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| Definitions: |
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| 1. "The Company" means CCB Industrial
Battery Company |
| 2. "The Customer" means the organisation
or individual that has ordered goods or services
from CCB |
| 3. "The Contract" means any contract
for the sale of goods or services by the Company
to the customer |
| 4. "The Goods" means any goods forming
the subject of this contract, including parts and
components. |
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| Quotation |
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| Company quotations, unless otherwise stated, shall
be open for acceptance within 30 days from the date
of the quotation. Battery quotations are subjected
to a lead clause and thus quoted prices may change
at CCB option at time of acceptance of order. |
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| Existence of
Contract |
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| No contract shall come into existence until the
customer's order (however given) is accepted by the
earliest of: |
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| 1. The Company's written acceptance |
| 2. Delivery of the goods |
| 3. The Company's invoice |
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| These conditions shall be incorporated in the
Contract, to the exclusion of any terms or conditions
stipulated or referred to by the Customer. No amendments
to this Contract shall be binding on the Company
unless confirmed by the company in writing. |
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| Prices |
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| Prices are ex-factory unless otherwise stated,
and exclude taxes or duties, unless otherwise stated.
Prices invoiced are calculated in respect for the
quantity of goods actually delivered, irrespective
of the quantities shown in the quotation/Proforma invoice. |
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| Payment |
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| All invoices are payable, without discount, within
30 days of shipment to the Customer, in no circumstances
shall the customer be entitled to make any deduction
or withhold payment for any reason. Time for payment
shall be of the essence of the Contract. Without
prejudice to any other rights of the Company, if
a customer fails to pay the invoiced amount by the
due date, the Customer shall not be allowed any
special discount offered in that invoice, and shall
pay interest on any overdue amounts from the date
on which payment is due to that on which it is
made, on a daily basis of 2.5% per month. |
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| Title |
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| 1. Not withstanding the earlier passing of risk,
title in the goods shall remain with the Company
and shall not pass to the Customer until the amount
due under the invoice for them has been paid in
full. |
| 2. Until title passes, the Customer shall hold
the goods as bailee for the Company and shall store
or mark them so that they can at all times be identified
as the property of the Company. |
| 3. The company shall be entitled at any time before
title passes to repossess and dismantle (without
being liable for any damage caused by so doing)
and use or sell all or any of the goods and so terminate
(without any liability to the customer) the Customer's
right to use, sell or otherwise deal in them, and for that purpose or determining what, if any, goods
are held by the Customer, and inspecting them, to
enter the premises of the Customer. |
| 4. Until title passes, the entire proceeds of
sale of the goods shall be held in trust for the
Company and shall not be mingled with other moneys
or paid into any overdrawn Bank Account and shall
be at all times identifiable as the Company's money. |
| 5. The Company shall be entitled to maintain an
action for the price of the goods, not withstanding
that title in them has not been passed to the Customer. |
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| Amended/Cancelled
Orders |
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| Upon receipt of confirmed order, any subsequent
changes or cancellation by the Customer prior to
delivery may result in a surcharge of up to 25%
of the total order value. |
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| Claims Notification
Guarantees |
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| Any claim for non delivery , short delivery or
damaged goods shall be notified in writing by the
Customer to the Company within 7 days from the recipt
of the goods. Any claim must be in writing
and must contain the full details of the claim,
including the part numbers of any allegedly defective
or missing goods. If no written request is received by the
Company within this time, payment must not be withheld
in any way. Batteries are sold with the benefit
of and subject to CCB standard Guarantees / Warranty
terms. |
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| General |
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| The Company may, at its discretion, suspend or
terminate the supply of goods if the Customer fails
to make payment when and as due or otherwise defaults
in any of its obligations under the Contract or
any other agreement with the Company. |
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| Law and Construction |
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| The Contract shall be governed by People's Republic of China Law and the
Customer consents to the exclusive jurisdiction
of People's Republic of China in all matters regarding
the Contract. |
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