• 1. Definitions

The following terms as used herein shall have meaning as stated:
"Seller" means Shenzhen USB Pioneer Technology Co., Ltd
"Buyer" means any person, firm, company or other organization who is the addressee of any Seller´s quotation
"Customer" means any person, firm, company or other organization who is the addressee of any Seller´s quotation
"Products" means the products, articles, services or other items which are the subject of any quotation acceptance of order or other communication issued by the Seller.
"Goods" means the products, articles, services or other items which are the subject of any quotation acceptance of order or other communication issued by the Seller.


Our Address:

4/F, Building East, BanTian Hi-Tech Industry Park, Bei Er Road, LongGang District, Shenzhen, Guangdong, China 518129

Our contact details:

Email: sales@usbpioneer.com

• 2. General:

All quotations are made and all orders are accepted by the Seller subject only to these Conditions of Sale and any terms set forth on the face hereof or in any attachment hereto, which shall prevail notwithstanding any other terms and conditions which the Buyer shall bring to the Seller´s notice. The placing of an order following any quotation or other indication of price and delivery shall not be binding on the Seller unless and until accepted by the Seller in writing. The Seller reserves the right to accept or refuse orders without ascribing any reason.

 

• 3. Products:

The Products shall conform to the applicable specifications in force at the date of order acceptance unless otherwise agreed by the Seller in writing.

 

• 4. Price:

1) Prices for the Products, howsoever given, are based on conditions ruling on the date of their giving and are subject to change. The effective price for any Product supplied under a contract between the Seller and Buyer arising from any Buyer´s order shall be that price confirmed by the Seller in his notification of acceptance or such order. The provisions of any quotation or order shall remain firm for thirty (30) days, from the date hereof, unless otherwise stated, and thereafter shall be subject to confirmation.
2) All prices are exclusive of value added tax which shall be payable by the Buyer to the Seller at the rate ruling at the applicable tax point.

 

• 5. Delivery:

1) Whilst the Seller will use its best endeavors to deliver the Products in accordance with the Buyer´s requirements, the Seller will not be liable for any consequences of late delivery howsoever caused.
2) The Seller may make partial delivery of any order or deliver any order by installments and these Conditions of Sale shall apply to each. Each delivery shall be deemed to be a separate contract
3) The Seller´s obligation to deliver any order shall be deemed fulfilled upon delivery ex-works the Seller´s premises. The Buyer shall be responsible for arranging any necessary transportation to the destination address and in-transit insurance. At the Buyer´s request the Seller agrees to arrange as the Buyer´s agent any necessary transportation at the Buyer´s expense; the provision of in-transit insurance shall remain the responsibility of the Buyer.

 

• 6. Cancellation:

The Buyer may not cancel any order or part of any order which is due for delivery within thirty (30) days. The Buyer may not be permitted to cancel an order where the Seller has already begun the process of customization and where the product has been rendered impossible to resell in the process. Any cancellation request will only be accepted by written notice provided the buyer pays to the Seller such amount of cancellation charges as the Seller shall notify in respect thereof.
Canceletion fee of 10% of the order value.

 

• 7. Payment:

1) Provided that the Buyer has produced references and securities which in the Sellers opinion are satisfactory then Settlement Terms will be net thirty (30) days from the date of delivery. In all other cases payments shall be made in advance upon submission by the Seller of a pro-forma invoice. All payments shall be made by the due date as a condition precedent to any future deliveries.
2) Failure by the Buyer to pay any invoice by its due date shall entitle the Seller to: a) at his option, to charge interest at the rate of 8% above the Bank of China base rate; b) to charge the Buyer with any costs incurred by the Seller in the course of collecting outstanding monies due to the Seller from the Buyer; the following charges for debt recovery can be applied by the Seller:

    * $40 for debts of less than $1,000
    * $70 for debts between $1,001 and $10,000
    * $100 for debts of more than $10,000

3) suspend any warranty or other support for the goods or any other goods supplied by the Seller to the Buyer, whether or not they have been paid for; and d) set off any amount owed by the Seller to the Buyer against any amount owed by the Buyer to the Seller on any account whatsoever.

4)Buyer is oblidged to cover all the banking transfer cost , if any. Seller may withold delivery of the order until such payment is done.

 

• 8. Acceptance:

Acceptance of each Product by the Buyer shall be deemed to have occurred conclusively fourteen (14) days after its delivery ex-works the Seller´s premises, unless the Buyer shall give written notice of rejection prior to expiry of the said period.

 

• 9. Warranty:

1) The Seller warrants that the Products shall be free from defects in material and workmanship arising under normal use and service for a period of one hundred and eighty (180) days from the date of supply and will use its reasonable endeavors to procure for the Buyer the benefit of any extended warranties provided to the Seller by the manufacturer of the Products.
2) The Seller´s liability under the said warranty shall be limited to the repair or replacement, at his option, of any part of the Products found to be defective within the Warranty Period and notified to the Seller within fourteen (14) days of its first discovery. Subject to the Seller confirming any defect as aforesaid, the Seller shall effect any necessary repair or replacement at no charge to the Buyer.
3) Upon notification of any defect as aforesaid, the Buyer shall request a Return Authorization. Upon receipt of the same from the Seller, the Buyer may return the defective item (with a failure report attached) to the Seller. Transportation costs incurred by either party in sending any Products or parts of the Products to the other under the said warranty shall be paid by the sending party in each case.
4) Products returned must be in the original packaging and in clean condition. Products returned otherwise will, at the Seller´s discretion, either be refused or a further additional fee charged to cover the additional costs involved. Products returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase.
5) The Seller´s obligation under the said warranty is contingent upon the proper use of the Products and the Seller shall have no obligation in respect of any Products modified without the Seller´s approval or which have been subjected to unusual physical or electrical stress. Repair or replacement of any Products by the Seller pursuant to the said warranty shall not extend the original Warranty Period of the subject Products or part of Products.

 

• 10. Exclusion of liability:

1) The Buyer is relying on his own skill and judgment in relation to the suitability and compatibility of the Products for his purposes and the Seller accepts no liability whatsoever for any knowledge he or his servants or agents may possess as to the purpose for which the Products are supplied.
2) Save as provided in Condition 9 above and in Section 12 of the Sale of Goods Act 1983, all conditions, warranties and liabilities whatsoever whether express or implied, statutory or otherwise, are hereby expressly excluded and the Seller shall be under no liability whatsoever for any loss or damage of whatsoever kind, howsoever caused or arising, including but without being limited to any direct or consequential loss or damage, lost profits, loss of use or other economic loss, provided that nothing herein contained shall be construed so as to exclude the liability of the Seller for negligence or willful default of himself, his servants or agents, in so far as the same results in death or personal injury.

 

• 11. Retention of Title:

The Products supplied remain our property until fulfillment of all claims against the Buyer which are due to us under the business relationship, whether they result from previous or subsequent deliveries, including interest and costs for possible legal pursuit. This applies even if individual claims or all claims by us are included in an open account and the balance has been struck and accepted. Retention of title also secures liabilities unilaterally established by the bankruptcy administrator in the course of fulfillment election.

Goods subject to retention of title may be resold by the Buyer to third parties or otherwise utilized in the normal course of business provided that the Buyer is not in default and no circumstances are evident which might mean that this would jeopardize our claims. In the case of resale, the Buyer is obliged in turn to reserve the right of retention of title against its customers until its claims are settled. To secure all our claims against the Buyer, all rights and claims resulting from utilization of the goods are hereby already assigned to us. On request by us, the Buyer is obliged to give us an appropriate assignment declaration. The Buyer is entitled to collect such receivables even after assignment. On receipt of payment of the said claims of the Buyer, the latter is obliged to use the payment receipt immediately to settle our claim in the amount already due. Our authority to collect the receivables ourselves is unaffected by this. We undertake, however, that we will not collect the receivables as long as the Buyer meets its payment obligations from the income received by it, it is not in default with payment and, in particular, no application has been made for the instigation of insolvency proceedings against the Buyer’s assets and stoppage of payments has not taken place. If this is the case, we are entitled to demand that the Buyer discloses to us the receivables assigned and the debtors on such receivables, provides all the information necessary for collection, hands over the related documents and notifies the debtors about the assignment.

If the realizable value of the securities existing for us exceeds the value of the secured receivables by more than 20%, we are obliged on request by the Buyer to release securities of our choice to this extent.

In the case of attachment or seizure of goods subject to retention of title or other disposals or attacks by third parties on our rights, the Buyer must promptly notify us and in agreement with us take all necessary action to avert the jeopardy. To the extent appropriate to protect the goods subject to retention of title, the Buyer must on request by us assign claims to us. The Buyer is obliged to compensate us for all damage and costs - including court costs and legal fees - incurred by us for intervention measures against third-party attachment.

The Buyer must ensure safe and proper keeping of objects to which we have title or joint title and must insure them at its own expense against theft, fire and other property damage.

We are entitled to demand that objects belonging to us are surrendered at any time and in particular to assert the rights of segregation or assignment of the claim for counter performance in insolvency proceedings if fulfillment of our claims by the Buyer is jeopardized, especially if insolvency proceedings are opened against its assets or its financial circumstances substantially deteriorate.

If, in a foreign country of destination, retention of title is ineffective or not effective to the intended extent, the Customer must on request cooperate in the provision of securities whose effect comes as close as possible to such retention of title.

 

• 12. Changes:

The Seller reserves the right without prior approval from or notice to the Buyer to make changes to the Products which do not affect physical or functional interchangeability or performances or are required for purposes of safety or to meet the Products´ specification.

 

• 13. Property and Risk:

1) Risk in the Products shall pass to the Buyer when the goods are delivered ex-works the Seller´s premises.
2) Notwithstanding delivery of and the passing of risk in the Goods and notwithstanding any other provisions of these Conditions, the Seller reserves the right of disposal of each item of the goods, and the property therein shall not pass to the Buyer, until the Seller has received in cash or cleared funds payment in full for such items and all other Goods supplied by the Seller to the Buyer and default interest and all other monies on any account whatsoever owed by the Buyer to the Seller.

 

• 14. Import Regulations:

12 Import Duty 12.1 If you order Products from our website for delivery outside the China, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

• 15. Termination:

If at any time the Buyer shall commit a breach of any obligation arising hereunder, or default in making any payment by the due date, or become insolvent, be subject to a petition in bankruptcy filed by or against him or be placed under the control of a receiver, liquidator or committee of creditors, or assign or attempt to assign this Agreement, then the Seller may, if he so elects, terminate any contract then subsisting by written notice. The Buyer shall have thirty (30) days to correct the default failing which termination shall take effect at the end of the thirty (30) day period. No forbearance or indulgence granted by the Seller to the Buyer shall in any way limit the rights of the Seller under these Conditions of Sale.

 

• 16. Data protection:

We are committed to protecting your privacy and we comply with the Data Protection laws applicable to business in the China. We do not disclose your personal information to third parties. We use your personal information to process orders and respond to queries or feedback. We may also use your details to contact you about special offers, new products or forthcoming events and, being a customer-focused organization, may also contact you to fully understand your business and your needs.

We monitor web statistics including site usage and search engine patterns to help us develop the design and layout of our website (this in no way affects your privacy).

 

• 17. Law:

These Terms and Conditions shall be subject to and construed under Chinese Law and the parties hereby submit to the exclusive jurisdiction of the Chinese courts for that purpose. If any provision is declared void or unenforceable by a court of competent jurisdiction with respect to particular circumstances, such provision shall remain in force and effect in all other circumstances. If any provision is declared entirely void and unenforceable by a court of competent jurisdiction all other provisions in these Terms and Conditions shall remain in full force and effect.