INTRODUCTION: These Standard Terms and Conditions of Sales shall govern all sales transactions by Best Material Co., Ltd (herein sometimes referred to as “Seller”) to each and every customer of Seller, said customer being referred to herein as “Buyer”. No statement contradicting these standard terms and conditions in any document issued by Buyer shall be deemed to change or contravene any of the provisions of this document without the express written approval of Seller which express written approval must make reference to the specific provision or provisions that is or are changed.
INSPECTION FOR DEFECTIVE MATERIALS: Buyer agrees to inspect all materials and products purchased from Seller no later than fifteen (15) days subsequent to receipt of said materials or product from the carrier. Buyer shall conduct said inspection prior to any fabrication or alteration of the material or product received from the carrier. In the event that Buyer shall discover that all or any part of the materials received and tested by Buyer shall be found to be defective or nonconforming, Buyer shall immediately give written notice thereof to Seller. Buyer’s sole and exclusive remedy shall be as set forth herein. Buyer hereby expressly waives and relinquishes any claim against Seller arising out of Seller’s delivery of defective or non-conforming materials in the event Buyer has failed to conduct an inspection prior to fabrication or alteration or to reasonably notify Seller of the results of applicable tests. BUYER HEREBY EXPRESSLY WARRANTS THAT THE ABOVE INSPECTION SHALL BE MADE NO LATER THAN FIFTEEN (15) DAYS SUBSEQUENT TO THE RECEIPT OF MATERIALS FROM SELLER OR FROM THE CARRIER, WHICHEVER IS LATER.
PRICES, PAYMENTS, AND CREDIT TERMS: Applicable prices are the Seller’s prices in effect at time of shipment, prior quotation or other acknowledgements notwithstanding. Changes in the market prices of raw materials may cause Seller’s prices to change. All shipments to be made shall be subject to the approval of Seller’s credit department. If, in the reasonable opinion of Seller, the financial responsibility of Buyer is unsatisfactory or becomes impaired, or if Buyer fails to make any payment in accordance with the terms of the contract, then, in any such event, Seller may defer or decline to make any shipments until after receipt of satisfactory security or cash payments in advance, or Seller may terminate the contract. Terms of payment shall be as set forth in the invoice. In the event Buyer is delinquent in the payment of any sum due to Seller, then, if such sum is not paid within fourteen (14) calendar days of demand, Seller may place the account in the hands of a collection agency or lawyer, or both, in which case Buyer shall be responsible for all costs of collection and litigation including reasonable attorney’s fees together with interest on any delinquent sum at the rate of ten percent (10%) per annum from the original due date.
ADVICE TO SELLER: Seller shall have no liability for giving or failing to give advice or recommendations of any nature or character to Buyer. Seller shall have no obligation to grant to Buyer any license to use any of Seller’s patents, trademarks, or trade names and no such license shall be implied from the delivery of goods or materials by Seller.
SAMPLE POLICY: For tungsten rhenium products, we can offer samples. But they have quantity limits based on the specific materials. For other products, normally there is no free sample offered. But if you insist, we can offer sample at a favorable price. For freight of samples, all will be charged on buyers’ side.