Shenzhen Enerman Technology Ltd
6F Bld. B, IdeeMonto Ind. Park, Keyu road, Citianpu, Matian, Gongming town, Shenzhen, Guangdong Province, China
1.1. The following terms, unless otherwise agree upon in writing, shall apply to all commercial proposals, invoices, contracts, etc. made by the Supplier (ShenZhen EnerMan Technology LTD or EnerMan Corporation Limited).
1.2. Orders shall become binding on the Supplier after they are confirmed by issuing an invoice, subject to the Customer’s complying with the agreed payment terms. Accepting the invoice for payment, the Customer shall confirm its agreement to comply with the terms of sales and purchase of the Goods. The Customer's special requirements shall be binding upon the Supplier only to the extent they are agreed upon in writing.
1.3. Oral or telephone representations of the Supplier's employees shall be valid only after they are confirmed by the Supplier in writing.
2.1. The delivery shall be carried out within the time period and under the terms stated in the invoice or contract. The delivery period shall be calculated from the date the Supplier receives the payment to the bank account stated in the details. The Supplier shall be released from its obligations to meet the delivery deadlines, if the Customer fails to meet the agreed payment terms.
2.2. In case of any delay in payment for the Goods delivered, the Customer shall pay a penalty to the Supplier for every day of delay in the amount agreed upon by the parties or determined in the Contract or invoice. The penalty shall not be set off.
2.3. In case of any force majeure circumstances of act of Goods preventing to meet the delivery period, namely: fire, flood, earthquake, governmental decision, war, strike, etc., the time period provided to carry out the deliveries shall be prolonged for the period the said circumstances persist.
2.4. The delivery shall be deemed fulfilled, if by the agreed delivery date the Goods are ready to be delivered to the Customer at the Supplier's warehouse, unless any other place or means of the Goods delivery are agreed upon in writing, and the Customer is notified of the Goods readiness.
2.5. The Customer shall receive the Goods from the Supplier's warehouse within five (5) days from the notice of the Goods readiness for shipment. Should the Customer fail to receive the Goods within the specified time period, the Supplier shall be entitled to charge additional warehouse costs to the account of the Customer. Additional storage costs shall be fixed at 0.1% per day of storage of the goods from the amount of the order (invoice).
3.1. The title to the Goods shall transfer to the Customer upon the Customer's actual receipt of the Goods at the Supplier's warehouse or at any other place agreed upon by the Parties. Up to that time, the Goods cannot be the subject of any pledge or security of the Customer's obligations.
4.1. The warranty for the Goods shall be determined in accordance with the terms and conditions set forth by the manufacturer of the Goods and shall apply only to the goods delivered by the Supplier. The right for warranty service shall arise when the Customer submits a detailed report (with pictures) describing and documenting the warranty case of the equipment failure, and provides the failed parts to the Supplier. A reduction or extension of the warranty period specifically stipulated on a case-by-case basis shall be an exception from general rules.
4.2. The right for warranty service shall become void in the following cases:
4.2.1. The equipment was installed and connected by an organization or person without a license for the performance of the respective works, or in violation of the installation manual, diagram, recommendations of the Supplier, etc.
4.2.2. The subject of the delivery was modified, or foreign parts were incorporated in the Goods without the Supplier's written consent.
4.2.3. The Goods were operated in the range of temperatures, humidity, insufficient ventilation, dust level, pressures and/or places not recommended for such type of equipment.
4.2.4. The electric supply characteristics do not meet the manufacturer's requirements, and in case of no, or wrong connection of, the equipment electrical protection devices.
4.2.5. In case of damages caused by operation errors, improper maintenance or storage, negligence, technical illiteracy of the attending personnel.
4.3. In case of repairs, replacement or delivery of new component parts, the warranty period for the equipment will not be interrupted or terminated. The warranty period for newly installed parts will commence from the installation thereof and last for 12 months.
4.4. If any defect is revealed in the Goods, the Customer shall notify the Supplier thereof in writing. The works arising from the warranty obligations shall be performed by the Supplier after the Customer provides the equipment for repair or replacement to the Supplier. The costs for transportation of the equipment subject to warranty repairs shall be borne by the Customer.
4.5. The Supplier shall under no circumstances be required to compensate for any direct or indirect damages that could result from a failure of the equipment delivered.
5.1. The Customer shall not be entitled to reject the Goods under the Customer's confirmed order.
5.2. The Contract or invoice shall not grant the Customer any rights to trademarks, service marks, technical solutions and other intellectual property of the Supplier.