Flowing Water Does Not Compete For The First, But For The Endless.

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Terms and Conditions

1.        Acceptance

1.1     Clients are entitled to accept this Sales order only in accordance with its express terms, and in no other manner. Accepting this Sales Order, clients shall not seek to: (i) modify, (ii) contradict, (iii) negate, or (iv) add to, any term contained in this Sales Order.

1.2     These terms and conditions may only be modified with LKH's express written consent.

 

2.        Terms Explanation

2.1     "LKH" means LKH Co Ltd.

2.2     “Clients” means LKH’s direct clients or indirect clients.

2.3     “Incoterms” means the delivery agreement, defining the cost, freight, insurance and responsibilities.



3.        Incoterms and Insurance

3.1     Common Incoterms are EXW,FOB,FCA,CIF.

3.2     Insurance is part of standard Incoterms.

 

4.        Packaging and Labeling

4.1     Standard package will be neutral or have LKH’s logo.

4.2     If clients need a customized package or label, clients should provide format or approve LKH’s solution in advance.

4.3     Package material includes paper box, plastic package and wooden box.

 

5.        Quality Warranties 

5.1     LKH’s quality criteria will be the default quality standard for each Sales Order.

5.2     Clients can provide their quality criteria for all Sales Orders.

5.3     Cosmetic quality problems, warranty will be one week after delivery.

5.4     Functional quality problems, warranty will be 15 months after delivery.


6.        Pricing, Invoices and Payment

6.1     LKH will sell to clients the products or services at the price specified under this Sales Order. 

6.2     Under defined specifications and quality criteria, LKH will provide very competitive prices and better services in the market.

6.3     If raw material prices vary, LKH might update the prices as well.

6.4     Clients must pay 100% before production.

6.5     LKH will provide related invoices, such as Proforma Invoice for payment and Commercial Invoice for import.

6.6     LKH will provide a lower value Commercial Invoice, so clients will pay less import tax and tariffs.

 

7.        Property and Ownership

7.1     All products, software and services will be on the property of LKH, unless 1) The insurance will be invalid, 2)LKH donates the ownership to clients, 3)Clients pay for the ownership transfer in advance.

                                                                                    

8.        Cancellation 

8.1     Most products and services are customized, so no cancellation is allowed, unless another client has exactly same demand.

 

9.        Confidentiality

9.1     The two parties agree to keep confidential from any third party.

9.2     Confidential information include specifications, drawings, pictures, samples, descriptions, pricing, usage/schedules, verbal understandings, text understandings, site observations and so on.

9.3     The parties will protect the other party’s confidential information, as the party would protect its own confidential information.

9.4     The parties agree that such information shall be distributed internally and shall be used only to this Sales Order.

 

10.     Miscellaneous

10.1  Under this Sales Order, clients will not delegate any duties or assign any rights. Any attempted delegation or assignment will be void.

10.2  Failure by clients to insist upon strict compliance to the Terms and Conditions of this Sales Order is not a waiver. The waiver of any term or condition of this Sales Order must be in writing.

10.3  This Sales Order will be in accordance with, and governed by, the laws of China. Clients submit any disputes to China courts.