Delivery
1. Unless otherwise agreed in writing between the parties, the delivery of samples are made in 3~5 days after the payment received by the seller, Delivery for bulk orders is to be agreed upon by both parties
2. If the Customer requested special packaging or provided packaging material or requested any other additional services, the seller shall be entitled to invoice such additional costs incurred as a consequence.
3. Upon delivery of the products, any transport damage and other anomalies resulting from the transport must be forthwith acknowledged by the carrier. The extent of and the presumed reasons for such anomalies and/or damages shall be set out in such acknowledgement.
4. Past due payments and – in seller' sole judgment – the deterioration of Customer's creditworthiness, the seller shall be entitled (a) to hold off the delivery of Products, or (b) to rescind the Contract and claim for damages, in addition, the seller shall be entitle to ask the customer to make payment.
5. Title of ownership in and to the products shall remain with the seller until the price has been credited in its entirety to seller' bank account.
6. The dates of deliveries indicated by the seller shall be deemed indicative dates only
and not fixed dates. The seller shall forthwith inform the customer if a delivery date cannot be kept. Under such circumstance and in no event shall the seller become liable for direct , indirect and/or consequential damages that may be arising for customer, such as ,but not limited to, loss of sales and/or profits.
7. Unless anything has been agreed to the contrary, deliveries are deemed FOB China.
8. The time of delivery shall be extended in the following cases:
8.1 force majeure, i.e. in case of occurrences that are beyond the seller' reasonable control and/or not predictable even when applying reasonable due diligence. In such a circumstance, the seller ' obligations under the Contract shall be postponed and Customer shall not be entitled to claim for loss and damages under any title. Should the force majeure event last longer than 3 months, either party may at its convenience rescind the Contract whereby neither party shall be entitled to claim for loss and damage from the other party;
8.2 default of the Customer under any clause of the Contract, in particular if payments are past due.