Terms and conditions of sale
Binding terms and conditions of sale
Binding terms and conditions below (" Terms and Conditions "), these are applicable to the sales of any products (“Products”) from Oneyac technology co., LTD to the customers in the People’s Republic of China ( hereinafter referred to as the China, only for the purpose of this terms and conditions, not including Hong Kong special administrative region, Macao special administrative region or Taiwan.) For the purposes of this article, “Manufacturer “means any manufacturer, producer or supplier of Oneyac Technologies Inc.’s products.
1. Order acceptance and cancellation; Special orders
All orders for products shall be accepted in writing by Oneyac Technology Co., LTD., or a duly authorized agent of Oneyac Technology Co., LTD. Written confirmation of receipt of an order does not in itself constitute acceptance of the order. Customer may only cancel orders accepted by Oneyac Technologies With Oneyac's written consent. If an order is cancelled for any reason, customer shall pay Oneyac Technologies Limited a reasonable pick-up or replenishment fee (covering all expenses incurred and commitments made by Oneyac Technologies Limited) and this shall not limit any other benefits to which Oneyac Technologies Limited may be entitled as a result of such cancellation. Customer's application for rescheduling product delivery shall be accepted by Oneyac Technologies Co., LTD. (and at Oneyac Technologies Co., LTD. 's sole discretion). Oneyac Technologies Will not agree to cancel or reschedule product delivery after an order has been submitted to the shipping carrier by Oneyac Technologies. Oneyac Technologies Inc. reserves the right, in its sole discretion, to distribute the sales of selected products among its customers and their quantities. Product specifications and product offerings are subject to change without prior notice.
Some product orders may involve part numbers and quantities that Oneyac Technologies Inc. does not have in its ordinary inventory and must therefore be specially ordered from the manufacturer on behalf of the customer (" Special Orders "). Special Orders do not constitute acceptance and shall not constitute a final order unless a specific "Special Order Agreement" has been entered into between Customer and Oneyac Technologies Inc. (which includes by reference the contents of these Terms and Conditions regarding such special Order).
Orders are invoiced at prices in effect at the time of shipment. Prices will be those determined by Oneyac Technologies Limited and will apply for the period specified in Oneyac Technologies Limited's quotation or as specified on Oneyac Technologies Limited's website (if applicable). If no period is specified, the offer of price will remain valid for 30 days. Oneyac Technology Inc. Catalog reflects the latest pricing information available at the time of catalog printing. The prices shown in the catalogue are subject to change without notice. All shipping costs are included in the product price. Prices will increase if Oneyac Technologies' costs increase or other circumstances occur beyond Oneyac Technologies' reasonable control. If the customer does not purchase the quantity corresponding to the lot price, the customer will pay the pre-discount price for the quantity that actually purchased and/or a pickup or replenishment fee determined by Oneyac Technologies Ltd. The price includes VAT levied by the competent authorities in China. Oneyac Technologies Co., Ltd. will be responsible for any duties, customs charges, documentation fees and other fees and charges related to the import of the products from China.
3. Payment terms
Customer agrees to pay the full amount of each invoice issued by Oneyac Technology Limited in accordance with the terms of each invoice without any set-off or deduction. All payments must be made in Chinese currency (RMB). In addition, the payment term of 30 days may be applied to businesses, schools and institutions with 3 referees or as separately specified by Oneyac Technologies LTD.
All orders shall be approved by the Oneyac technology co., LTD. With credit, Oneyac technology co., LTD can decide at any time to change the customer credit terms, Moreover, according to the customer orders, Oneyac technology co., LTD can asked customers to pay by cash, bank wire transfer/electronic funds transfer before shipment of any or all products and asked for payment of any or all mature or is about to expire. If Oneyac Technologies Ltd. has sufficient evidence that customer's ability to make payment is in doubt, or if customer does not pay any invoices due, Oneyac Technologies Ltd. Can suspend delivery of any ordered products or any remaining products of any order until such payment is made, Oneyac Technologies Can cancel any order or any remaining products therein. If Oneyac Technology Co., Ltd. shall suspend delivery accordingly, it shall promptly notify the Customer and Oneyac Technology Co., Ltd. shall resume delivery if the Customer provides sufficient guarantee for the order (the sufficiency of such guarantee shall be determined by Oneyac Technology Co., Ltd. in its sole discretion). Customer will remain responsible for payment for any shipped products. Unpaid invoices due will bear interest until the date of payment at the rate of 18% per annum or the highest rate permitted by applicable laws and regulations, choosing the lower one between these two rates as the standard. If customer fails to pay the amount due, Oneyac Technologies Ltd. can seek any legal assistance or any remedy, in which case Oneyac Technologies Ltd. will be entitled to compensation for the costs and reasonable attorney's fees incurred in connection with the collection.
3.1 Prepaid telegraphic transfer or electronic funds transfer
Customers may prepay by telegraphic transfer or other electronic funds transfer to Oneyac's bank account as directed by Oneyac Technologies. Oneyac Technologies Ltd. will hold inventory of products for customer's prepaid orders for 72 hours, pending confirmation of receipt of funds. If no funds are received, the customer's advance order will be cancelled 2 working days later. All bank charges arising from wire transfer or efT payments will be borne by the customer.
VAT and related taxes or other charges are applicable to all orders entered into with Oneyac Technologies LTD., and such taxes are entirely the customer's responsibility and are included in the invoice issued by Oneyac Technologies LTD to the Customer.
5. Delivery and ownership
Oneyac Technologies Ltd. shall deliver the products in the manner (if any) selected during the order placing process. If no delivery method is selected in the following order, the customer and Oneyac Technology Co., Ltd. may agree on the delivery method later. If no, Oneyac Technology Co., Ltd. shall deliver according to the method selected by the customer's location, and the relevant shipping charges will be reflected in the invoice. Oneyac Technologies Ltd. reserves the right to stop during transit, provided that delivery of products to customer (or Customer's carrier, as applicable) will constitute delivery to customer and the risk of ownership and loss will pass to Customer once such delivery occurs. If customer and Oneyac Have agreed on a delivery time, Oneyac shall deliver within that time, or if the time is a fixed period (15 -- 20 days after the following order), Oneyac may deliver at any time within that period. If customer and Oneyac Technologies Co., Ltd. do not agree on a delivery time, Oneyac Technologies Co., Ltd. Can deliver to customer at any time after the placing of the order, and customer may request delivery at any time after the placing of the order, provided that customer shall give reasonable prior written notice to Oneyac Technologies Co., Ltd. of its desired delivery time. Where applicable, selection of carriers and delivery routes will be made by Oneyac Technologies LTD unless specifically specified by the customer. Oneyac Technologies Ltd. reserves the right to deliver in batches. A delay in delivery of one batch does not entitle the customer to cancel any other batch. Delivery of any lot within 30 days after the required date will constitute timely delivery. If the quantity delivered is less than the specified quantity, this does not relieve the customer of its obligation to accept the delivery from Oneyac Technologies Ltd. and to pay for the delivered goods.
6. Return the product
6.1 Return of products under limited warranty
If laws or regulations do not provide for a specific period of time for a specific product, customer must notify Oneyac Technologies Inc. within 90 days after the date of shipment of the product to indicate its understanding of the limited warranty described in Clause 7. If Oneyac Technologies Ltd. agrees to accept returns under the applicable Manufacturer's warranty covering customer's products, customer must prepay all shipping costs and operating costs. In order to initiate the return of products under this Clause 6.1, customer must contact the relevant Oneyac Technology Co., Ltd. sales representative for a "Material Return Authorization Number" and instructions. Any product returned accordingly must be in its original packaging (original packaging provided to the manufacturer or Oneyac Technologies, Inc.) and unused. Electrostatic sensitive products should be unopened (except under controlled conditions). In particular, the shear band products are designated products requested by customers, which are ordered products and shall not be returned.
6.2 Return of defective products/three warranties
Three warranties: Oneyac Technology Co., Ltd. shall comply with the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and relevant regulations, and perform the obligation of providing repair, replacement or refund for products with inherent quality defects. If no specific product regulations apply to a particular product sold by Oneyac Technologies, Inc., the obligation to provide repair, replacement or refund to customer shall be governed by Oneyac Technologies, Inc. 's standard "Three Warranty Policies," The text of the policy can be viewed on Oneyac Technologies Inc. 's constantly updated web page at www.oneyac.com.
6.3 Circumstances in which the return of the product will be rejected
1. The products are not sold and shipped by Oneyac Technologies Co., LTD.;
2. The product has been used by customers, except for inherent defects;
3. The product is not defective, that is, damaged, short, poor quality or inconsistent with specifications, etc.
6.4 Prevention of counterfeit products
If Oneyac Technology Co., Ltd. receives any products not sold or shipped by Oneyac, Oneyac Technology Co., Ltd. will immediately inspect, dispose and destroy them. For products returned to Oneyac by customer, customer certifies that the returned products were purchased from Oneyac and have not been replaced, in whole or in part, with identical or similar products from other manufacturers, producers, suppliers, distributors or other sources of the same or similar products.
6.5 For the return agreed by the mall, 50% of the purchase price will be charged as the operation cost.
7. Oneyac's limited warranty
Oneyac Technologies Ltd. agrees to transfer any such warranties to the customer if they are transferable from the manufacturer. To the extent permitted by applicable law, Oneyac does not make and expressly disclaims any other warranties, undertakings or representations (whether written, oral, express or implied, or whether arising in fact or from the enforcement of law, regulation or otherwise) relating to the products in any respect.
8.Oneyac complies with the Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment and the lead free policy
It is Oneyac's policy that all "international environmental regulations" applicable to Oneyac Technologies Ltd. for the sale of products for use in China or any other country other than China be complied with. This international environmental regulation includes, but is not limited to, any laws, regulations or directives governing hazardous substances in electronic equipment and/or the disposal or recovery of such equipment. Except as expressly provided by Oneyac In writing, No representation, warranty, undertaking or warranty is made by Oneyac To the Customer as to whether the use of its products complies with any international environmental requirements, And customer shall independently determine whether the use of Oneyac Technologies Inc. 's products complies with Customer's obligations under any such international environmental regulations. Oneyac Technology Co., Ltd. shall perform its obligations as an importer and seller if the Regulations of the People's Republic of China on the Control of Pollution from Electronic Information Products applies to products sold under these terms.
9. Limitation of liability; Customers for compensation
If there be any other provision to the contrary in these Terms and Conditions, to the extent permitted by applicable law, Oneyac technology co., LTD. (or any subsidiary, affiliate Oneyac company, shareholders, directors, managers, senior staff or employees) are not responsible for the following situations：under any circumstances for any other party for sales or purchase,our terms and conditions, on the terms and conditions for the implementation of the violation and/or the products arising from the use of, or in any way with this And shall not be liable for any indirect, special, incidental, incidental, punitive or exemplary damages or damages for loss of value, loss of profit or loss of business opportunity of any nature whatsoever, including, but not limited to, damages resulting from loss of profit or revenue, cost of recovery, claims for interruption or non-provision of service, cost of testing, installation or removal, cost of replacement products, or legal fees. If the fault is attributable to customer's act or negligence, customer shall indemnify, defend and hold Oneyac harmless from and against any claim made by any person against Oneyac against products sold by Oneyac and used in customer's products.
10. Product safety notices and restrictions
The product is intended for commercial use only. Oneyac Technologies ltd. provides product batch tracking information upon customer request and upon availability from the manufacturer. Oneyac Technologies Inc. does not determine the specifications of any of the products it sells or examine any performance or safety tests on the products. The specification sheet provided to the customer is produced by or extracted from information provided by the manufacturer. Oneyac Technology Co., Ltd. shall not sell such products or parts in China without special permission from the Chinese Consumer Protection Authority and without such permission obtained by Oneyac Technology Co., LTD. Oneyac Technologies Inc. is not a supplier on the Qualified Manufacturers List, nor is it a component supplier on the Qualified Products List. Customer agrees that all purchases made for commercial or other purposes do not require the use of the QUALIFIED Product List component. Any reference to military specifications in Oneyac Technologies Inc. 's directory or web page is for reference only and does not modify these terms and conditions. Oneyac Technologies is not involved in any product safety engineering, product safety review or product safety testing. Oneyac Technologies Inc. cannot provide any safety testing, safety evaluation or safety engineering services. Oneyac technology co., LTD. Sales of the product is not intended for or authorized for life support, maintain, implantable applications and other medical equipment (international (IMDRF) fourth class), the bottom of the sea with equipment, military equipment and weapons, nuclear energy and nuclear facilities with control equipment, the application of aviation equipment and flight control system, etc, And other applications that result in the sale of products with problems that result in death, injury or significant property damage (" unauthorized use "). If The Product is used or sold by customer for any such unauthorized use, (1) Customer acknowledges that such use or sale is at customer's own risk; (2) Customer agrees that Oneyac Technologies Inc. and the Product Manufacturer shall not be liable in whole or in part for any claim or damage arising out of such use; And (3) All claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale, customer agrees to indemnify, defend and hold harmless Oneyac Technologies, Inc. and the Product Manufacturer.
11. Statements and opinions
If a statement or advice (technical or otherwise) is given or made to the customer, such statement or advice will be deemed to be advice made to the customer without charge. Oneyac Technologies Ltd. is not responsible for the content or use of such statements or opinions. Oneyac Technology Co., Ltd. will provide level 1 technical support to customers in China to a very limited extent. Oneyac Technologies Inc. is not (directly or indirectly) involved in the design of any customer product. Oneyac Technologies Inc. does not conduct product suitability studies or engineering reviews on products it sells publicly or for use by customers, including but not limited to products used in any finished product manufactured by customers.
12. Intellectual property
If the order contains software or other intellectual property rights, such software or other intellectual property rights are provided to customer by Oneyac Technologies, Inc., subject to the terms and conditions of the relevant copyright and user license set forth in the license agreement attached to such software or other intellectual property rights. Nothing herein shall be construed as granting any right or license to use any software or other intellectual property in any respect or to use any software or other intellectual property for any other purpose not expressly permitted by such license. Unopened software can be returned for a refund. Unopened software is not returnable unless defective.
13. Force Majeure
The reasons that beyond Oneyac technology co., LTD’s reasonable control (including but not limited to, product distribution, shortages, labor disputes, transportation delays, unpredictable environment, natural disaster, act or omission of the other parties, civil or military authority act or omission, government priorities, fire, strike, flood, extreme weather conditions, computer interrupt, terrorism , epidemic diseases, quarantine restrictions, riots or war). For the delay in delivery or failure to fulfill obligations due to the reasons that mentioned above, Oneyac Technologies Co., LTD shall not be liable for these situations) The time for Oneyac Technologies Ltd. to make delivery or perform the contract will be extended for a period equal to the period of such delay, or Oneyac Technologies Ltd. may, in its sole discretion, cancel any order or the remainder of the order by noticing to customer. In the event of such force majeure event, Oneyac Technologies shall promptly notify the customer and thereafter provide proof of the occurrence of such force majeure event within a reasonable period of time.
14. Import and export restrictions
14.1 Oneyac electronic
Oneyac Electronics is committed to complying with all US export laws and regulations. Oneyac Electronics will not sell or ship products to countries that are prohibited by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). Oneyac Electronics will not sell or ship products to individuals or institutions designated by the U.S. Treasury as "specially designated and prohibited individuals." Oneyac Electronics will not sell or ship products prohibited under the Export Administration Regulations to individuals or institutions designated by the BUREAU of Industry and Security ("BIS") of the U.S. Department of Commerce. Oneyac Electronics participates in bureau of Industry and Security export enforcement and OFFICE of Foreign Assets Control transaction reports. In addition, Oneyac Technologies is prohibited from exporting, re-exporting, distributing or transshipping its products to any person, institution or country prohibited by the OFFICE of Foreign Assets Control or the Bureau of Industry and Security of the U.S. Treasury Department.
14.2 Oneyac Technologies Inc
Because the products sold by Oneyac Technologies Inc. are purchased through its U.S. parent company, Oneyac Electronics, the sale, resale or other disposal of the products, as well as any related technology or documentation, are subject to U.S. export administration laws, regulations and orders. The sale, resale or other disposal of the products and any related technology or documentation are also subject to applicable PRC import and/or export administration laws and regulations subject to these terms and conditions. Customer further confirms that it shall not, directly or indirectly, export any product to any country subject to export or transportation restrictions or prohibitions. Customer acknowledges its responsibility to obtain any export, re-export or import permits required. Customer agrees to comply with all such laws and regulations and the provisions of this Article, including but not limited to the prohibition of export, re-export, distribution and transhipment described herein. If any product order cannot be fulfilled in accordance with all applicable export laws and regulations, Oneyac Technology Co., Ltd. reserves the right to cancel such order without reason.
14.3 Disclaimer of export Classification
Customer's use of The Oneyac Electronic Classification for export classification (whether any adjustment of the Export Control classification number or the UNIFORM tariff code) shall have no recourse to Oneyac Technologies Limited and shall be at customer's own risk. Export classification may be changed. If the customer exports or re-exports, the customer as the registered exporter is responsible for determining the correct classification of any item at the time of export. Any export classification of Oneyac Electronics is for internal use only by Oneyac Electronics and/or Oneyac Technologies Limited and shall not be construed as a representation or warranty as to the appropriate export classification and shall not be relied upon for licensing decisions.
15. General provisions
These terms and conditions may not be modified or cancelled without the written consent of Oneyac Technologies LTD. Accordingly, Oneyac Technologies Inc. sells the products and provides the services solely pursuant to these Terms and Conditions. To the extent permitted by applicable law, the sale of products under these Terms and Conditions shall be governed by these Terms and Conditions, Notwithstanding any contrary or other terms and conditions in any Customer order, purchase order, schedule, approval letter, invoice, confirmation or any other form or document made or provided by customer (" Customer Document ") that affect or are intended to affect the purchase and/or sale of the products. Regardless of any terms and conditions set by customer in its order, customer and Oneyac Technologies Ltd. shall be governed by the payment terms and "Commercial Credit Application" set forth on Oneyac Technologies Inc. 's website. Any conflicting representations or terms contained in the customer documents (whether filed before or after) are repudiated upon submission of the credit application and issuance of the Credit by Oneyac Technologies LTD., and all different or additional terms and conditions contained in any of the customer documents are hereby repudiated by Oneyac Technologies LTD. Oneyac Technologies LTD. 's obligation to perform any product order or contract is subject to customer's agreement to these terms and conditions, unless otherwise specifically agreed in writing by Oneyac Technologies LTD. The commencement of performance and/or delivery without the customer's consent is solely for the convenience of the customer and shall not be deemed or construed as acceptance of the customer's terms or conditions or any part thereof. In the absence of an earlier mutual written contract, customer's acceptance of any products or services shall be deemed to be customer's acceptance of these terms and conditions. No rights, duties, agreements or obligations under these terms and conditions may be assigned or transferred by law enforcement, consolidation or otherwise without the prior written consent of Oneyac Technologies, Inc. These Terms and Conditions shall be binding on the parties to these Terms and Conditions and their respective successors and assigns. No waiver or breach of these Terms and Conditions or any of them shall be deemed to constitute a waiver of any other content of these Terms and Conditions or a waiver of any subsequent breach of any kind or nature. The terms and conditions of any content prohibited, invalid in any jurisdiction or have no effect compulsory execution should be banned in the venue, in has no enforcement force, invalid, or deprived of scope, but it doesn't make other content of this terms and conditions in the venue was invalid, also does not affect the content in any other jurisdiction to enforce the validity and effectiveness of the. These terms and Conditions shall be governed by and construed in accordance with the laws of the People's Republic of China.