ALL PRICES LISTED IN STEELITE PRICE LISTS ARE FREIGHT EXCLUDED OR DELIVERED PRICING. STEELITE price lists and any prices contained therein are subject to change without notice. Prices applicable to all Customer orders shall be those in effect at the time STEELITE receives a complete order from Customer unless: Customer and STEELITE have in place a written special pricing or master supply agreement, which agreement specifies the prices to be paid by Customer; or Customer requests a product shipping date to occur more than NIGHTY (90) days after STEELITE’s receipt of Customer’s order (in which case STEELITE shall have the option to apply to Customer’s order the price list in effect as of Customer’s requested shipping date). The most current STEELITE price lists are maintained electronically and can be found at RESOURCES sector at www,steelite.com.cn
Any discounts are ineffective if, as a result of the discounts, the final selling price of any product offered in a STEELITE quote would be lower than the corresponding price for that product under STEELITE’s price list.
FREIGHT AND DELIVERY Freight Terms
STEELITE reserves the right to select the “best way” shipment methods and means (including, but not limited to, determination of the carrier, method of shipment, and routing). Standard delivery shall be port-to-port delivery. Products quoted as “Delivered Pricing” shall be “F.O.B. Origin,”. As for shipments destined to foreign territories, delivery will be made to a prearranged port. Customer shall prepay all freight charges and any extra expenses resulting from any request by Customer for after-hours, holiday, weekend, or specific time delivery, or special carrier, shipping method, (eg. air freight, exclusive use vehicle) packaging, and/or routing.
Requests for Specific Delivery Time(s)
Steelite considers requests for delivery times and for drop shipments to job sites, and will
undertake reasonable efforts to indicate any such request(s) to product carriers. Steelite may, in its sole discretion, extend to Customer the option of a carrier-guaranteed set delivery time at an additional cost to Customer. Steelite’s liability for any damages incurred for any late deliveries, including labor and other expenses resulting from any such delays, shall be limited to a
refund of the charge for the aforementioned guaranteed set delivery time.
Re-delivery of Freight
When re-delivery of merchandise is required because the customer is not ready to accept merchandise, and no notification of this fact is given to us at least one week prior to the scheduled ship date, the actual costs for freight, restocking and re-handling, plus 5% of the order value, will be billed to the customer. CAUTION: After obtaining a clear receipt for shipment, the delivering carrier is no longer responsible for damage or shortages.
PAYMENT TERMS Net Thirty Days
Payment on all Steelite invoices shall be made in U.S. dollars within thirty (30) days of the date of each such invoice and without offset, back charges, retention, or withholding of any kind. Unpaid and delinquent invoices shall accrue interest at the rate of one and one-half percent(1.5%) per month, or the highest rate permitted by law, whichever is less.
Security Interest in Products
Steelite shall retain a purchase money security interest in all products sold to Customer and for which Customer has not made full payment. Customer agrees to execute any and all instruments necessary to document the creation of this security interest and/or to perfect the same. Customer further agrees to assemble and deliver to Steelite all products subject to this security interest in the event Customer defaults on Customer’s payment obligations to Steelite.
In the event Customer defaults on Customer’s payment obligations to Steelite, and Steelite employs the services of an attorney or collection agency to enforce these obligations, Customer shall reimburse Steelite for all of Steelite’s actual collection costs and expenses (including actual attorneys’ fees.
Requirements of a Valid and Complete
Steelite requires a valid purchase order to be printed on an official company document and signed by an authorized agent of the customer.
In order to submit a valid and complete purchase order to Steelite, Customer must provide Steelite
with the following information:
1. Sold to: Legal name, address (if Steelite is to bill the end user, provide end user purchase order made out to Steelite, Steelite, c/o dealer) and phone number.
2. Ship to: Legal name and address.
3. Purchase Order Number: From the party Steelite is to bill.
4. Contact name and phone number: Person Steelite should contact with any questions regarding the order.
5. Shipping contact: Name and phone number of person to be contacted regarding shipping matters.
6. Tag instructions.
7. Reference to special pricing agreement or master supply agreement with Steelite, if any.
8. Installation and/or design fees (if possible), freight (when applicable), and product information.
9. Product total (in quantity and net dollars).
10. Model number and full description (or include Steelite quote).
11. Colors (include all finishes).
12. Specials: Inquiry number if known.
Steelite sends acknowledgements on all orders. Please read these acknowledgements and contact Steelite immediately if there is any discrepancy. In the event of any difference or inconsistency between Steelite’s acknowledgement and Customer’s purchase order, Steelite’s acknowledgement will control. In the event the model number and description differ on the purchase order, the model number will be the determining factor. Any error or discrepancy on acknowledgement must be reported to Steelite in writing within three (3) working days of acknowledgement date. All acknowledgements contain an estimated shipping date, but an order may ship earlier than the estimated shipping date. If Customer desires delivery on or after a specified date, Customer must contact us the soonest possible.
Orders may be sent to Steelite via Fax (86-379-62268277). If, following submission of a fax order to Steelite, Customer sends a confirming order, such confirming order must be marked “Confirming Order. Original order sent via fax.” Steelite will not be responsible for any duplication orders caused by unmarked hard copy, duplicative confirming orders, or orders sent via fax more than once.
Changes or Cancellations of Orders
Purchase orders acknowledged by Steelite nominally cannot be changed or cancelled without Steelite’s consent, which consent may be conditioned upon Customer’s agreement to pay increased or additional expenses resulting from the requested change or cancellation, including but not limited to a twenty-five percent (25%) cancellation charge if order is cancelled or changed within a minimum of twenty (20) days prior to expected delivery date as acknowledged. Products with custom options cannot be cancelled or returned.
TITLE, RISK OF LOSS, & DAMAGE OR
SHORTAGE CLAIMS Title and Risk of Loss
Title to product shall pass to Customer upon delivery by Steelite to the carrier. For purposes of risk of loss, all shipments are “F.O.B. Origin”; and Customer acknowledges that, once KI delivers the product to the carrier, risk of loss shall pass to Customer. If you receive product that is freight damaged, the following steps must be taken:
1. Before signing for the merchandise, make careful notation of all damages on the bill of lading or delivery receipt.
2. Immediately file a claim with the delivery carrier. Request an inspection by the carrier agent.
3. The claim must be filed within fifteen (15) days of receipt of goods.
4. Retain all shipping cartons for inspection by the carrier agent. For concealed damages follow steps 2 through 4.
Shipment Damage Claims
All products are packaged to comply with carrier requirements and leave Steelite’s manufacturing facilities in good condition. Customer shall be responsible to carefully inspect all product upon delivery and before acceptance. Any damage discovered upon delivery must be noted on the bill of lading. Notification of damage discovered after delivery must be given to the carrier within fifteen (15) days immediately following delivery, and all damaged product must be kept at the point of delivery in its original packaging. Steelite shall not be liable for loss or damage to product that occurs in transit, and Customer’s sole remedy for any such damages shall be to seek appropriate recourse against the carrier.
Customer must report shortage claims to Steelite within ten (10) days immediately following delivery. Shortage claims reported after ten (10) days after delivery will not be honored.
Product conforming to the specifications contained in Steelite’s acknowledgement to Customer may not be returned to Steelite without Steelite’s written consent, which consent may be conditioned upon Customer’s agreement to pay re-handling and/or restocking charges and/or to prepay all freight charges on the return shipment.
Weights and Dimensions
All weights and dimensions listed in Steelite’s price or product listings are approximate, not accurate.in absolute term
Statute of Limitations
Except as specifically set forth in these Terms & Conditions, no claim arising out of or in connection with products purchased from Steelite, these Terms & Conditions, or any product warranty applicable to any Steelite product may be brought by Customer more than one (1) year after the cause of action on which it is based has accrued.
Jurisdiction and Venue
The interpretation and application of these Terms & Conditions and any product warranties applicable to products purchased by Customer from Steelite shall be governed in all respects by the laws of P.R.C (People’Republic of China), without reference to the rules of any jurisdiction concerning conflicts of laws or the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Customer agrees that all disputes arising from the interpretation or application of these Terms & Conditions or any product warranty shall be subject to the exclusive jurisdiction of P.R.C
Steelite shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, or any other labor difficulty, act of any governmental authority or of Customer, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources, or failure of suppliers to meet their contractual obligations, or due to any cause beyond its reasonable control. In the event of delay in performance due to any such cause, Steelite reserves the right to extend the date of delivery or time for completion by a period of time reasonably necessary to overcome the effect of such delay, to allocate any available supply of goods in a manner it deems reasonable, or to cancel any purchase order.
RIGHTS AND WARRANTIES
This warranty is given to the initial purchaser and is valid for as long as the initial purchaser owns the product. The warranty, which runs from the date of manufacture, covers defects in materials and craftsmanship found during normal usage of the products during the warranty period. If a product is defective, and if written notice of the defect is reported to Steelite within the applicable warranty period, Steelite at its option will either repair or replace the defective product with a comparable component or product, or provide a refund of the purchase price. Replacement product does not include labor.
This warranty does not apply to damage caused by carrier, alterations to product not expressly authorized by Steelite. Steelite does not warranty the matching of color, grain or texture, except to within commercially acceptable standards. A product will not be considered defective, and KI will not be obligated to replace it, if the product is subject to any of Steelite’s written planning, installation or user guides, and is not installed or used as recommended therein.
EXCEPT AS STATED ABOVE, STEELITE MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY PRODUCT AND IN PARTICULAR MAKES NO WARRANTY OF FITNESS FOR ANY PARTICULAR USE. AT STEELITE’S OPTION, PRODUCT REPAIR, REPLACEMENT, OR REFUND OF PURCHASE PRICE IS THE CUSTOMER’S EXCLUSIVE REMEDY FOR ANY AND ALL PRODUCT DEFECTS.