These Terms and Conditions govern the supply of goods sold by JOC-GENNEX Engineering Technology Co., Ltd. (USCI No. 91320621066239137R) of 49 South Zhongba Road, Haian, Jiangsu Province, P. R. China 226600 (the “Supplier”) to the Customer and constitute the entire agreement between the parties. They supersede all prior dealings, negotiations, representations or agreements between the Supplier and the Customer in respect of the subject matter of the Contract.2 Customer Orders
2.1 All orders placed by the Customer shall be deemed to be an offer to purchase goods (the “Goods”) on the basis
of these Terms and Conditions and are subject to acceptance by the Supplier. No contract for the supply of Goods
(“Contract”) will come into existence until the Supplier despatches the Goods or sends an email to the Customer
confirming that the Goods have been despatched (whichever is earlier). The processing of the Customer’s payment
and acknowledgment of the Customer’s acceptance of the order does not constitute legal acceptance of the
Customer’s order. The Contract will relate only to those goods whose despatch the Supplier has confirmed in such
email. The Supplier will not be obliged to supply any other Goods which may have been part of the Customer’s order
until the dispatch of such Goods has been confirmed in a separate email.
2.2 Once a Contract has been formed in accordance with clause 2.1, it may not be cancelled by the Customer. The Supplier may notwithstanding the above, allow cancellation of a contract and if it does so, the Customer shall be required to pay to the Supplier all costs incurred by the Supplier in connection with such Contract and its cancellation.
2.3 The Supplier’s website services require registration and subsequent access to those services will be subject to an approved User ID and Password. Information that the Customer provides on the Supplier’s website must be accurate and complete.
3.1 The price payable for the Goods comprises the Goods quoted by the Supplier plus any charges for delivery and
3.2 Errors may occur on the Supplier quotation form and Goods may be incorrectly priced in which circumstances the Supplier will not be obliged to supply the Goods at the incorrect price.
3.3 Subject to clause 3.4, the Supplier must receive payment for the whole of the price of the Goods comprising the order and any delivery charges applicable before the order can be processed, unless the Supplier has agreed otherwise in advance in writing.
3.4 If the Customer is an account Customer, payment shall be made in full within the agreed rime period following the date of invoice. Time shall be of the essence for payment. The Supplier may revoke credit if the Customer fails to make payment when due. If payment is not made when due, interest shall accrue and become payable on all overdue amounts from the date when payment was due until the date when payment in full is actually made.
4.1 All specifications, drawings and particulars submitted by the Supplier are approximate only and the descriptions and illustrations contained in any product supporting literature, including text, pictures and graphics displayed on the Supplier’s website are intended to present a general idea of the Goods and none of these shall form part of the Contract. All drawings prepared by the Supplier under the Contract shall remain the property of the Supplier and the copyright is reserved accordingly. No copies or extracts shall be taken without the Supplier’s prior written consent.5 Shipping, Delivery and Title
5.1 For any Goods which are not in stock, the Supplier will notify the Customer accordingly.
5.2 Standard delivery under 70kg will be by courier to the address for delivery shown in the Customer’s order. Delivery over 70kg will be by air or sea to the Customer’s order.
5.3 The Supplier will deliver the Goods in accordance with the order usually within the estimated delivery time. Times given for delivery and completion shall run from the date of receipt of an official written order. All such times will be treated as estimates only and shall not involve any contractual obligation. Although the Supplier will use all reasonable endeavours to despatch or complete by the dates stated the Supplier will be under no liability whatsoever for failure to do so. In the unlikely event that the Customer has not received all the Goods within the estimated delivery time, the Customer must notify the Supplier immediately. The Customer must not schedule or commence any installation work until after the Customer has received his order and checked all the Goods for any defects or missing parts.
5.6 Without prejudice to clause 5.3, upon delivery of the Goods to the Customer, the Goods shall be at the Customer’s risk. In spite of delivery having been made, title in the Goods shall not pass to the Customer until the price for the Goods has been paid in full and no other sums whatsoever shall be due to the Supplier from the Customer. Until title in the Goods passes from the Supplier, the Customer shall hold the Goods on a fiduciary basis as bailee and shall store the Goods at its own cost separately from all other goods in its possession and marked in such a way that they are clearly identified as the property of the Supplier. The Supplier may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.
6.1 The Customer may return goods to the Supplier, and receive either a credit or refund (at the Supplier’s discretion),
subject to compliance with the following conditions:
(a) the Customer must contact the Supplier (on tel +86 513 8889 2688 or by email email@example.com) and obtain the consent of the Supplier and a returns number (to be quoted on all returned paperwork) prior to the return of any Goods;
(b) the Goods must be returned within 14 days of the date of delivery (as stated on the delivery documentation). Goods must be returned to the Supplier in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Goods must be returned to the Supplier adequately packed and despatched freight and customs taxes prepaid, clearly labelled, to: JOCGENNEX Engineering Technology Co., Ltd., 49 South Zhongba Road, Haian, Jiangsu Province, P. R. China 226600;
(c) the Customer must follow any specific instructions which appear in the Supplier catalogue or that are supplied with any Goods regarding their return to the Supplier;
(d) for Goods returned due to Customer error or because they are no longer required and returned in accordance with (a) to (c) (above) a handling charge will be applied of an amount equal to 10% of the original price for the Goods returned.
6.2 Where the Customer returns Goods to the Supplier otherwise than in accordance with clause 6.1 (a) to (d) above (for example, more than 14 days from the date of delivery or in an unfit-state), the Supplier may refuse delivery and return the Goods, at the Customer’s expense, or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum handling charge of 10% of the original price of the returned Goods).
6.3 This returns policy does not apply to software, calibrated products, non-catalogue products, extended range products and specially manufactured products. The Supplier accepts no responsibility for any loss of or damage to Goods in transit from Customer to the Supplier or for any items received by the Supplier with them.
7.1 The Goods are supplied with the benefit of any warranty given by the manufacturer of the Goods (details of
which will be provided to the Customer with the Goods or otherwise on request (the “Warranty”)), provided the
Customer complies with the provisions of clause 7.2 and those contained within the Warranty (the “Warranty
7.2 If Goods become faulty during the period of the Warranty for reason other than ordinary wear and tear or as a result of any acts, omissions or misuse of the Goods, the Customer may return the Goods to the Supplier. The Supplier shall repair (or at its option) replace the Goods with the same or superior Goods, free of charge. Any repair or replacement of goods relating to faults arising after expiry of the Warranty shall be charged at the Supplier’s cost.
7.3 The Customer’s sole remedy in respect of any failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
7.4 The Supplier will have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedure in the Warranty Conditions.
7.5 The Supplier will be given a reasonable opportunity and facilities to investigate any claims made under the Warranty and the Customer will if so requested in writing by the Supplier, promptly return any Goods the subject of any claim and any packaging materials, securely packed and carriage paid, to the Supplier for examination.
8.1 The Customer represents and undertakes to the Supplier that it shall not and shall not knowingly permit any
third party to sell or supply Goods to any country, entity or individual where such sale or supply would constitute an
infringement of any trade embargo, boycott or economic sanction for the time being in force in the People’s Republic
8.2 The Supplier reserves the right, in its absolute discretion, to refuse to supply Goods to any Customer where the Supplier knows or believes that such Goods are intended for re-sale or supply by or on behalf of the Customer to a country, entity or individual in breach of any embargo or sanction referred to in clause 8.1 or in breach of any trade embargo, boycott or economic sanction for the time being in force in the People’s Republic of China.
9.1 The following provisions set out the entire financial liability of the Supplier to the Customer in respect of any
breach of these terms and any representation, statement or tortuous act or omission, including negligence, arising
under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law, are to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these terms and conditions excludes or limits the Supplier’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or for fraudulent misrepresentation; or
(c) any other liability which may not otherwise be limited or excluded under applicable law.
9.4 Subject to clause 9.3 above, the Supplier will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Contract for:
(a) any loss of revenue;
(b) any loss of profits;
(c) any loss of contracts;
(d) any loss of business;
(e) any loss of anticipated savings;
(f) any loss of goodwill or reputation; or
(g) any special or indirect losses suffered or incurred by the Customer arising out of or in connection with the provisions of any matter under the Contract.
9.5 Subject to clause 9.3 the Supplier’s total liability to the Customer under or connected with the Contract will not exceed 115% of the price payable for the Goods for any one event or series of connected events.
The Supplier may suspend further supply or delivery, stop any goods in transit or terminate the Contract by notice in writing to the Customer if the Customer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against the Customer alleging bankruptcy or insolvency. Upon termination, any amounts due from the Customer to the Supplier shall become immediately due and payable and the Supplier shall be under no further obligation to supply Goods ordered by the Customer.11 Force Majeure
The Supplier shall have no liability to the Customer for any failure or delay in supply or delivery or for any damage or defect to Goods supplied or delivered hereunder that is caused by any 3event or circumstance beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes.12 Entire Agreement
12.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement
between the Customer and the Supplier and supersede all previous discussions, correspondence, negotiations,
understanding or agreement between them relating to the subject matter of the Contract.
12.2 The Customer acknowledges that in entering into the Contract, it is not relying on and will have no remedies in respect of any representation or warranty that is not set out in these terms and conditions or the documents referred to in them.
12.3 The Customer agrees that the Supplier’s only liability in respect of those representations and warranties that are set out in the Contract will be for breach of contract.
12.4 Nothing in this clause limits or excludes liability for fraud.
The Supplier may disclose the Customer’s personal information to any company within the same group as the Supplier. The Supplier may disclose the Customer’s personal information to third parties: (a) if the Supplier sells or buys any business or assets, in which case the Supplier may disclose the Customer’s personal information to the prospective seller or buyer of such business or assets; (b) if the Supplier, or substantially all of its assets, are acquired by a third party, in which case such personal information held by it will be one of the transferred assets; or (c) if the Supplier is under a duty to disclose the Customer’s personal information in order to comply with a legal obligation. This includes exchanging information with other companies for the purpose of fraud protection and credit risk reduction.14 General
14.1 If any provision of the Contract is found by any court, tribuor administrative body of competent jurisdiction to
be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, it will to the extent of such
illegality, invalidity, voidness, unenforceability or unreasonableness be deemed severable and the remaining
provisions of the Contract and the remainder of such provision will continue in full force and effect.
14.2 Failure or delay by the Supplier in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
14.3 Neither the Supplier nor the Customer intend that any term of the Contract should be enforceable by any person that is not a party to it.
The Contract shall in all respects be subject to and construed in accordance with Chinese Laws.WARNING!!!
The installation of replacement parts or components in lift and escalator equipment should be performed by a trained Lift Engineer who is familiar with the operation and control of the system which is being repaired. Improper installation may endanger the installer, the public, and the equipment.