General Terms and Conditions of Sale, Delivery, and Payment
These General Terms and Conditions (the “Terms”) apply to all our quotations and contracts, including future ones. Any deviations from these Terms need to be agreed upon in writing by both parties.
1. Quotation and Contract Formation
1.1. All quotations are non-binding, especially regarding price, delivery possibilities, and approximate quantities and weights. All agreements regarding contract execution between MH and the buyer must be confirmed in writing.
1.2. We may need to correct any obvious errors in our quotations, order confirmations, or invoices, and we'd like to make sure everything is accurate. Information that conflicts with other documents will not create any legal rights.
2. Price and Payment Terms
2.1. Prices, currency, and payment terms are agreed upon in our contracts, and may include ex-works, FOB, CIF, or other arrangements that work for both of us.
2.2. Payment terms will be discussed and agreed upon in each contract. If payment is delayed, we need to charge interest at a rate of 6% per year, as per our agreement.
2.3. Payments will be applied first to any overdue debts. The date of payment will be when the funds reach our bank account.
2.4. All payments should be made without deductions. For foreign currency transactions, we’ll calculate the payment based on the exchange rate at the due date or the rate we’ve agreed upon in the contract.
2.5. We understand that sometimes situations arise, but unless a court orders otherwise, we can’t accept offsets or liens unless mutually agreed upon.
2.6. If there’s a valid complaint about defects, we will accept a reasonable amount being withheld, in proportion to the defect.
3. Delivery
3.1. Unless otherwise agreed, the buyer will cover shipping costs. However, we will handle the logistics and shipment process. If the buyer prefers a faster shipping method or a different mode of transportation, we’ll work together to make it happen, but the buyer will bear the extra costs.
3.2. While we always aim for on-time delivery, if any delays occur due to factors outside our control, we ask for your understanding as we work to resolve the issue.
4. Delivery Date and Interruptions
4.1. Our delivery deadlines are based on when all product details are confirmed. If there’s a delay, the buyer can’t immediately cancel the contract or request compensation unless there’s willful misconduct or gross negligence. If that’s the case, compensation is limited to 20% of the undelivered goods’ value.
4.2. Delivery will be considered on time if goods are shipped or delivered to the agreed location by the specified date.
4.3. In case of unexpected events like strikes, natural disasters, or shortages of materials that delay our ability to fulfill the order, we will extend the delivery time by at least the amount of time the interruption lasted. We’re committed to delivering as soon as possible under these circumstances.
5. Warranty and Defect Notification
5.1. We may make improvements to the products, which won’t affect their quality or value, especially when the goods meet MH standards or customer specifications.
5.2. We’re not responsible for damage caused by improper or incorrect use or processing, especially issues arising during the sewing process.
5.3. If there’s a valid complaint, we will deliver replacement goods without defects within a reasonable timeframe. If this isn’t possible, the buyer can request a price reduction or compensation, or cancel the contract if the defect is severe.
5.4. The buyer must notify us of any obvious defects within 30 days of receiving the goods. Hidden defects should be reported as soon as discovered.
5.5. The buyer is responsible for documenting defects, especially if the goods need to be recalled after resale, and providing the necessary documents to us.
5.6. Claims for damages or warranties will expire 12 months after the transfer of risk, unless otherwise required by law.
6. Retention of Title
6.1. We retain ownership of the goods until the buyer has paid all amounts due under our agreement, including any future payments related to the business relationship.
6.2. If the buyer suspends payments or initiates bankruptcy proceedings, their right to sell goods under retention of title ends. However, resale is allowed if it ensures that our secured rights are respected.
7. General Liability Provisions
7.1. Except as otherwise provided, the buyer cannot claim damages or compensation for any legal reason. However, this does not apply in cases of willful misconduct, gross negligence, or mandatory liability such as for death, personal injury, or health damage.
7.2. Compensation is limited to typical, foreseeable losses under the contract unless caused by willful misconduct or gross negligence.
8. Place of Performance, Jurisdiction, and Legal Venue
8.1. Our place of performance is the location of our registered office or a designated distribution warehouse. The place of payment is the buyer’s registered office.
8.2. Any disputes should ideally be resolved through friendly discussions. If necessary, the dispute will be handled by the competent court at our registered office, or in the buyer’s jurisdiction, as appropriate.
8.3. All disputes will be governed by the laws of the People's Republic of China, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9. General Provisions
9.1. We respect privacy and will handle personal data from our business partners according to the law, in compliance with China’s data protection regulations.
9.2. If any part of these Terms is found to be invalid, the rest of the provisions remain effective and binding.
