Terms & Conditions
Excusable Delays
Ningbo Jiulong Hardware ( Jiulong USA) will exert commercially reasonable efforts to complete the buyer's order in a timely manner. Shipment dates are estimates only and are not guaranteed. Ningbo Jiulong Hardware Company (Jiulong USA) will notify the buyer of any significant delay. Ningbo Jiulong Hardware (Jiulong USA) will not be responsible , or held accountable for the occurrence of any unforeseen events beyond the reasonable control of Ningbo Jiulong Hardware (Jiulong USA) which disrupts, hinders, or otherwise affects Ningbo Jiulong Hardware’s (Jiulong USA) performance of the contractual obligations. Such events shall include but not be limited to the following ; acts of God, war, or public enemy, acts of civil or military authorities, riots, civil commotion, sabotage, labor troubles including strikes, lockouts or slowdowns, governmental regulation or statute, floods, fires or other violent natural disasters, epidemics or quarantine restrictions, shortages of material , energy, transportation or labor and embargos. In such case Ningbo Jiulong Hardware (Jiulong USA) shall notify the buyer without delay the nature and anticipated duration of such hindrance and shall keep the buyer informed of subsequent events. The buyer is not entitled to claim damages or cancel its purchase order upon delay in delivery where the delivery has been reasonably extended due to the foregoing reasons.
Limited Warranty
Ningbo Jiulong Hardware’s (Jiulong USA) shopping carts, hand-baskets, material handling carts, display fixtures & equipment and other specialty items (from this point forward referred to as Jiulong products) have a limited warranty against defects in material and workmanship for a period of 1 year from date of shipment by Ningbo Jiulong Hardware (Jiulong USA). Ningbo Jiulong Hardware ( Jiulong USA) will at its sole option, repair or replace at a location designated by Ningbo Jiulong Hardware (Jiulong USA) any component(s) of the Jiulong product(s) in question that fail to satisfy this limited warranty. Ningbo Jiulong Hardware (Jiulong USA) must receive written notice of any claimed defect during the limited warranty period and no later than thirty (30) days after the appearance of such defects in material and/or workmanship.
This limited warranty shall not apply to any component(s) of the Jiulong products in question that have been altered or repaired outside of Ningbo Jiulong Hardware’s (Jiulong USA) manufacturing facility or with other than replacement parts deemed acceptable by Ningbo Jiulong Hardware (Jiulong USA). Any alteration(s) and/or repairs must receive written approval by an authorized representative of Ningbo Jiulong Hardware (Jiulong USA) prior to such alteration(s) and / or repairs being made. Ningbo Jiulong Hardware (Jiulong USA) shall have no obligation with respect to any defect or other condition caused in part or in whole by the incorrect use, improper maintenance or modification of any components of any Jiulong product. Ningbo Jiulong Hardware (Jiulong USA) shall have no obligation with respect to any repair or maintenance of such product(s) except by persons deemed qualified to do so by Ningbo Jiulong Hardware (Jiulong USA). Responsibility for loss in operating performance or other conditions beyond the control of Ningbo Jiulong Hardware (Jiulong USA) cannot and will not be accepted by Ningbo Jiulong Hardware (Jiulong USA).
NINGBO JIULONG HARDWARE (JIULONG USA) MAKES NO OTHER WARRANTIES AND THE FOREGOING LIMITED WARRANTY OBLIGATIONS ARE IN LIEU OF ALL EXPRESSED AND / OR IMPUED WARRANTIES OF FITNESS OR MERCHANTABILITY OR OTHERWISE AND STATE NINGBO JIULONG HARDWARE’S (JIULONG USA) ENTIRE LIABILTY, UNDER ANY CIRCUMSTANCE FOR ANY CLAIM OF DAMAGE. NINGBO JIULONG HARDWARE’S (JIULONG USA) SHALL NOT BE LIABLE BASED UPON ANY CLAIM OF NEGLIGENT DESIGN OR MANUFACTURE OF its PARTS, PRODUCTS OR EQUIPMENT OR UNDER ANY OTHER THEORY. THE BUYER’S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT AT NINBO JIULONG HARDWARE’S (JIULONG USA) OPTION.
In the event Ningbo Jiulong Hardware ( Jiulong USA) determines that it can neither repair nor replace nonconforming or defective component(s) products or equipment, the Buyer’s remedy is solely limited to the return to Ningbo Jiulong Hardware (Jiulong USA) of the nonconforming or defective components , products or equipment and repayment of the original purchase price by Ningbo Jiulong Hardware (Jiulong USA).
Limitation of Liability & Indemnity
NEITHER NINGBO JIULONG HARDWARE (JIULONG USA) NOR ITS AFFLIATES, EMPLOYEES OR AGENTS WILL BE LIABLE TO THE BUYER, ITS AFFLIATES, EMPLOYEES OR AGENTS FOR ANY DIRECT, INDIRECT, SPECIAL AND / OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE ACTS OR OMISSIONS OF NINGBO JIULONG HARWARE (JIULONG USA) UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF NINGBO JIULONG HARDWARE (JIULONG USA), ITS AFFLIATES, EMPLOYEES, OR AGENTS. UNDERNO CIRCUMSTANCES SHALL NINGBO JIULONG HARDWARE (JIULONG USA) BE LIABLE TO THE BUYER FOR CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES. ALL CLAIMS BY THE BUYER OTHER THAN AS SET FORTH HEREIN ARE EXCLUDED WHETHER CLAIMS ARE GROUNDED IN TORT (INCLUDING NEGLIGENCE) LIABILITY OR CONTRACT. ANY SUIT BROUGHT BY A PART HETETO UNDER THE TERMS AND CONDITIONS OF SALE OR TO OTHERWISE ENFORCE A CLAIM HEREUNDER MUST BE BROUGHT WITHIN ONE YEAR OF THE ACTION OR OMISSION WHICH IS THE BASIS OF SUCH SUIT.
Payment Terms
Payment terms are 30% at time of order and balance due upon presentation of BOL shipping documents. Alternative terms are available with the implementation of a Letter of Credit. Prices are FOB shipping point and are subject to change without notice and / or obligation. In the event of a payment default by the buyer or an extension of time for payment, Ningbo Jiulong Hardware ( Jiulong USA) will charge interest at a rate equal to the lower of 4% above the prime interest rate (published daily in The Wall St. Journal) or the highest interest rate permitted by law. If failure to pay according to the terms of this agreement causes the account to be assigned or referred to an attorney for collection, the buyer agrees to pay Ningbo Jiulong Hardware’s (Jiulong USA) reasonable collection and / or attorney fees and all court costs to the extent permitted by law.
Any and all orders for Jiulong products are subject to acceptance by Ningbo Jiulong hardware (Jiulong USA) at prices prevailing at the time of order receipt. These terms and conditions shall be the only terms and conditions governing such orders. No other terms and conditions of sale shall in any way modify any provision contained herein or added will be binding upon Ningbo Jiulong Hardware (Jiulong USA) unless made in writing and signed by an authorized representative of Ningbo Jiulong Hardware (Jiulong USA). Payment will be made in United States dollars without deduction. Excise, sales taxes and other government charges are the responsibility of the buyer and will be added where applicable. Method of shipment will be determined by Ningbo Jiulong Hardware (Jiulong USA) unless specified in writing by the buyer. Title and risk of loss or damage to the goods becomes the responsibility of the buyer at the time of transfer or delivery to the carrier. Shipments are not insured by Ningbo Jiulong Hardware (Jiulong USA) unless requested by the buyer. The buyer is responsible for all costs incurred by Ningbo Jiulong Hardware (Jiulong USA) as a result of insuring any shipment. Furthermore to the extent of any excusable delay, any goods will be stored and insured at the risk and expense of the buyer.
Entire Agreement & Applicable Law
The terms and conditions set forth herein shall be applicable to every purchase of Ningbo Jiulong Hardware (Jiulong USA) products made for the buyer , whether under Ningbo Jiulong Hardware’s (Jiulong USA) or the buyer’s purchase orders or otherwise. In the event of any term or condition herein being or becoming invalid or non effective, the validity and effectiveness of the remainder of these terms and conditions will remain intact. The terms and / or conditions of sale supersede any and all prior agreements, negotiations, commitments and writings between Ningbo Jiulong Hardware (Jiulong USA) and the buyer. The terms and / or conditions of sale stated here may not be revised without previous written consent by Ningbo Jiulong Hardware (Jiulong USA). The interpretation and fulfillment of these terms and / or conditions shall be subject to the laws of the Commonwealth of Virginia located in the United States of America. Placement of order serves to acknowledge understanding and acceptance of any and all terms and conditions of sale stated herein.