Marlin sales terms
Please read this article carefully, especially the terms of the blackbody and the underline. These articles contain important contents relating to your rights and obligations and the restrictions and exceptions that may be applicable to you. As to the terms and conditions of any doubt please contact Marlin sales representative.
This Agreement contains the terms and conditions applicable to you ("customer") to Marlin entity ("MARLIN") to purchase the MARLIN entity name will appear in the software and services sold to customers will provide the invoice). Once the delivery of products and / or services is accepted, the customer is bound by the terms and conditions. Unless: (1) customer MARLIN has signed a formal purchase agreement (in this case, the formal agreement should be applied); or (2) other standard provisions of MARLIN are applicable to this transaction, otherwise, the terms and conditions of this agreement will apply. The Customer acknowledges and agrees that MARLIN may change the terms and conditions of the agreement without prior notice at any time in accordance with its own decision.
1. other documents: no person may use any other document to change, supplement or amend the terms and conditions of this agreement. Any attempt to alter, supplement or amend this document, or attempt to conclude products and / or service orders with supplementary or changing terms and conditions, is invalid (except for written MARLIN and client).
2. Law: this Agreement and any sales under this Agreement shall be subject to the jurisdiction of the law of People's Republic of China and shall be interpreted in accordance with such laws. This agreement is not under the jurisdiction of the United Nations Convention on the contract for the international sale of goods. The parties irrevocably agree to all disputes with the terms and conditions of this agreement or related with these terms and conditions are caused by Chinese international economic and Trade Arbitration Commission, Shanghai Commission for arbitration, and the terms and conditions of this agreement or related with these terms and conditions of any litigation or judicial proceedings also submitted an arbitration tribunal.
3. terms of payment: order; quotation; interest. The terms of payment are determined by MARLIN. Unless the credit terms are accepted by MARLIN, the payment of the product shall be made by cheque, wire transfer or other payment accepted by MARLIN. MARLIN can be invoiced separately for some of the products on the order. Prior to acceptance by the MARLIN, any order is not binding on MARLIN. Any quotation provided by MARLIN is valid only within the period described in this quotation. The customer shall notify MARLIN in writing of any error or error in the invoice in thirty (30) days after receipt of the invoice. If the client fails to notify MARLIN of the error or error within the time limit of thirty (30) days, the customer will be deemed to have recognized the accuracy and integrity of the invoice. Payment shall be due thirty days (30 days) from the date of issue of the invoice and shall be paid to MARLIN on or before the date of maturity, unless the customer's purchase terms require payment in advance. If any payment is overdue, the customer shall pay interest to the MARLIN on the balance of the daily overdue payment, the interest rate is 18% of the annual interest rate or the highest interest rate permitted by the law is based on the lower person. If the customer is not able to carry out the goods within one month of the contract, MARLIN has the right to:
A. pays the interest to MARLIN on the balance of the daily overdue payments, the interest rate is 18% of the annual interest rate, or the maximum interest rate allowed by the law, whichever is lower.
B. charge storage fee
C. sells the product to third parties
D. the above payments will be deducted from the customer's advance payment or the deposit.
The customer agrees to pay all dunned MARLIN generated arrears and other expenses, including but not limited to reasonable attorney's fees.
4. Marlin retention of ownership: risk of loss. Marlin ownership of the goods remains to Marlin until the full payment of all accounts payable to any account is received by the customer. If the customer before the full payment has been paid sell or otherwise dispose of the goods, this case will be obtained from the customer shall sell or otherwise dispose of goods in the process of the price of trust for Marlin and accept the goods person name, address and all the necessary details to them according to the requirements of Marlin. To enable Marlin to recover any arrears due from the people. As long as the ownership of the goods is still owned by Marlin, the customer will hold the goods as a trustee on behalf of Marlin, and the way of storing the goods should clearly indicate that the goods are Marlin owned. Marlin has the right to reoccupy the goods without impeding the customer's obligation to purchase (and to this end any property that the customer owns). Nothing in this Agreement shall be granted to the customer with any right to return the goods. Although the ownership of the goods does not belong to the customer, Marlin can still appeal to its price. Although the property right of the goods has not been transferred to the customer, the risk of the whole loss of the goods shall be borne by the customer when the goods are delivered to the carrier who is responsible for sending it to the customer or on the date that the goods are sent to the prescribed place in advance.he customer agrees to pay all dunned MARLIN generated arrears and other expenses, including but not limited to reasonable attorney's fees.
Marlin standard warranty clause
Warranty period: Manchester physical goods provided by the warranty period of 12 months from the date of delivery, in some special cases, the consent of the customer Manli consent may apply for the installation and debugging of goods from start.
Warranty: the scope of warranty covers materials and products that have defects or quality problems in the manufacture. For warranty products, customers will return the product Manli, Manli will free replacement / repair. The following clauses are not within the scope of warranty:
Failure due to incorrect installation or failure to install according to the instructions.
Failure due to incorrect use (including operating conditions above the design conditions of the product).
Failure caused by other improper use;
The product has not been maintained regularly;
Without the permission of our company, change the product.
Damage to the product caused by an accident.
For the replacement of the parts outside the warranty, our company will charge the cost of parts and labor.
Operation procedure: the cost of returning the product of our company is borne by the customer. After the inspection of our company, we confirm that the product has material or quality problems. Our company will repair it free of charge.
Time: the warranty service is carried out on weekdays, from Monday to Friday every week, from 8:30 to 17:30 (except for statutory holidays). Transportation: the freight returned to our company is paid by the customer in advance. After the product is replaced / repaired and sent to the customer, the customer pays the return freight.
On-site repair: if the goods are not returned to our company, our technical staff will go to the on-site inspection and maintenance of the cost of the round-trip and lodging will be borne by the customer.
Non warranty maintenance: all non warranty repairs are carried out after the customer pays the maintenance advance.
5. Disclaimer: all clauses, conditions, warranties and statements implied by statute or non written law are excluded from the law within the scope permitted by law. Even if there are any other terms and conditions, if any of the products or services provided by Marlin must meet the applicable law (hereinafter referred to as "the law") mandatory guarantee or condition, and if the Marlin scope of the applicable law or violate the guarantee conditions and the scope of responsibility exclusion, restriction or modification is prohibited by law, Marlin take any such condition or warranty responsibility should be based on the selection of Marlin and limited to the following: (I) the goods, Marlin's liability shall be limited to the replacement of goods or to provide the same goods for goods for repair or replacement of goods, payment to buy the same goods or goods to pay for the repair cost. Cost; and (II) in terms of service, Marlin's liability shall be limited to the new service, or to pay the costs of services provided. All goods shall be provided in accordance with the license agreement on the commodity packing and the customer agrees to accept the restriction of the license agreement. Once the package is opened or opened, the customer is bound by the license agreement.
6. price: transportation cost; tax. Unless the customer to provide before receiving orders Marlin effective, correct and suitable for the goods shipped from the tax exemption certificate to the destination, otherwise the customer shall according to the requirements to pay the business tax, value-added tax or Marlin the terms and conditions of this agreement under the item because of supply (or be regarded as any other supply) make a tax or any other act or action should be paid ("VAT"), together with any fines, fines or payable due to default interest. The amount of the customer paid to Marlin by VAT should be sufficient to ensure that the economic benefits of the Marlin under this Agreement are not changed, whether or not the VAT is applicable or not. The total invoice amount of the customer will include the above tax charges, transportation costs, transaction costs, agent fees and any other charges, duties or import taxes.
7. customer default: if the customer fails to comply with any provision of this Agreement (including provisions for payment); bankruptcy settlement agreement with creditors, the assets to be seized or enforced; dissolution or was ordered to suspend business or the assets are specified in the receiver; in any case, Marlin has the right without prejudice any other remedy case, cancel any outstanding orders or suspend delivery and detain more products, and require customers to pay immediately all payables owed to Marlin. If any right Marlin for the financial situation of the customer and may have to stop shipping goods, any way, Marlin without notice according to the customer can choose, in public or private sales activities in the resale of the goods, and does not affect Marlin will lead to the loss of customer default liability rights for customers.
8. Force Majeure: for reasons beyond the control by Marlin or its suppliers, including but not limited to war (whether or not the actual declaration of war), subversion, terrorism, insurrections, riots or other social unrest, the client or third party behavior, transportation interruption or delay, any government or its agencies or the the branches of the behavior, government regulation, judicial behavior, labor disputes, strike, embargo, disease, accident, fire, explosion, flood, unrest or other natural disasters, to Marlin or its suppliers delivery delay, labor, fuel, the shortage of raw materials and machinery or technical failure and the Marlin failed to perform all or part of the obligations under this agreement, any Marlin does not assume any kind of responsibility. Under such circumstances, Marlin can cancel or change the terms of the agreement without liability, including, but not limited to, the extension of the time of this agreement, and the extension time is at least equal to the time lost for the above reasons.
9. liability limitation: Marlin does not accept liability beyond this agreement, including any liability arising from the unavailability or loss of the goods. However, if the Marlin occurs under this agreement or this Agreement and any problems and deal with the customer to assume any responsibility, total Marlin negative damages should not exceed the customers in the lead to Marlin liability before the events of twelve (12) months contract amount paid to Drennan under this agreement. In addition to this agreement expressly provided, for any loss of profits, loss of business or other consequential, special, indirect or punitive damages (even if advised of the possibility of such damages), or any claim by any third party, Marlin does not assume any responsibility.
10. Title: the headings used in this Agreement are all convenient for reference. They do not constitute part of the terms and conditions of the cost agreement, nor are there any deductions or explanations for them.