1. Quotation & Order Acceptance
1.1 All quotations are valid for 30 calendar days from issue date unless otherwise stated. Quotations are non-binding until Seller issues a formal written order confirmation.
1.2 An agreement is formed only upon Seller’s written order confirmation. In case of discrepancy, Seller’s order confirmation shall prevail over Buyer’s purchase order or other documents.
1.3 For custom-molded rubber components, drawings, samples, technical specifications provided by Buyer shall be Buyer-supplied data. Seller will manufacture according to specifications confirmed in writing by Buyer. Buyer is responsible for the suitability, fit and function of final Goods for Buyer’s end-use application.
2. Tooling / Molds for Custom Products
2.1 Where new molds or tooling are required for custom-molded parts, Buyer shall pay the full tooling cost as quoted. Tooling remains the property of Seller unless a separate written agreement transfers ownership to Buyer upon full settlement of all tooling and product payments.
2.2 Seller will perform routine maintenance on owned tooling for active orders. If no production is ordered for 12 consecutive months, Seller reserves the right to archive or dispose tooling after prior notice to Buyer. Buyer shall bear costs for re-tooling, modification or repair caused by Buyer-requested design changes.
3. Price, Payment & Currency
3.1 Prices are quoted in USD unless otherwise agreed. Prices do not include freight, insurance, import duties, taxes, customs clearance fees or special packaging, unless explicitly included in the quotation.
3.2 Standard payment terms: 30% deposit upon order confirmation, 70% balance payable before shipment (T/T wire transfer). Other payment terms require separate written agreement.
3.3 All bank charges shall be borne by Buyer. Overdue payments may incur late-payment interest at 3% per annum above the bank base rate on outstanding sums from due date until full settlement.
3.4 Buyer shall not withhold or deduct payment for any reason without Seller’s prior written consent.
4. Delivery, Shipping & Risk of Loss
4.1 Lead times given by Seller are estimated and for reference only. Shipping dates are not guaranteed and subject to raw-material supply, production and logistics conditions.
4.2 Unless other Incoterm® is agreed in writing, sales are FOB Ningbo Port (Incoterms 2020). Risk of loss, damage and title to Goods pass to Buyer once Goods are handed over to the carrier at the port of shipment.
4.3 Buyer shall be responsible for import formalities, customs duties and local taxes at destination. Claims for loss or damage occurring during transit shall be filed by Buyer directly with freight forwarder or insurance provider.
4.4 Seller will provide standard export-grade packaging. Special customized packaging will incur extra costs payable by Buyer.
5. Inspection, Acceptance & Returns
5.1 Buyer shall inspect Goods within 15 working days after receiving shipment. Buyer must notify Seller in writing of any non-conformity, defect, shortage or visible damage within this period, together with photos and inspection records.
5.2 No return shall be accepted without Seller’s prior written approval. Custom-molded, tailor-made rubber parts cannot be returned unless proven to have manufacturing defects from Seller’s side.
5.3 Returned Goods must be sent back in original condition at Buyer’s cost unless defect is solely attributable to Seller’s workmanship or raw-material fault.
6. Warranty
6.1 Seller warrants Goods manufactured by Seller shall be free from defects in raw material and workmanship for twelve (12) months from date of shipment from Seller’s factory.
6.2 This warranty does NOT cover: normal wear-and-tear; improper installation, misuse, overpressure, improper chemical or temperature conditions; modification by third parties; damage caused by Buyer-supplied incorrect drawings or specifications.
6.3 Under valid warranty claim, Seller’s sole obligation shall be, at Seller’s option: repair defective Goods, supply replacement goods, or refund the paid amount for defective items. Seller is not liable for installation/removal costs, downtime, indirect or consequential losses.
7. Intellectual Property & Confidentiality
7.1 All Seller-provided drawings, designs, quotation documents, technical data and know-how remain the intellectual property of Ningbo Jinyi New Material Co., Ltd. Buyer may not copy, reproduce or disclose such materials to third parties without written permission.
7.2 Buyer shall keep confidential all non-public commercial and technical information obtained from Seller during business cooperation. Confidentiality survives order completion or contract termination.
8. Force Majeure
Seller shall not be liable for delay or failure of performance caused by circumstances beyond reasonable control, including but not limited to natural disasters, epidemic, raw-material shortage, port congestion, government regulation, war, strike and other force-majeure events. Seller will notify Buyer promptly upon occurrence. Seller may postpone delivery or partially cancel the order without penalty under such conditions.
9. Limitation of Liability
Under no circumstances shall Seller be liable for any indirect, incidental, consequential, special or lost-profit damages arising out of or related to Goods, even if advised of possibility of such damages. Seller’s total aggregate liability for any claim shall not exceed the invoice amount of the relevant order of Goods.
10. Governing Law and Dispute Resolution
10.1 These Terms shall be governed by the laws of People’s Republic of China, excluding conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.2 Any dispute arising from or connected with sales under these Terms shall first be settled by friendly negotiation. If negotiation fails, disputes shall be submitted to the People’s Court having jurisdiction over Ningbo, China.
11. General
11.1 Seller reserves the right to update these Terms & Conditions. Updated version will be published on website https://jyelastomer.com. Continued ordering constitutes acceptance of revised Terms.
11.2 If any clause is found invalid or unenforceable, remaining clauses shall remain in full force and effect.
11.3 Failure by Seller to enforce any provision shall not constitute waiver of that right.
11.4 These Terms constitute the full agreement between parties, superseding all prior oral or written communications related to subject-matter.