These terms and conditions form a legal agreement("Agreement") between you ("Customer" or "Buyer") and Zhiling Technologies Ltd ("We" or "Seller"). This agreement governs the sale of Products (“Goods”) and provisions of Services (“Services”) by the Seller. Services are defined as any service and/or content the Seller makes available to or performs for Customer, as well as materials displayed or transmitted on the Website (micro.coax-express.com). By accessing or using this Website, Customer acknowledges that it has read, understood and agreed to these terms and conditions. If Customer does not agree to these terms and conditions, Customer may not access or use this Website. The Seller reserves the right to make changes to any of its services, policies, terms and conditions at any time. Any change shall take effect as soon as it is posted to this Website, or otherwise notified to Customer.
Customer agrees that access to and use of this Website and its content is at Customer's own risk. The Seller may add, alter, delete or restrict access to materials on, or features or functionality of, this Website at any time at its sole discretion and without liability to any other party. The Seller makes no representations or warranties regarding the accuracy, timeliness, completeness, non-infringement, merchantability, fitness or performance of any particular purpose of this Website or any material displayed or made available on it. Customer should verify information obtained from this Website before acting upon it.
This Website may provide links or references to other websites. The Seller accepts no responsibility for the content of such other websites and shall not be liable for any loss, cost, expense, damage or injury arising from Customer's use of or access to that content, irrespective of the manner of such use or access. Any links to other websites are provided merely as a convenience to the users of this Website.
Unless otherwise agreed to in writing by the Seller, all prices quoted include freight and shipping costs and sales tax. All prices quoted are exclusive of insurance costs, imports and custom duties. The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country or destination and for the payment of any duties on them.
The Seller shall be under no obligation to accept amendment or cancellation of any order of any part thereof by the Buyer, but may nevertheless agree in writing to such amendment or cancellation at its absolute discretion and upon whatever terms and conditions it may choose to impose. The Seller shall be entitled to impose a cancellation fee of up to 100% of the relevant total order value should the Buyer postpone or cancel any order, or a portion thereof.
All deliveries from the Seller to a Buyer's delivery location are in accordance with Incoterms 2020 FCA (“Free Carrier”) unless otherwise specified in writing. Title and risk of loss pass to the Customer upon delivery to the carrier. While every effort is made by the Seller to adhere to delivery dates, times quoted for delivery are to be treated as estimates only and the Seller shall not be liable for any loss incurred due to failure to deliver within such time. Whether a time for delivery is quoted or not, the time for delivery shall be extended by a reasonable period if delay in delivery is caused by anything beyond the Seller's reasonable control. A delayed delivery of any part of an order does not entitle Customer to cancel other deliveries.
The Buyer shall inspect the Goods upon receipt. Any claim concerning the quality or quantity of the delivered Goods must be submitted by the Buyer to the Seller in writing within ten (10) days of receipt of the Goods by the Buyer. The Buyer must obtain written consent from the Seller prior to the return of any Goods. Returns must be in the original packaging and in unused condition except if approved for failure analysis by the Seller via a Return Material Authorization (RMA). The Buyer shall return Goods, freight prepaid and insured, to the Seller's designated facility. If the Buyer has notified the Seller of a defect in any Goods and the complaint proves justified, the Seller retains the option to repair, replace or issue credit, at Seller's election, for the defective Goods.
The Seller warrants that at the time of delivery, the Goods will conform to the specifications stated by the Seller in its drawing or published specifications. All warranty claims will be time-barred 12 months from the time of delivery of the non-conforming Goods. However, no warranty will apply if the Goods has been subject to misuse, static discharge, neglect, accident or modification.
All quotations given and recommendations or sales made are upon the express condition that there is no guarantee, warranty or representation given or made as to the suitability of the Goods for any specific purpose. The goods are not authorized for use in life support systems, life sustaining systems, human implantation, nuclear facilities or any other application where Product failure could lead to personal injury, loss of life or significant property damage. If the Buyer uses the Goods in any such applications, the Buyer agrees to indemnify, defend and hold the Seller harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use.
The Goods are sold, and service, information and advice rendered on the understanding that the Buyer is solely responsible for determining the suitability of the Goods for the purpose for which the Buyer intends to use them. Accordingly, the liability of the Seller for any loss, cost, expense or damage incurred by the Buyer as a result of third party claims or indirect or consequential loss or damage suffered by the Buyer and arising by reason of defects in the Goods or otherwise shall be limited to the invoice price of the Goods in respect of, or in relation to which, any loss, cost, expense or damage is claimed. The Seller shall, however, in no way be liable to the Buyer if said loss, cost, expense or damage is due to Buyer's own negligence, error or omission, in whole or in part.
The Seller is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control including, but not limited to, pandemic, epidemic, fire, strike, lockout, injunction or other labor disturbances, governmental intervention, war, riots, acts of civil or military authorities, explosion, weather, flood, acts of nature, inability to obtain on terms acceptable to the Seller or a shortage of fuel, power, raw materials, labor or transportation, accident, breakage of machinery, or disruption of normal supplier channels of distribution.
Each party in receipt of Confidential Information, whether verbal or in writing or in any other form, of the other party shall not disclose such Confidential Information to third parties or use such Confidential Information for any purpose other than performance under these Terms.
The recipient of Confidential Information shall limit access of such Confidential Information to those of its employees who need to know it for purposes of the recipient's performance hereunder or otherwise in connection with the Buyer's purchase of the Goods. The recipient's employees shall be advised of the confidential nature of the information, and the recipient shall be responsible in case of breach of these Terms by any such employee.
The obligations arising from this Section shall survive for five (5) years after the expiration, termination or invalidation, for any reason, of any related agreement.
Confidentiality obligations shall not extend to Information that is in the public domain at the time of receipt, enters the public domain after receipt other than by the recipient's breach of confidentiality, that is lawfully received from third parties, or to the extent the recipient is held to disclose information under the law or by governmental or judicial order.
The Services, including the “look and feel” (e.g., text, graphics, images, logos) of this Website, proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Customer agrees that the Seller owns all right, title and interest in and to the Services (including any and all intellectual property rights therein) and Customer agrees not to take any action(s) inconsistent with such ownership interests. The Seller reserves all rights in connection with the Services and its content (other than Customer's User Content), including, without limitation, the exclusive right to create derivative works.
These Terms constitute the entire understanding between the Buyer and Seller and supersede any other agreements or understandings, whether written or oral, including any conflicting general purchase terms and conditions in any document sent by the Buyer.
If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
These Terms are personal to the Buyer and do not give any right to any third party. The Seller may assign its rights under these Terms without notice to, or consent from, the Buyer, however the obligations of the parties set out in these Terms shall pass to any permitted successor in title.
This Agreement shall be governed, construed and enforced solely by the Laws of the China. Customer agree to submit to the non-exclusive jurisdiction of the Chinese Courts.