Applies to all customers buying product from IndustBox.
Product Selection and Suitability
Most products offered by IndustBox are obtained from multiple supply sources, located throughout the PRC and internationally. Many Nations and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes. While IndustBox attempts to assure that its Products (“Product”) comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. IndustBox makes every reasonable attempt to ensure the quality of these supply sources and the Products they offer. As these Products are dynamic and versatile, IndustBox shall not be responsible for how Products are used or installed and the Product's conformance to local or regional codes or regulations. Review the Product materials and application, and relevant code, regulations or ordinances, to be certain that the Product, its installation, and use will satisfy these requirements. In no event will IndustBox be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication or misuse of a Product.
Limited Warranty
IndustBox warrants, for a period of 60 days after delivery, that all Products delivered to you ("Purchaser") hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications. Such warranty only extends to Purchaser. Purchaser shall inspect Products within a reasonable time after receipt, and shall promptly notify IndustBox of any claimed defect or nonconformity. Any Products determined to be defective in material or workmanship must be returned, with an invoice and/or certifications to IndustBox or authorized location, shipping costs to be prepaid by Purchaser, within the 60 days warranty period. Correction shall be made or replacement Products shall be delivered by IndustBox, unless prevented by conditions not subject to IndustBox's control. This warranty shall not be applicable in the event of the misapplication or misuse of the Product by Purchaser. IndustBox makes no warranties to those defined as consumers in any low or Act. the foregoing warranties are in place of all other warranties, express or implied and industbox expressly disclaims any other warranties, including warranties of merchantability and fitness for a particular purpose.
no warranty, express or implied, is made by industbox, other than what is provided in the above warranty section. industbox disclaims any liability for product defect claims that are due to the misuse, improper selection or misapplication of the product.
Limitation of Liability
in no event will either party be liable for any special, indirect, incidental, consequential or exemplary damages in connection with or arising out of this agreement, including, but not limited to, damages for injuries to persons or to property or loss of profits or loss of future business or reputation, whether based on tort or breach of contract or other basis, even if it has been advised of the possibility of such damages. in no event will industbox's liability for purchaser's direct damages exceed the purchase price of the product.
Cancellation and Returns
IndustBox must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products (not in the catalogue) may not be canceled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 60 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 60 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 60 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to IndustBox or as otherwise designated by IndustBox, and must be in resalable condition.
Published Product Information
IndustBox reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the Products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. IndustBox reserves the right to revise catalog information at any time, without notice, and IndustBox will not be responsible for any pricing errors contained therein. industbox makes no warranties, express or implied, concerning the accuracy or completeness of the information contained in its catalogs.
Electronic Commerce
IndustBox and Purchaser agree to be bound by transactions performed through IndustBox's e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail, such transactions will be subject to the Terms of Purchase. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, not withstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between IndustBox and Purchaser concerning electronic data interchange.
Force Majeure
IndustBox will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of Product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
Governing Law
The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the PRC, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within 60 days after the cause of action occurs. The provisions of the PRC’s civil procedure law shall apply, with no application of laws or regulations or rules form other countries.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party.
The relationship between IndustBox and Purchaser shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not affect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of IndustBox.
Dispute Resolution
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the China International Economic and Trade Arbitration Commission (CIETAC) and judgment will be binding on both parties. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in Shanghai city and the arbitrator(s) will be bound by the applicable law of the PRC.