SINDOPOWER Terms and Conditions
The following terms of delivery shall be effective for all offers and orders, or acceptances of orders submitted or received by SINDOPOWER, provided nothing has been otherwise stipulated in writing. Unless agreed upon otherwise, these general terms of delivery become part of the contract at the time the contract is concluded.
The general terms and conditions of the contracting party, in particular the terms of purchase, shall not be effective, even if the contracting party explicitly requests the validity of these terms in their orders. The acceptance of the order by SINDOPOWER cannot be assumed as a basis for the effectiveness of other terms.
2. Conclusion of Contract
Our product offerings are intended exclusively for persons and unincorporated firms who, with the conclusion of the business transaction, are practicing their commercial or independent professional trade, as well as for the legal entities under the laws of the P.R.China. The submission of the order by the customer shall be a binding declaration that he is not operating as a private buyer.
The product presentations on our website are solely for the purposes of a non-binding presentation of the products. By clicking the “Order” button, the customer submits a binding offer to purchase the selected product. SINDOPOWER will subsequently send the customer an order confirmation by e-mail, thus accepting the offer made by the buyer. Only as a result of this shall a binding contract between the parties go into effect.
The customer is not entitled to cancel the agreed purchase order (contract).
3. Delivery Dates
Delivery dates or deadlines are only binding with an explicit guarantee in writing.
In the event of a delivery delay on the part of SINDOPOWER, the buyer shall have the right to grant in writing a grace period of at least three weeks, under penalty of refusal. Should the order in question remain unfulfilled after this period has elapsed, the buyer is entitled to withdraw the order.
If the non-compliance with a delivery date is due to missing supply to the manufacturer, force majeure, labor dispute, unforeseen obstacles or other circumstances over which SINDOPOWER has no control, and in particular when such circumstances affect upstream suppliers, the delivery date shall be extended to an appropriate extent.
If the contracting party defaults on accepting the delivery, SINDOPOWER shall be entitled to require compensation for the resultant damages. Upon occurrence of defaulting on acceptance, the hazard of incidental deterioration and of incidental destruction shall be transferred to the contracting party.
4. Successive Delivery
SINDOPOWER has the right to make partial deliveries. If an order is fulfilled in the form of partial deliveries, SINDOPOWER has the right to determine the order in which parts and the respective quantities are delivered.
The risk of incidental destruction and incidental deterioration of the goods shall be transferred to the buyer after goods are handed over to the carrier or parcel delivery service provider, the shipper or to any other person or institution responsible for executing the shipment. This shall also apply in cases when partial deliveries are made or SINDOPOWER has accepted to perform other services such as the shipment, transport or setup.
If the shipment is delayed due to circumstances for which the buyer is responsible, the risk shall be transferred to the buyer on the day of readiness for dispatch. SINDOPOWER is, however, obligated upon request by and at the expense of the purchaser to effectuate any insurance policies required by the buyer. SINDOPOWER reserves the right to store the goods under legitimate circumstances. The storage shall be at the expense of the buyer.
SINDOPOWER is not responsible for the amount of time needed for transport by the forwarding agent, parcel delivery service, carrier or other person or institution handling the shipment.
6. Products and Services
SINDOPOWER reserves the right to deliver products of technically equivalent or higher quality than those ordered and confirmed. It is agreed that such products of equivalent or greater value are acceptable. The products delivered and the services rendered are specified in the data books, catalogues, drawings or similar. These do not assure properties. Drawings/tables, dimensional specifications or capacity specifications are only binding when explicitly stipulated in writing. However, these do not guarantee properties any more than the disclosure of technical specifications for products.
The prices listed in the eCommerce Portal include VAT and buyer shall pay a flat freight of 95 RMB for orders with net value below 500 RMB. These prices are expressed in RMB.
We reserve the right to make price changes at any time and without prior notice. All prior price lists are herewith rendered invalid.
Pricing for special designs or considerably larger quantities is available upon request.
The customer shall not return packaging material and is responsible for its proper disposal in accordance with the legal rules and regulations in force.
9. Invoicing and Payment
The invoicing amount includes the price of goods, flat freight, VAT tax fee and other relevant expense in case there is.
Full payments shall be made in advance to the bank account specified by SINDOPOWER. Then SINDOPOWER will send an official order confirmation and arrange shipment. Any fees that may accrue shall be paid at the expense of the purchaser.
A payment shall be considered on-time when the amount payable is credited, or in deposit with value date by the due date, to the account specified by SINDOPOWER. Only upon full payment, shall SINDOPOWER make the delivery.
Payment by installment is allowed only upon SINDOPOWER’s consent in writing. In case the buyer is default in making due payment as agreed, without further notice. SINDOPOWER has the right to require payment for any debts that have been deferred or are not yet due as well as to halt any additional deliveries immediately. This shall be without prejudice to any claims of entitlement to greater compensation.
The customer is not entitled to cancel the agreed purchase order (contract).
If call-off orders from a framework agreement (order of a total quantity with time-delayed delivery dates with the objective of achieving a lower price from the graduated discount) are cancelled and therefore a different price applies than the price indicated under the graduated discount published online during the term of the framework agreement because of the reduced quantities, the customer shall be charged this price difference upon expiry of the framework agreement if the quantity agreed in the framework agreement has not been purchased by that time.
10. Exclusion of Offset and Prohibition of Transfer
The contracting party shall not be permitted to offset debts to SINDOPOWER and effectuate any liens, particularly in the case of complaints, unless the claims of the contracting party are recognized by SINDOPOWER or determined to be legally valid. Debts to SINDOPOWER may only be transferred with the written consent of SINDOPOWER.
The contracting party is entitled to the warranty claims guaranteed by law. SINDOPOWER assumes no guarantee that the products being delivered can be used in the applications chosen by the customer and are in compliance with the specifications of the customer’s particular application. The customer is therefore responsible for the applicability of the delivered product in his particular application.
Inspection shall be made within 3 days after delivery is made to the buyer. Defects in the goods delivered are to be reported in writing within 3 days after delivery, or in the case of hidden defects, immediately after their discovery. Unless product guarantee is otherwise stipulated, delivery shall be deemed accepted in case of no writing report.
All parts or services exhibiting material defects within the stipulated period are to be repaired or remedied or to be delivered or performed again as decided by the seller, provided the cause of the defect existed at the time the risk was passed. The seller shall first be granted the opportunity to remedy the defect within a reasonable period.
Should the remedy fail, the buyer shall be entitled to withdraw from the contract or reduce remuneration, without any prejudice to damage compensation claims.
Claims for damages or repayment of expenses by the buyer, for whatever legal reason, in particular due to violation of the duties from liabilities and from tort, are excluded. This shall not apply in cases when a guarantee or a procurement risk has been assumed.
Furthermore, this shall not apply unless there is a mandatory liability, for example, in accordance with the product liability law, in cases of malice or gross negligence, due to any injury to one’s life, body or health, as well as the violation of major contractual obligations. However, the claim to damages for violation of major contractual obligations is limited to the foreseeable damages typical to the contract, provided no gross negligence has occurred or there is no liability due to an injury to life, body or health. A change of the burden of proof to the detriment of the buyer is not associated therewith.
Unless otherwise stipulated explicitly in writing, the delivered items are not suitable for use in life-sustaining devices or systems, human implantations, nuclear facilities or systems, or other applications.
By concluding the contract SINDOPOWER under no circumstances renounces the trademarks or copyrights to which it is entitled.
14. Jurisdiction Miscellaneous
Jurisdiction for any and all disputes is Zhuhai. The law of the People's Republic of China shall apply exclusively for all disputes arising between the contractual parties, provided no other written agreement exists.
The terms of the United Nations Convention on Contracts for the International Sale of Goods are not applicable. Orally arranged side agreements require a written confirmation in order to be effective. Should any particular terms in these terms and conditions be completely or partially ineffective, the effectiveness of the remaining terms shall remain unaffected.
The parties are to agree upon a new rule, which meets the desired economic objective, to replace any rule that is ineffective or requiring completion.
15. Privacy Notice
The personal data of the buyer is saved by SINDOPOWER exclusively for customer information purposes and for customer support.
If a purchaser does not wish to receive any additional information, this will be taken into consideration by SINDOPOWER when notified accordingly.