General Sale and Delivery Conditions Hero

General Terms of Sale and Delivery

Our General Sale and Delivery Conditions serve to establish clear terms for transactions. They delineate responsibilities, payment structures, and dispute resolution, fostering transparency and a mutually advantageous business relationship.

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1. Definition

The "buyer" refers to the company or individual that purchases the products of BIBUS (Shanghai) Mec., Ltd.

"Purchase Order" refers to the written agreement, such as a contract or order, signed between the buyer and BIBUS (Shanghai) Mec., Ltd.

For the purchase of products. Product "refers to the goods and services provided by BIBUS (Shanghai) Mec., Ltd.

The "Seller" refers to BIBUS (Shanghai) Mec., Ltd.


2. Confirmation and Acceptance

These terms and conditions shall be deemed an integral part of the purchase order, accepted and effective by the buyer after confirmation, unless otherwise agreed in writing between the buyer and the seller. Without a written agreement signed by the buyer and seller, any modification or waiver of these terms and conditions shall be deemed invalid.

3. Price, specifications, and delivery time

a. The validity period of the quotation is 90 days from the date of issuance. Unless the seller agrees in writing in advance, the goods will be invoiced at the current price on the delivery date.

b. All orders will be submitted in accordance with the terms and conditions included or mentioned in the seller's quotation. Unless stated in writing, the terms and conditions shall not be cancelled or modified. All requirements must be approved in writing by the seller.

c. The standard payment term 50% payment upon receipt of the order, and the remaining 50% payment before shipment".

4. Delivery and acceptance

a. The seller will ship the product to the delivery address specified in the purchase order. If the buyer changes the consignee, they shall promptly notify the seller in writing, otherwise the buyer shall bear the consequences caused. When the product is delivered to the delivery address, all risks of damage or loss of the product are transferred to the buyer. Unless otherwise agreed, the products will be delivered in the seller's standard packaging form.

b. After the product arrives at the delivery location, the buyer shall conduct an on-site inventory of the product specifications, quantity, appearance, and packaging, and the buyer's consignee shall sign for the delivery note. The delivery note shall be in duplicate, with each party holding one copy, as evidence of the seller's completion of product delivery and acceptance of product specifications, quantity, appearance, and packaging.

c. The buyer shall conduct a comprehensive acceptance of the quality and performance of the product according to the attached technical specifications within 7 days after the product arrives at the delivery location. However, the inspection of product specifications, quantity, appearance, and packaging shall be subject to the delivery note. If the buyer discovers any quality defects or other issues with the product, they shall raise them in writing to the seller and provide effective proof of the above situation. If any non-compliance is found and confirmed by both parties to be the responsibility of the seller, the seller shall be responsible for handling it. If the buyer fails to conduct acceptance within the acceptance period, or fails to issue a written final acceptance confirmation letter and raise a written objection, or if there is a written objection but sufficient evidence is not provided, It shall be deemed as the final acceptance of the product.

5. Warranty terms

a. The seller guarantees that the goods will be free from manufacturing defects in normal use for 12 months (from the date of shipment) and promises to repair or replace any clearly defective components within this period or pay the purchase price (at the seller's option), as long as the equipment and/or components are returned (with paid transportation) during the warranty period. If the identification label is removed, or the device is violated, altered, or used in applications exceeding the specified maximum value, or distorted in any way, then this warranty does not apply. All technical opinions, suggestions, and services are based on technical data and information deemed trustworthy by the seller, and are used by qualified personnel with business knowledge according to their own standards. During the warranty period, repair, modification, or replacement of components shall not have the effect of extending the equipment warranty period. The above 12 months period can be extended through mutual consultation between both parties.

b. For X-ray products, the warranty period for repair or refurbished parts is 90 days from the date of shipment, and the warranty period for replacement products is 6 months. This warranty period is limited to components that are replaced or repaired. And the warranty application must be reported to the seller within 14 days after the fault occurs.

c. The buyer's sole remedy and the seller's sole responsibility are for the seller to refund the purchase price or bear the cost of repairing or replacing the product at their discretion.

d. The buyer shall bear the cost of transporting the repaired product to the seller's service point, and the seller shall bear the shipping cost of returning the repaired product to the buyer, provided that the product is still under warranty. This fee does not include customs duties, value-added tax, or related taxes.

6. Liability for breach of contract

a. If the buyer fails to make payment on time, in addition to the corresponding extension of the delivery deadline, the buyer shall pay a penalty of 0.05% of the payable amount to the seller for each day of delay. If the payment is overdue for more than [30] days (the overdue time for each payment can be calculated cumulatively), the seller must pay off the whole value of the purchase order plus the delay 30 days delay penalty.

b. After the purchase order takes effect, if the buyer unilaterally terminates the purchase order without a contract or legal basis, or if the seller terminates the purchase order due to the buyer's breach of contract, the buyer shall pay a penalty of 30% of the total purchase order price to the seller. If the penalty is not sufficient to compensate for the seller's losses (including but not limited to stock losses, warehousing, legal fees, etc.), the buyer shall immediately make up for it.

c. The seller shall only bear direct economic losses caused by product quality issues and shall not bear any indirect losses including production stoppage, profit loss, contract loss, use loss, or any other indirect losses. In any case, the seller's liability for breach of contract caused by a single product shall not exceed the amount of that single product.

7. Force Majeure

The seller shall not be liable for any damage or delay in performance caused by factors beyond the reasonable control of the seller.

8. Others

a. The purchase order shall be interpreted in accordance with the current widely understood meaning of words and phrases in the People's Republic of China. The content of the order and the interpretation and jurisdiction of the performance of both parties, as well as the actions of any court, mediator or arbitrator involved in this agreement, shall be governed by the laws of the People's Republic of China

b. Any dispute, controversy, or claim related to or arising from a purchase order, including its interpretation or performance, shall be resolved as follows: senior management personnel of both parties shall attend and strive to resolve such disputes. If senior management cannot resolve the dispute, either party may issue a formal written request to resolve the dispute and specify the scope of the dispute. Within 30 days after the written notice, both parties agree to hold 1 day meeting under the mediation of an impartial mediator to seek non litigation resolution of the dispute. If within 30 days after the mediation within 1 day, both parties are still unable to reach an effective solution to the dispute, either party may file a lawsuit with the people's court where the seller is located.