GENERAL SALES TERMS & CONDITIONS

KIRNS CHEMICAL LTD.

Home

SALES TERMS & CONDITIONS

GENERAL SALES TERMS & CONDITIONS

This document is for international sales only and does not apply to our import and domestic sales, which are to be covered by separate terms and conditions. The purchasers of products and/or services from Kirns Chemical Ltd. or its appointed sellers or exporters are subject to the following terms and conditions.

1.DEFINITIONS
"We/us" - Kirns Chemical Ltd. and/or its appointed sellers/exporters
"You/customer" - The purchasers/buyers
"Product/Material/Goods" - the chemical products and related material to be purchased.
"These Conditions" - These terms and conditions
"S/C"-Sales Contract or Sales Confirmation

2.PRICE AND CURRENCY
Unless otherwise specified in relevant Sales Contract, all prices are net and exclusive of Value Added Tax or any similar tax, import customs duties/tariffs, etc outside China. All the prices quoted without a specific enquiry from the customers are for your reference only. We accept payment in currencies of USD, HKD, JPY, GBP, EURO but reserve the right to choose any of the said currencies as payment currencies.

3.PRICE TERMS
Unless otherwise specified in relevant S/C, all the prices terms adopted are subject to the definitions and practice of INCOTERMS 2000. We accept CIF/CFR destination port as a usual practice.

4.ORDER APPROVAL
No order shall be binding on us unless and until the customer receives from us by mail or fax an S/C or a written acknowledgment accepting the order. All changes relating to specifications, quantities or delivery or other terms requested by the customer after we have sent our written S/C or acknowledgment form for the original order to the customer are subject to approval by us, and, if changes are approved, all prices and delivery terms relating to the original order shall be subject to adjustment by us.

5.PAYMENT
Unless otherwise stated in writing by an authorized person from us, we only accept payment by T/T in advance and irrevocable, transferable, documentary letter of credit (L/C) at sight. The L/C should be opened according to our GUIDELINES FOR LETTER OF CREDIT, which is to be faxed by us when signing the S/C. An order less than USD5,000.00 should be paid by T/T 15 days before shipment. We reserve the right at any time to revoke any credit and / or accommodation extended to the customer because of the customer's failure to pay for any goods when due or for any other reason deemed good and sufficient by us.

6.INSURANCE
As a practice, we cover All Risks for the insured goods only. Additional risks premium, if required, should be borne by buyers unless otherwise agreed. The Insured Value is 110% of our full invoice value only. If the buyers require the Insured Value to be covered higher than this level, the extra premium should be borne by themselves. We can effect insurance for the buyers on FOB or CFR price terms with a premium rate of 0.5%, which should be remitted to our account before shipment.

7.PRODUCTS QUALITY / QUANTITY AND DISCREPANCY CLAIM
Products have been manufactured or developed by us or third parties according to specifications stipulated in the relevant order or S/C. The Customer accepts that we are acting only as a supplier and that it is the customer's responsibility to verify that the products will be suitable for its or its customers' own requirements. There are no warranties, conditions, guarantees or representations as to description merchantability or fitness for a particular purpose. In case of quality discrepancy, claim should be filed by the buyer within 20 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the buyer within 15 days after the arrival of the goods at port of destination.

8.SHIPMENT/DELIVERY
We undertake to try our best to make shipment with reasonable care within shipment/delivery time stipulated in the relevant order or S/C except under the circumstances of Clause 9.FORCE MAJEURE, but reserve the right to make delivery in partial shipments, unless otherwise expressly stipulated in a separate writing signed by us. Delay in delivery of any partial shipment shall not relieve the customer of its obligation to accept remaining deliveries. No order shall be cancelable by the customer for delays in delivery or other causes until 20 days after written notice of such intention shall have been actually received by us, and the customer shall be obligated to accept any goods shipped or delivered by us during such period.

9.FORCE MAJEURE
We shall not be held responsible for failure or delay in delivery of the entire or a portion of the goods under the relevant S/C in consequence of any Force Majeure incidents. However, in such case we shall inform the buyers immediately and shall send to the buyers by registered letter at the request of the buyers a certificate attesting the existence of such a cause or causes by China Council for the Promotion of International Trade or by a competent authority.

10.ARBITRATION
All disputes in connection with the relevant contract or the execution thereof, shall be settled amicably by negotiation. In case no settlement can be reached, the case may then be submitted to the "China International Economic and Trade Arbitration Commission" for Arbitration. The arbitration shall take place in China and shall be executed in accordance with the provisional rules of Procedure of the said Commission and the decision shall be accepted as final and binding upon both parties. The fees for arbitration shall be borne by the losing party unless otherwise awarded.

11.INTELLECTUAL PROPERTY
The customer agrees and acknowledges that it is not acquiring any ownership or other interest of any kind whatsoever in any of our or our factories' trademarks, trade names, patents, know-how, unpatented inventions, trade secrets, common law rights in any of the foregoing, all documentation and source codes or any other intellectual property of any kind whatsoever.