packaging supplied. C2W reserve the right to refuse to accept incorrectly packaged goods. Goods must be returned complete with all pieces as originally supplied.
3. Within a period of no more than 28 working days C2W will report their "fault" findings to you.
4. We will accept claims for damaged goods on arrival providing they are made in writing within 1 day of receipt of goods. The goods are to be returned to C2W for inspection should we so request.
5. No refunds or exchanges will be made until goods have been received by C2W. For your own protection it is advisable to obtain a receipt when posting returns and to pack items carefully to avoid damage.
6. Faulty goods may be returned to the supplier or manufacturer for investigation by C2W. They will repair or replace components found to be faulty at their discretion.
7. C2W shall use reasonable efforts to replace damaged or defective goods but if replacement is not possible, or if an order is cancelled for any other reason, then C2W's only obligation is to refund the full amount paid by you for said goods. This does not affect your statutory rights.
8. Goods lost in transit will be subject to investigation by the company used for transit. If investigation shows your claim to be valid then a replacement consignment will be dispatched in due course.
9. C2W will always give full consideration to any complaint received but liability will be limited in all circumstances to the refund of monies received or to the supply of satisfactory goods.
10. We reserve the right to charge a handling fee of up to 50% of the original purchase price for goods that are returned and following inspection are found not to be faulty.

Liability and Insurance

1. C2W accepts no liability for any delay, damage, costs or any other loss howsoever caused, arising from any matter relating to C2W if these are outside our reasonable control.
2. C2W accepts no responsibility for any mistakes or errors that arise during the course of any service and shall not be liable for any loss of information or data or any damage thereto or any loss of profit by any indirect, special or consequential loss whether caused by the negligence of C2W, its employees or agents.
3. It is the sole responsibility of you to check all goods and services as C2W cannot be held liable for any failures in this element of the service.
4. C2W will not be liable for any loss of data, copy, artwork, photographs or other materials which you supply to us. You are responsible for retaining such materials for whatsoever purposes you may require.
5. C2W expressly excludes any liability for any data held on equipment for repair or any costs incurred due to lost data. Data may be overwritten during the repair process. We recommend that any valuable data is copied/ removed before the item is sent for repair.
6. You hereby undertake to keep C2W fully and effectively indemnified against any liability which C2W may suffer or incur.

Force Majeure

1. C2W shall not be liable for any delay or failure in performance of any part of this agreement to the extent that such delay or failure is caused by transportation, fire, flood, explosion, accident, war, strike, embargo, governmental requirement, civil or military authority, Act of God, civil unrest, inability to secure materials or labour or any other causes beyond our reasonable control or beyond the control of that of our servants or agents. Any such delay or failure shall suspend this agreement until the Force Majeure ceases and the original contract for goods and/or service(s) shall be extended by the length of the suspension.

Confidentiality

1. Any information you provide to C2W including account and credit card details, is stored in a manner approved by Data Protection legislation and we enforce strict internal security procedures to ensure compliance and prevent unauthorised access.
2. Other than as necessary to fulfil your order we will not disclose your personal information, any secret or confidential information to any third party without your written consent or unless we are required to do so by law.

Jurisdiction

1. All aspects of contracts between you and C2W shall be governed and construed in accordance with the English law, and in the event of any dispute the parties submit to the exclusive jurisdiction of the English court.

First Time Visitor Conditions:

1. We do not accept orders for existing products below a total value of 10,000 USD.
2. We do not send any samples for free.
3. We do not develop products for free.
4. We do not supply limited or short run textile products.
5. We do not supply any 'branded' (Sony, Nintendo, IPOD etc) electronic items.
6. Orders will not be placed with factories until deposit funds have cleared in our HK business account.
7. Orders will not be shipped until balance payment has cleared in our HK business account (applications for delayed payment or LC payments are considered).
8. We are not a quotation service, only genuine enquiries will be considered.

Legal