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General Terms & Conditions

The below terms and conditions apply to all contract and/or Proforma Invoices issued and/or signed by/with the Seller.

1. Trade Terms
All trade terms used to describe the obligations of the parties shall have the meanings assigned to them by the current edition of International Rules for the Interpretation of the Trade terms published by the International Chamber of the Commerce and commonly referred to as INCOTERMS2010.

2. Title of Goods Under Contract
The Seller retains the title of Goods under contract and/or Proforma Invoices until received total amount by the Seller

3. Delivery
In each of its Purchase Orders, Buyer shall set forth the method of shipment preferred. In the absence of such information, the Seller will use its reasonable judgment as to an appropriate method of shipment.
The Seller shall not be liable for any delays in delivering the Products caused by any of the following: (a) a Force Majeure event under Section 7; (b) priorities granted at the request or the benefit, directly or indirectly, of any governmental authority; (c) any changes in the Products or the delivery schedule or method of shipment; (d) the number of units of the Products ordered by Buyer exceeds the forecasted amount, if any, by five percent (5%) or more; or (e) any other cause beyond the reasonable control of the Seller.

4. Price
The Product prices set forth on the face of the Seller quote or order acknowledgement to which these Terms and Conditions are attached exclude all applicable taxes, fees and duties unless otherwise provided.

5. Quality, Quantity, weight discrepancy and claim
In case of quality discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the Goods at the port of destination; while for quantity/weight discrepancy, claim should be filed by the Buyer within 7 days after the arrival of the Goods at the port of destination; the Seller shall not be liable for any discrepancy of the Goods shipped causes for which the Insurance Company, Shipping Company, other Transportation Organization of Post Office are liable.

6. Warranty and Disclaimer of Warranties
The Seller warrants that the Goods will be corresponded to the purchase intention of the Buyer. In the event of discovering discrepancies on quality, quantity, weight and so on, the Buyer should filed claim in writing within claim period, if not, the Buyer shall lost the right of damages. Meanwhile, the Seller shall not liable for damaging Intellectual Property of a third party when the Buyer resell the Goods to the third party.

7. Force Majeure
Delay in or failure to carry out the duties imposed upon either Party under these Terms and Conditions shall not be deemed an Event of Default if such delay or failure results from causes beyond the reasonable control of the party claiming relief hereunder, including, without limitation, fire, explosion, labor disputes, casualty or accident, lack or failure of transportation facilities, epidemic, cyclone, flood, drought, declared or undeclared war, revolution, civil commotion, terrorism or acts of public enemies, blockage or embargo, or by reason of law, proclamation, ordinance, demand, or requirement of any governmental or ruling authority, including, without limitation, any denial by a governmental authority of appropriate export authorization. A party may claim relief if such circumstances exist as to its subcontractor and the delay in performance of the subcontractor will cause or contribute to a delay in performance by the party. The party claiming relief under this provision shall notify the other of the circumstances giving rise to its application, provide an estimate of the impact on its performance, and take all reasonable steps to remove or mitigate the impediment.

8.  Governing Law
These Terms and Conditions shall be governed by, construed under and enforced in accordance with the Contract laws of China. The parties agree that the provisions of the United Nations Convention on Contracts for International Sale of Goods shall not apply to any transaction covered by these Terms and Conditions

9. Dispute Resolution
The parties shall attempt, in good faith, to resolve any controversy, claim, or dispute arising out of these Terms and Conditions through negotiations. In the event that negotiations are unsuccessful, the controversy, claim, or dispute shall, upon written demand of either Party, be resolved through binding arbitration. Such arbitration shall take place in Tianjin, China and shall proceed in accordance with the Commercial Arbitration Rules of China International Economic and Trade Arbitration Commission. The decision shall be enforceable by any court of competent jurisdiction. All costs of such arbitration, except expert fees and attorneys' fees, shall be borne by responsibility party. This Section shall not be construed to limit a party's right to obtain equitable or other relief that is not available through arbitration.

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