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Términos y Condiciones

Términos y Condiciones

Introducción

 

 

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Términos y Condiciones para el Comprador

 

Any of our transactions are binding by a dedicated Sales Confirmation document only. Any requested changes to such a transaction by either party need to be submitted in writing within five (5) business days from the date of this dedicated document and may not be changed unless agreed to in writing and signed by both parties. Any and all legal, agency and court fees whatsoever incurred by Shineway International (Canada) Inc (Shineway) or its subsidiaries to collect any debt, financial dispute, resolution, alleged injury, or trade disputes related to the transaction shall be payable by the Buyer. All our transactions are concluded in the English language. All disputes arising out of the transactions shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. All transactions shall be governed by the laws of the Province of Ontario, Canada, including the United Nations Convention of Contracts for the International Sale of Goods (CISG). The Buyer agrees to accept service of process to the Buyer's address on this document. Shineway may immediately terminate a transaction if the Buyer is in default in any material respect in the performance of any of its payment obligations under the transaction. Written notice of any defect of the Goods related to the transaction, and satisfactory proof, must be given by the Buyer to Shineway no later than five (5) business days after date of delivery. The title of any of the Goods related to our transactions shall not pass to the Buyer until Shineway has received payment for the related transactions in full.  In no event shall Shineway be responsible for any direct, indirect, or consequential damages, including loss of anticipated profits, loss of time, or any other losses incurred by the Buyer in connection with the purchase or failure of the Goods. Shineway shall not be in breach of any of its obligations under this Agreement where failure to perform or delay in performing any obligation is due, wholly or in part, directly or indirectly, to the occurrence or apprehension of: act of God, act of public enemy, acts of governmental bodies or agencies, foreign or domestic, sabotage, riot, fire, floods, typhoons, explosions or other catastrophes, epidemics or quarantine restrictions, labor unrest or labor shortages, accident, freight embargoes, delays occasioned by carriers, or because of any event beyond the control of Shineway, for the period of time occasioned by such occurrence.  All contracts are not solicited by Shineway. Receipt of Shineway contract by electronic mail or facsimile transmission constitutes acceptance by the Buyer of all the terms contained in the contracts unless otherwise noted by return electronic mail within 24 hours.

  

 

 

Términos y Condiciones para el Vendedor

 

The terms and conditions of our transactions are hereby set forth. Any different or additional terms in the Seller's acceptance are hereby rejected, unless specifically accepted in writing by Shineway International (Canada) Inc (Shineway) or its subsidiaries. Each of our transaction is binding by a dedicated Purchase Confirmation document only. Ownership shall pass to Shineway upon shipment. Shineway’s ability to perform its obligations are subject to strikes, lockouts, or labor difficulties, fires, wars, riots, embargoes, acts of governmental authorities, inadequate transport facilities, acts of God, or any other occurrences whatsoever beyond Shineway control. Any goods covered by our transactions are subject to inspection and approved by Shineway at place of destination. If rejected, goods shall be replaced or credited by the Seller at the transaction price, at Shineway’s option and at Seller's risk. All charges so incurred shall be borne by the Seller. The Seller agrees to indemnify Shineway for any incorrect statement contained in all documents related to the transactions, including any additional duties and costs incurred by Shineway as a result of such incorrect statement. All transactions have been concluded in the English language. Any and all disputes arising out of these transactions shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. The transactions shall be governed by the laws of the Province of Ontario, Canada, including the United Nations Convention of Contracts for the International Sale of Goods (CISG). Any and all legal or agency fees whatsoever incurred by Shineway or its subsidiaries to collect any debt, resolve any financial dispute, alleged injury, or any other dispute related to the transactions, shall be payable by the Seller. It is agreed that Shineway may contra payments due to the Seller to settle any outstanding debt due to Shineway from the Seller. Our supply contract is not solicited by Shineway. Receipt of our contract by electronic mail or facsimile transmission constitutes acceptance by the Seller of all the terms contained in the contract unless otherwise noted by return electronic mail within 24 hours.

 

  

 

Procedimiento de Reclamo

 

Quantity and quality claims are acceptable, if shortage or quality damage is more than 5% of total weight or invoiced value.  In the case of any claim by the Buyer regarding the products, Shineway (Shineway) will be able to accept both quantity and quality claims, only if they are submitted within 5 business days (for mainland China) or 15 days (for Hong Kong and Haiphong), after unloading the container at the point of destination ports.  Any failure of the Buyer to notify Shineway within the time prescribed shall be deemed immediate waive of any nonconformance and null and void of any claim.  Shineway can reject claims at any time if the container is not picked up by the Buyer from the destination port for more than 5 days.

 

All claims must be supported by the following documents:

- official claim letter/assertion providing facts sufficient to identify shipment or shipments involved and liability to some party for the alleged loss or damages
- official claim list, a demand in US Dollars for the specific amount claimed
- Photo evidence of damages and/or shortages
- A third party survey report from an internationally-recognized, independent and expert organization (SGS or equal) approved by 
Shineway (the Surveyor). Survey report must be completed in the terminal or at cold storage immediately after the container is unloaded.

Claims that are not in the form of a written demand and supported by the documents can be rejected by Shineway at any time.  Shineway can consider claims on quality damages and quantity shortages in pursuant to the terms and conditions specified by Incoterms 2010.  In this case, the Buyer needs to contact Shineway immediately for a list of documents and photos required to proceed with such a claim.  Shineway can reject a market claim due to market changes in price or different market locations for sales and unforeseen expenses, such as local transportation, labor and cold storage, etc.



Arbitration

 

 

All disputes in connection with this Contract or the execution of the contract caused thereof shall be settled by negotiation. In case no settlement can be reached, the case in dispute shall then be submitted for arbitration to China Economic and Trade Arbitration Commission in accordance with the rules of procedure of existing arbitration rules in effect for arbitration, the decision made by the commission shall be accepted as final and binding both parties. The fees for the arbitration shall be borne by the losing party unless otherwise awarded by the arbitration commission.

 

 



Confirmación de Orden


The sales confirmation shall be considered non-binding by and between the parties with respect to the subject thereof until:

- The Sales Confirmation bears the signature of the authorized representative of the Buyer; and
- If applicable, the Buyer has made any deposit payment due to Shineway per the terms of the Sales Confirmation.

 

 

Cancelación de Orden

 

If a firm bid is agreed upon over the telephone or in writing and is confirmed by Shineway before any other instructions are given by the Buyer, the cancellation shall not be accepted.  The order can only be canceled under certain limited circumstances and/or if only all the related damages and expenses are fully covered by the Buyer.