1. Applicability: These terms and conditions apply to products sold, loaned, or gifted to any outside party by Hangzhou OLE-Systems Co., Ltd. ("OLEI"). These terms and conditions take precedence over any conflicting terms and conditions of the purchase order (or other instrument of transaction) unless specifically agreed to in writing by OLEI. FAX or e-mail correspondence shall be deemed "in writing" for any correspondence pertaining to the contract. Any Contract to which these terms and conditions apply shall be governed by the laws of China.
2. Price: The price for the goods or materials supplied shall be the same as that stated on the OLEI Sales Order Acknowledgement or sales contract. If no price appears, then the price shall be the same as the last quoted price prior to the delivery.
3. Shipping: Shipping shall be EX- OLEI Factory, Hangzhou, China.
4. Payment terms: Payment terms are payment-in-advance unless otherwise agreed in writing between the parties and stated on the OLEI Sales Order Acknowledgement. The Customer may be asked to furnish financial data and references in order to establish credit. OLEI in its sole discretion may extend or revoke credit.
5. Limited Warranty: OLEI warrants that its products will be free of defects in materials and workmanship for a period of one year from the date of shipment.
a) If the product is damaged by misuse, mishandling, disassembly or other modification by any party not authorized by OLEI, the warranty is void. "Misuse" includes use of OLEI product with incompatible products resulting in damage to the OLEI products.
b) Please contact OLEI’s service staff, or from the OLEI official website http://www.ole-systems.com obtain the RMA# for valid return authorization in case of goods need return to factory for service.
c) OLEI will repair or replace, at its option, at its expense products returned by the Customer.
d) The customer is responsible for any shipping and handling charges for returning product for repairs. OLEI is responsible for charges for shipping product repaired under warranty back to the customer. For non-warranty service, OLEI will quote base on actual cost and charge the service.
e) OLEI's sole liability for any use of its product, regardless of the operating condition of such product, is limited to repair or replacement of the product. The Customer holds OLEI harmless and indemnifies from any and all other claims resulting from the use of OLEI products.
6. Confidential Information: Any drawing, specification or other technical data provided by OLEI bearing a proprietary notice shall not be disclosed by the Customer to any external party nor shall it be used to design or manufacture products similar to OLEI products without the express written authorization of OLEI.
7. Default: Should the Customer default on its obligations under the contract incorporating these terms and conditions, OLEI shall be entitled to recover from the Customer any amounts owed under the contract plus all costs incurred to recover such amounts, including but not limited to court costs and attorneys fees.
8. Reschedules: OLEI shall make its best effort to ship product in accordance with ship dates mutually agreed with the Customer. Should the order be delayed due to a failure of the Customer to provide required information, material, or any other item by an agreed upon date, OLEI may unilaterally reschedule or cancel the order.
9. Cancellation: The Customer may cancel order 30 or more days prior to the scheduled ship date:
a) For customized products, the customer shall be responsible for the materials and labor of the relative customized products, and shall bear the relevant expense have been incurred by OLEI;
b) For non-customized products (i.e. standard products), the Customer shall be liable for a 15% of the total value of the canceled order as restocking charge for cancellation of a release within 15days of a scheduled ship date.
10. Limited Liability: Any OLEI liabilities are limited to the value of the goods shipped and the warranty conditions listed above.
11. Taxes: The Customer is responsible for all taxes or assessments of any kind levied on the equipment by any governmental authority.