Terms and Conditions of Sales
The Terms and Conditions of Sales contained herein (the “agreement”) constitute the entire agreement between
AINFO Inc. (“Seller” or “AINFO”) and the party which places a purchase order within AINFO(“Buyer”) and shallcontrol all purchases of products (as hereinafter defined) by Buyer from Seller. No form of acceptance exceptAINFO’s written or electronics acknowledgement provided to Buyer or Seller’s commencement of performanceshall constitute valid acceptance of Buyer’s purchase order; any such acceptances expressly conditioned onBuyer’s assent to the terms hereof and the exclusion of all additional or different terms except as may be set forthin a written agreement expressly superseding these terms. Buyer shall be deemed to have assented to the termshereof, whether or not previously received, upon accepting delivery of anything shipped by the Seller. If tender ofthese terms is deemed an offer, acceptance is expressly limited to the terms hereof and the Seller hereby gives notice of its objection to any additional or different terms proposed by Buyer in its purchase order or any otherdocuments.
1.1 “Product(s)” shall mean any products identified on (a) Seller’s proposals or quotations or (b) Seller’sacknowledgments of a purchase order. In the event of any inconsistency between (1) the proposal orquotation and the acknowledgement or (2) the purchase order and the acknowledgment, theacknowledgment shall control.
2.1 Buyer shall purchase products by issuing a written purchase order (the “order”), indicating specific products,quantity, unit price, total purchase price, payment term, currency, shipping instructions, requested deliverydates, bill –to and ship-to address, if applicable, any other special instructions. Seller will accept or rejectorders according to this then-current procedures. All orders are subject to acceptance in writing by seller.
2.2 Any notice or instruction form Buyer received subsequent to Seller’s acknowledgment which has effect ofchanging the specifications, scope of work, or other terms will be effective only upon an appropriateadjustment in the price and / or delivery date, and the written acceptance of any such change by seller.
3. PAYMENT AND RISK OF LOSS
3.1 In all cases, unless indicated on Seller’s quotation, acknowledgment or invoice or otherwise agreed to inwriting by the Seller, the payment terms shall be Advance Payment and payment shall be made in USDollars.
3.2 In all cases, unless otherwise agreed to in writing by Seller, title and risk of lose for the Product(s) shall passfrom Seller to Buyer,” EXW Seller’s location”, Floor#2, Building#3, #5Gaopeng East Rd., Gaoxin District,Chengdu, Sichuan, China, 610041.
3.3 In all cases, unless otherwise agreed to in writing by Seller, Buyer shall be responsible for insuring theproducts at and after the time it assumes the risk of loss.
3.4 If at any time Buyer is delinquent in the payment of any invoice or is otherwise in breach of any obligation to Seller , Seller may, at its discretion, and without prejudice to its other rights, withhold shipment (includingpartial shipments) or any order or may, at its option, require Buyer to prepay for further shipment. Latecharges of one and half percent (1.5%) per month on any sum not paid by Buyer when shall be due andpayable at the option of Seller.
4. SHIPPING AND DELIVERY
4.1 Shipping dates will be established by Seller upon its receipt and acceptance of an order from Buyer
.4.2 Unless Seller received and acknowledges written shipping instructions from Buyer regarding shipment priorto the delivery date, Seller may select and engage on Buyer’s behalf third parties, including domestic andinternational forwarders and carries, for the handling transportation, clearance and delivery of the Products.Seller shall use reasonable care in making such selection but shall have no liability by the means, route, andprocedure to the followed by such third parties. The selection by Seller of a particular company shall notmean that Seller warrants or represents that the company will properly perform such services and Seller shallnot be responsible for any delays or damages caused by such third parties, nor shall such third parties beconsidered to be an agent of Seller. In the event Seller pays or is required to pay or prepay any fees orcharges related to these services, Buyer shall include the shipping & handling charges in their purchaseorder payment.
5.1 In the event that either party defaults in any of the terms, conditions, obligations, undertakings or liabilities setforth herein, the order party shall give the defaulting party written notice of such default. If the defaulting partydoes not remedy such default within ninety (90) days following receipt of written notice thereof, the partygiving notice may cancel the Order by providing the defaulting party with a written notice of cancellation.
5.2 Except as provided in paragraph 5.1, Orders accepted by Seller can only be cancelled by Buyer with themutual agreement of Buyer and Seller. In the event and Order is agreed to be cancelled, Buyer will be liablefor no less than the sum of (1) the sales price of all finished goods, (2) the total cost of all work in process andall raw materials purchased for the Product, including long lead time and / or bulk material, (3) a reasonableprofit with respect to unfinished goods and (4) any other obligations, liabilities, expenses and / or costsincurred by the Seller in connection with the Order (including, but not limited to, any administrative, freightand restocking costs and expenses). In no event will Buyer’s liability under this section exceed the total valueof the cancelled portion of the Order.
6. LIMITED WARRANTY
6.1 Notwithstanding any other provision hereof, Seller’s sole and exclusive obligations and Buyer’s sole andexclusive remedy for the Products sold hereunder are set forth in the Seller’s warranty which can also befound on www.ainfoinc.com.
7. LIMITATION OF LIABLITITY; LIMITATION ON BRINGING ACTION
7.1 The aggregate cumulative total liability for which seller is obligated to pay buyer hereunder, whether forbreach of warranty or contract, indemnification herein, tort (including negligence), or otherwise, shall notexceed the payment made to seller in connection with those products purchased under the order which gaverise to such liability.
7.2 No action shall be brought by buyer for any breach by seller more than one (1) year after the occurrence ofthe cause of action therefore.
8. FORCE MAJEURE
8.1 Seller shall be excused from any liability,loss or damage to Buyer or any other person or party for failure tomanufacture or deliver, or any delay in delivery, arising form any events beyond Seller’s control regardless ofwhether or not they were foreseeable by either party when the products were ordered. Such uncontrollable eventsinclude, but are in no way limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fires,floods, accidents, Government priorities or regulations, quarantine restrictions, acts of Buyer, strikes, labordisputes, difference with workman decrees, delays in transportation, and shortage of cars, fuel, labor or materials.
9. INTELLECTUAL PROPERTY
9.1.1 Intellectual Property refers to all Patents, Trade Marks, Copyrights, System Designs, and other Intellectual Property whether registered or not owned by Seller. Proprietary Information includes all designs drawings, Intellectual Property, masters, software, specifications, raw materials, components, data, business information or plans, customer list or other customer information (“Confidential Information”) furnished by A-INFO.
9.1.2 Buyer must keep all Proprietary Information confidential, whether or not labeled “confidential.” Buyer is responsible for and assumes the risk of loss or damage to or from misuse of Proprietary Information and not make any changes to the Proprietary Information without A-INFO's written consent.
9.1.3 Buyer shall not make any copies of Confidential information except as specifically authorized by Seller in writing. Buyer shall not, without A-INFO's written consent, directly or indirectly use Confidential Information or information derived there from in performing services or providing goods for any other customer of Buyer, or any other person or entity.
9.2.1 All of A-INFO's products, documents, and photos must be labeled with A-INFO's Trademark or Label. If any of A-INFO's products, documents, or photos published without A-INFO's Trademark, A-INFO's Label, or A-INFO's Authorization, A-INFO reserves the right to request the removal or alteration of A-INFO's products, documents, or photos from the publication or presentence.
1. Formal P.O. with quotation number needs to be e-mailed to the sales: [email protected] orfaxed to 0086-28-8519-3068.
2. Proforma Invoice and Payment instruction will be sent to you after receiving the P.O.
3. Payment needs to be arranged according to the quoted payment term and invoice.
4. Delivery date will be informed by order confirmation after receiving the payment.
5. Shipment will be arranged according to the shipping instruction provided by you and theshipment tracking number will be provided after the shipment.
6. Warranty, see Warranty Statement.
7. Return and repair, see Service and Repair Policy.
8. Questions and concerns, pls. contact customer service at [email protected] [email protected] Tel:0086-28-8519-2786/0086-130-600-15760; Fax: 0086-28-8519-3068.We appreciated the business. Thanks you!
AINFO Inc. (Hereinafter AINFO) warrants each product of its manufacture to be free from any defect in materialand workmanship for a period of one year after delivery to the original buyer.
The limit of liability under this warranty shall be to repair or replace any product, or part thereof, which proves tobe defective after inspection by AINFO. This warranty shall not apply to any AINFO product that has beendisassembled, modified, physically or electrically damaged, or to any product that has been subjected toconditions exceeding the applicable specifications or ratings.
AINFO shall not be liable for any direct or consequential injury, loss or damage incurred through the use, or theinability to use, any AINFO product.
AINFO reserves the right to make design changes to any AINFO product without incurring any obligations tomake the same changes to previously purchased units.
This warranty is the full extent of obligation and liability assumed by AINFO with respect to any and all AINFO products.
AINFO neither makes, nor authorizes any person to make, any other guarantee or warrantyconcerning AINFO products.If the unit at any time has any problems it would have to be shipped back to AINFO location for warranty repair orreplacement. In this case, the following procedure has to be followed:
1. A detailed default report needs to be sent to [email protected], after evaluation by AINFO’s QAdepartment, the RMA will be assigned. Only after the RMA is assigned, then the shipment can be arranged.
2. For the shipment to return the default product back to AINFO, buyer needs to be responsible for the shippingand all related cost. If AINFO is responsible for the default, AINFO will pay for the shipping back to the buyer; ifthe default is caused by the buyer or other reason, which AINFO is not responsible for, then the buyer isresponsible for the shipping and all related cost.
3. Returned units will undergo complete test and evaluation. Replacement and or/repair will be determined onlyafter AINFO has determined the cause of the failure. All units returned are subject to evaluation charge when:1) The units meet full specifications and do not require repair, or 2). failures due to excessive stresses causedby rough handling or overload during test or installation at thecustomers’ location.4. AINFO is not responsible for failures due to excessive stresses caused by rough handling or overload duringtest or installation at the buyers’ location; nor can AINFO be responsible for damage caused by improperoperation or faulty power supplies.5. Every precaution is used at the factory to insure that every unit meets all electrical and mechanicalspecifications prior to shipment. Buyer, by his issuance of a purchase order or similar instrument, accepts thiswarranty. The applicable law of China shall be used for interpretation and adjudication of this warranty andrelated work order or purchase agreement.>
SERVICE AND REPAIR POLICY
For all items requiring service, regardless of warranty status, AINFO's QA department should be contacted fora Return Material Authorization (RMA) number. RMA number needs to be requested through E-mail (E-mailaddress: [email protected] / [email protected] ), you will need to provide the default report, whichincludes model number, serial number and as much information as possible about the nature of your difficulty.In addition, if a technical point of contact is available at the user's facility, please provide this individual's nameand phone number should any further communications be necessary. Once the form has been completed andsent to AINFO’s QA department, you will be contacted within no more than two business days with an RMA number.
RETURN OF UNITS
All products being returned to AINFO for repair must be shipped with the shipping charges prepaid.Items returned to AINFO from outside of the China must include two (2) copies (one copy placed in shippingcontainer, one copy affixed to the outside of shipping container) of a Proforma invoice which ONLY states "Repair unit, no commercial value, and declare USD2 for Custom value”.Failure to follow the above instruction may cause expenses, such as, but not limited to duties and taxes,which the buyer is held responsible for. Pls. advise us the tracking number after shipment.Whenever possible, the product should be shipped back to AINFO in the original packaging. Items subject to"in-warranty repair" will be returned to the buyer at no charge. The customer will be responsible for returnshipping charges for items that are out of warranty or that have been mishandled in addition to the evaluationand repair charges as outlined below. For units returned and subsequently found to have no defects, anevaluation fee will be charged for any testing and processing regardless of warranty status.
Warranty repairs will be made at no cost to the customer. Units out of warranty or those, which have beenmishandled, will require written approval from the buyer authorizing the repair charges prior to the repairbeing processed. Evaluation charges for out of warranty or mishandling varies, but the Minimum charge isUSD100.AINFO will provide cost estimate for repair or replacement. For those items which are economically notsuitable for repair or the buyer may decide not to repair, the above specified evaluation fee will be charged.This evaluation fee may be applied toward the procurement of replacement in certain cases.
RETURN LEAD TIMET
Typical repair turn around time is 30 days after receipt of the unit at AINFO. If delivery is critical, pleasecontact Sherry at [email protected] for special request. Expedition fee may apply.