1. Definitions
The Seller is E-Mold Rapid Manufacturing Limited (E-Mold) registered in China.
The Buyer is the customer of the goods and services.
The Contract means the contract between the seller and the buyer for the sale and purchase of the Goods in accordance with these conditions. A contract will be deemed to be established once the buyer accepts the contract by providing the seller with an authorized purchase order.
2. Ruling Conditions
All contracts of sale are made by the Seller subject to these conditions and any printed conditions on the Buyer’s order form or other documents shall not apply unless and to the extent only that they shall have been expressly accepted by the Seller in writing.
These conditions can be varied or added to or suspended only by agreement in writing between the parties or by typed or written amendment on the face of this document or some attachment to this document.
3. Quotations
Quotations will be prepared from the information in the seller’ possession. A quote is only valid for the exact data provided for the quotation. When further information is given after the date of quotation or when this information is found to be inaccurate, the seller reserves the right to requote the price and delivery.
All quoted prices are based on the buyer providing the Seller with good 3D CAD model and detailed 2D drawings. Important small features should be highlighted to the Seller at the quotation stage for feasibility analysis by our technical team.
Any change to the 3D CAD model will require an updated quote.
Prices quoted are Ex-Works unless otherwise stated. Prices quoted do not include VAT which will be added at time of invoicing.
The seller reserves the right to revise the price in the event of an increase in the cost of materials and labor during progress of work.
Lead time starts from Design for Manufacturing (DFM) confirmation.
4. Goods and Tooling/Molds
Unless documented otherwise, rapid tooling and goods used to produce BUYER’s parts will be stored for a period of 18 month following the last molding order from BUYER. Rapid tooling and goods may be stored for a long period if requested in writing by BUYER, however standard storage fees may apply. At the end of 18th month storage period and maximum storage life of 5 years, rapid tooling and goods will then be destroyed and disposed of without notice to protect E-Mold and BUYER confidentiality.
Unless documented otherwise, E-MOLD shall not be responsible for any loss or damage to the BUYER’s goods and tooling, however caused (including fire, explosion, accident, negligence, error, defective workmanship and any acts or omissions etc.) whether or not caused in fulfillment of contract.
Whilst in E-MOLD’s possession or that of the sub-contractor or in transit, all BUYER’s goods and tooling are all at the BUYER’s risk in all respects.
5. Price and Payment
All new BUYER for molding shall pre-pay 100% up front, payment shall be made upon issuance of a purchase order by the BUYER, unless otherwise agreed upon.
For tooling project, terms for payment will be 50% deposit due at project start. Balance to be paid upon approval of tooling sample, sample confirmation will be assumed as the acceptance of the tools by the BUYER, the ownership of the tools will be transferred to the BUYER once E-MOLD get paid fully. The quantity of sample supplied for tooling confirmation is based on the actual situation and can varied from 5pcs to 10pcs or such other quantities as agreed by both parties.
If no feedback regarding to quality or other technical issues related to the tools manufactured received within 30 days after latest sample shipment, or the BUYER gives instruction for proceeding manufacturing of molding, it would assumed as sample has been approved and the tool is accepted by the BUYER, and the balance 50% is deemed as payment due.
50% deposit to be received within 5 days of kick-off date or project will be placed on hold without notice. BUYER is required to pay in full of all delinquent invoices prior to shipment of any sample or finished goods.
6. Delivery
Whilst E-Mold will do it’s best to meet the delivery date requested by the Buyer, if for any unforeseen reasons, delivery is delayed, E-Mold will keep the Buyer duly informed, but will not be liable for any loss, costs, damages or expenses (direct, indirect or consequential) suffered by the Buyer as a result of a delayed delivery, unless specific terms are agreed for a specific project, duly agreed and signed by both parties.
7. General Liability
E-Mold undertakes to provide the goods and/or services in conformity with the drawings, or other instructions and specifications submitted by the buyer or prepared by E-Mold for the buyer and approved by buyer. The specifications are solely the responsibility of the buyer.
E-Mold is not liable for any failing in the goods and services due to any shortcomings in the specifications. Work resulting from alterations in design or specification will be the subject of an additional charge.
E-Mold shall not be liable for, but not limited to, loss of property, loss of revenue, cost of capital or claims, service interruptions, or any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, any goods to be provided hereunder if such failure or delay is caused by acts of God, fire, storm, strikes, blackouts, labor difficulties, riots, inability to obtain materials, equipment, labor or transportation, governmental restrictions, serious public health nuisance or any similar cause over which E-Mold has no control.
