TERMS AND CONDITIONS​

1.0 APPLICABILITY

1.1 The universal terms and policies of sales and deliveries apply to all products purchased by a customer of Shenzhen Zhiyou Packaging Industry Co., Ltd. These terms and policies reserve the rights between the clients and the company and are applicable even when Zhiyou Packaging involved a third party for delivery of the products.

1.2 Zhiyou Packaging shall not accept any terms and policies designed by the customers except those which they have agreed upon in writing. Zhiyou Packaging is not responsible for different terms and policies attached to any purchased product. Zhiyou Packaging considers such to be null and void.

1.3 Zhiyou Packaging has the rights to change the Terms and Policies whenever they want. Amended Terms and Policies will valid 90 days after informing the customers.

2.0 PURCHASE ORDERS AND ORDERING

2.1 Zhiyou Packaging reserves the right to revoke any non-binding quotations before the purchase is made or before they accept a purchase order from the customer unless the company states differently in writing.

2.2 The customer is required to write down a purchase order to cover every single shipment of services or products. It is the responsibility of the customer to check the completion and accuracy of the purchase order. It is the responsibility of the customer to purchase products in accord to these Terms and Policies. After Zhiyou Packaging accepts the purchase order, the order becomes binding between the two parties and neither of these parties has the power to revoke, reschedule or cancel the order without written consent from the other party. Zhiyou Packaging and the customer are not within the power to irrationally delay or withhold the written consent.

2.3 Customers must be aware that the models, drawings, samples, dimensions and figures including any other products and services specifications are just close estimates. However, Zhiyou Packaging will put enough effort to ensure they give product specifications with high accuracy level.

3.0 PRICES

3.1 Prices set on services and products can change any time, and Zhiyou Packaging always has the power to change the price list, documents, printed matter, documents, and brochures. The company may upsurge product prices because of; (a) rise in factory prices, fluctuations of the foreign exchange rate, raw materials, and freight rate. (b) When clients request a change in the order of purchase (c).unclear instructions from the customer or when the customer gives Zhiyou Packaging inaccurate information about the ordered product or service. In the event of an increase in product or service price Zhiyou Packaging shall inform the customer at least 3 days before the date of delivery.

3.2 All the fees and prices are in United States dollars. If in any other currency, it must be stated by Zhiyou Packaging in writing. Clients are responsible for the exchange rate risks unless agreed in written form.

4.0 DELIVERY AND RISK OF LOSS

4.1 Unless otherwise agreed in writing, delivery of purchased goods are made from Zhiyou Packaging warehouse, and the products get ferried at the risk and expense of the customer. The goods are to be insured against damage or loss by Zhiyou Packaging but only if Zhiyou Packaging accepts the customer’s requests. Otherwise, the expense will be covered by the customer.

4.2 The dates set for delivery are not accurate, and the delivery time is not of importance. If Zhiyou Packaging fails to deliver purchased products within the agreed date (a) it is not within the powers of the customer to reject or terminate the order unless delivery delays by more than (3) days from the agreed date. (b). Zhiyou Packaging has the power to make partial deliveries. However, if part of delivery delays more than 3 days, both the client and Zhiyou Packaging have the right to terminate the order. (c) Zhiyou Packaging shall not be held accountable for the delay in delivery caused by unavoidable circumstances or failure of the client to provide accurate shipping instructions and information such as location and address.

4.3 The client must be available to accept product delivery during typical working hours failure to which they shall be expected to pay all arising costs such as freight and storage chargd based on Zhiyou Packaging’s rates or the local charges. If the stored deliverables get damaged or lost, the customer shall bear the risk.

4.4 The customer has the power to request Zhiyou Packaging to modify the purchase order in writing within the first (10) business days before delivery. However, Zhiyou Packaging has the power to decide whether or not to modify the purchase order. If accepted, Zhiyou Packaging shall communicate with the customer in writing. If the modification includes size, quality, and quantity, Zhiyou Packaging is entitled to increase or reduce price according to their Terms and Policies.

5.0 RETURNS

5.1 Immediately the customer receives the products, they must inspect the products for faults and non-conformance with the purchase order and inform Zhiyou Packaging in writing within (7) days after delivery in case of non-conformity or defects. After the (7) days period are over, Zhiyou Packaging assumes the customer is satisfied with the deliverables. After acceptance, the customer is not within the powers to revoke the products for any reasons whatsoever.

5.2 Nonetheless, if the defect is hidden, the customer shall be given a (2) months ultimatum to report the defects to Zhiyou Packaging. However, if the goods have already been put to use, Zhiyou Packaging shall not be liable nor do these claims entitle the customer to delay with payments.

5.3 The customer is not entitled to reject the complete delivery because of defects in the part of the delivery.

5.4 In the event of an error, shortage, non-conformance or defect in the purchase order, the customer shall allow Zhiyou Packaging to inspect the alleged defects. Nonetheless, Zhiyou Packaging is not responsible for repairing or replacing any product if (a) the deliverables were handled or stored or processed improperly by the client. (b) If the client has not met all the requirements about the Terms and Policies. (c) If the deliverables have already been processed. Zhiyou Packaging will not accept any refund requests unless they have given prior approval.

5.5 THE ONLY REMEDY FOR ALLEGED FAULTY PRODUCTS IS REPAIR OR REPLACEMENT OF THE PRODUCTS OR PARTS OF THE PRODUCTS WITHOUT CHARGING THE CLIENT.

6.0 PROOFS

6.1 If the client is given proof for a product before production and shipment of the order, the client must inspect the proofs to ascertain they comply with their request by checking for typographical and printing errors and return the proof to Zhiyou Packaging. If the proofs don’t have any errors and comply according to the agreed specifications customer must return proofs without commenting further. However, if there is non-compliance in product specification, the customer should point out the required corrections in writing and send back to Zhiyou Packaging. Zhiyou Packaging will only provide the customer with new proofs if they comply with the Terms and Policies of Zhiyou Packaging. Unless Zhiyou Packaging has received proofs that are fully approved by the client, it will not start production or shipment of the product.

6.2 Both parties are entitled to cater for their expenses in connection to shipment of proofs to client or Zhiyou Packaging.

7.0 PERMITTED QUANTITIES AND DEVIATIONS

7.1 Zhiyou Packaging will expect the customer to give specifications of the number of units of products or services including the minimum weight of a product. If the purchase order does not contain the required minimum, Zhiyou Packaging shall adjust the purchase order and send it back for customer approval.

7.2 If a customer needs to adjust the dimensions and quantity of the ordered products from the already submitted purchase order, they shall communicate with Zhiyou Packaging in writing before shipment, and the customer shall settle all related costs.

7.3 The measurement of the products delivered by Zhiyou Packaging shall be in conformance with the dimensions given by Zhiyou Packaging and deliverables may not be rejected due to errors in dimensions of the products as long as the products fall within acceptable deviation limits as explained below:

7.3.1. The standard length or width of the delivered product including cannot be more than 5% of the quoted width or length of the ordered product considering the permitted deviancy cannot exceed 1 cm.

7.3.1. The quoted height or the average thickness of the delivered product cannot be more than 10%.

7.4 Clients are expected to understand that deviance in the number of units of ordered deliverables may happen during the printing and production course. The client shall not reject products with small deviations as long as they fall within the acceptable deviance limits,It’s generally in the plus or minus 10% range.

7.5 There is no assurance that Zhiyou packaging will deliver the exact color of the ordered product. Color deviation resulting from the materials used and the printing process is not a reason for rejection of the product by the customer.

8.0 FORCE MAJEURE

Zhiyou packaging won’t be responsible for failure or delay to perform any of its responsibilities under the stated Terms and Policies caused by uncontrollable events which include but are not limited to riots, war, extreme weather and prohibition of trade or imports. Zhiyou packaging is to inform client earlier in writing in case of such Force Majeure Events and will take logical steps to overcome such occurrences.

9.0 INTELLECTUAL PROPERTY

9.1 All rights to intellectual property including copyrights, models, designs, patents, trademarks know-how and any other commercial or proprietary rights and trade secret rights, documentation, tools related to the services or products including modifications wholly owned by Zhiyou packaging or its licensors. Customers have no access to rights or transfer unless explicitly stated in writing. The latter is applicable even where the products have been developed, designed or compiled for the client.

9.2 Customer or a third party is not permitted to make any modifications or repairs to Zhiyou packaging products unless explicitly stated in writing.

9.3 Customer does not have the right to attach any trademark on Zhiyou packaging products or to scrape off a copyright trademark or to use the trademark in any other way, or to register the trademark under their names. Specifically, no customer has the rights to register any patent involving, based upon or for any other services or products.

9.4 In the event that customer has knowledge of any third party trying to infringe any copyrights, they are obliged to report to Zhiyou packaging and to take all the possible steps necessary to prevent the infringement, and customer is expected to fully cooperate with investigators on behalf of Zhiyou packaging in relation to customer compliance with the agreed restrictions of use.

10.0 CONFIDENTIAL INFORMATION

10.1 Confidential information means:

(a) the Terms and Policies between customers and Zhiyou packaging.

(b) Any non-public, confidential or proprietary information relating to a disclosing party, whether or not technical in nature, including any information that is designated by the disclosing party as confidential information,to be confidential or proprietary Notwithstanding the foregoing confidential Information does not include information which: (a) is in the public domain at the time of disclosure or becomes available thereafter without restrict to the public, (b) is lawfully in possession of the receiving party at the time of disclosure by the disclosing party and not otherwise subject to the restriction on disclosure. (c) is approved for disclosure by prior written authorization of the disclosing party Or. (d) is developed independently and separately by either party without use of the disclosing party’s Confidential Information.

10.2 Both Customers and Zhiyou packaging agree that privacy of information between them will protect the information propagated by either party and will protect the privacy of the shared information just as each of them would respect their confidential information. Neither Zhiyou packaging nor client should copy, sell or distribute the shared data to a third party without their consent, which consent shall only be withheld or granted with the sole discretion of either party.

10.3 Zhiyou packaging and its Customers will not allow its employees or the third party to gain access to the shared confidential information and will only grant them access after binding the third party and their employees on the same confidentiality level as stated in the Terms and policies.

10.4 The receiving party is obligated to return all the received confidential information to the disclosing party immediately they receive a receipt of a written request or destroy the confidential information upon request from the disclosing party.

11.0 PAYMENT

11.1 The customer is obligated to complete full payment as stated in the customer’s invoice within the agreed payment date. The stated amount on the invoice will be due in case customer suspends or terminates all or a portion of their business activities, run bankrupt, admits their inability to settle the payment. Insolvent or involuntary or voluntary filing of petition, for or adjudication of bankruptcy of Customer under any federal, state or municipal bankruptcy or insolvency act, the appointment of a receiver, trust party, keeper, or liquidator, or any action comprise a general assignment by Customer, for the benefit of creditors on its properties and interest.

11.2 If payments are not settled according to the agreement outlined in this article, a 15% contractual interest per month shall apply or rate as high as permitted by the law with effect from the first day after the payment terms expire. Monthly interests shall apply even in parts of a month as they are considered full months. Any payments made by the customer shall first be used to set off the accumulated interest.

11.3 In the event that Zhiyou packaging is convinced that the customer’s financial position and payment performance are vindicated delayed or late payments, Zhiyou packaging shall determine the form in which the customer will furnish security or pay in advance. In case the client is not able to furnish the agreed security, Zhiyou packaging will be forced to terminate all other forms of agreements instantaneously and whatever amount is owed to Zhiyou packaging by the client shall become due and payable within the shortest time possible.

11.4 The customer is obligated to settle all the amounts incurred by Zhiyou packaging without any limitations, reasonable attorney’s fee, collection agency fee, and arbitration cost.

12.0 CUSTOMER MATERIALS

12.1 The print works, manuscripts, plates, image carriers, originals, lithos (customer materials) acquired by Zhiyou packaging from clients will automatically become the property of Zhiyou packaging and will be retained with the customer knowledge for at least 24 months from the date of order termination. The acquired materials shall be disposed of or destroyed after completion of the 24 months if the customer fails to return the materials.

12.2 All materials acquired by Zhiyou packaging from the customer shall remain the property of Zhiyou packaging and cannot be transferred to any third party upon request from the customer.

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