TERMS OF SALE
KEMCORE STANDARD TERMS AND CONDITIONS
SALES POLICY FOR PRODUCTS
-Wholesale Bulk Only
KEMCORE sells its complete offering wholesale in bulk to business customers- End users and distributors.
“We/Us/Supplier” – Kemcore and/or its appointed sellers/exporters
“You/Costumer” – The purchaser/buyer
“Product/Material/Goods” – the chemical products and related materials to be purchased
“These Conditions” – These terms and conditions
“S/C” – Sales Contract or Sales Confirmation
“L/C” - Letter of Credit
“FOB” – Free on Board
“CFR” – Cost and Freight
“CIF” –Cost Insurance Freight
2. PRICE AND CURRENCY
Unless otherwise specified in relevant Sales Contract, all prices are net and exclusive of Value Added Tax or any similar tax, import customs duties/tariffs, etc outside China. We accept payment in currencies of USD.
3. PRICE TERMS
Any price indications or price lists are subject to alteration in accordance with the price ruling as at that date of delivery. Market sensitive commodity products will be priced according to current market conditions. Unless otherwise specified in relevant S/C, all the prices terms adopted are subject to the definitions and practice of INCOTERMS 2000. Any quotation provided by Kemcore is firm only if you place a corresponding order within the time specified on the quote or, if no time period is mentioned, within 7 days.
Shipment will be made promptly even if prices have been nominally increased. Price changes will be automatically applied to your invoice. Notwithstanding any price quotation or prices listed by Kemcore, if at any time prior to delivery Kemcore’s costs of materials have increased by 5% or more, then Kemcore may cancel any accepted but undelivered orders or condition the continuance of any order on your agreement to a corresponding increase in price.
We aim to offer competitive prices on all of our chemicals. Doing business with Kemcore.com is very rewarding on a lot of levels. You can relax and enjoy the experience, which isn’t something that can be said of many experiences in importing chemicals from China. Of course, you want to know that you’re getting a good deal. So, with that in mind we’ll generally match any prices that you might find at competitor sites or trader. Rest assured that we’re working in good faith to ensure you’re pleased with your purchase. For a product to be price matched, it must meet the following criteria:
- The product must be the same product, i.e. the same quality and specification.
- The product must be available, i.e. in stock, at the competitor at the time you want to purchase.
- The product must be supplied by a Chinese manufacturing company, i.e. not from a trader or distributor company due to their unreliable quality. Read our case studies here.
- Where we match a competitor's price we will take the competitor’s shipping cost into account to work out the total price incase of CIF.
- We will match only against the formal quotation price offered by the competitor.
- Price matches can be made only at the time of purchase.
To take advantage of our Price Pledge
- By speaking to one of our agents on +852 3478 7314. They will check that the match is valid and complete the transaction for you.
- Simply provide evidence of the lower price. This can be, for example, an official quotation.
If you want to price match any item that meets these criteria please contact Customer Service on +852 3478 7314
4. ORDER APPROVAL
No order shall be binding on us unless and until the customer receives from us by mail or fax an S/C or a written acknowledgment accepting the order. All changes relating to specifications, quantities or delivery or other terms requested by the customer after we have sent our written S/C or acknowledgment form for the original order to the customer are subject to approval by us, and, if changes are approved, all prices and delivery terms relating to the original order shall be subject to adjustment by us.
Unless otherwise stated in writing by an authorized person from us, we only accept payment by T/T in advance and irrevocable, transferable, documentary letter of credit (L/C) at sight. The L/C should be opened according to our GUIDELINES FOR LETTER OF CREDIT, which is to be faxed or emailed by us when signing the S/C. An order less than USD50, 000.00 should be paid by T/T 15 days before shipment. We reserve the right at any time to revoke any credit and / or accommodation extended to the customer because of the customer's failure to pay for any goods when due or for any other reason deemed good and sufficient by us.
As a practice, we cover All Risks for the insured goods only. Additional risks premium, if required, should be borne by buyers unless otherwise agreed. The Insured Value is 110% of our full invoice value only. If the buyers require the Insured Value to be covered higher than this level, the extra premium should be borne by the buyer. We can effect insurance for the buyers on FOB, CFR or CIF price terms with a premium rate of 0.5%, which should be remitted to our account before shipment.
7. REPRESENTATIONS AND FITNESS FOR PURPOSE
Except as expressly provided to the contrary in the Contract, all representations, warranties, guarantees and implied terms or conditions in relation to the Goods (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
The Customer agrees that if it is aware (or should be aware) that the Goods, the subject of an Order, are for a particular purpose (including, but not limited to, use as a component part ofanother product) or are required to possess special or uniform characteristics, the Customerwill clearly specify that purpose or those characteristics in any such Order. The Customeragreesthat, unless expressly agreed by the Supplier in writing, it has made its own enquiriesinrelation to the suitability of the Goods and does not rely on representations by the Supplier inrelation to theirsuitability for a particular purpose or any steps that may need to be taken inrelation to their use.
8. PRODUCTS QUALITY / QUANTITY AND DISCREPANCY CLAIM
Products have been manufactured or developed by third parties according to specifications stipulated in the relevant order or S/C. The Costumer accepts that we are acting only as a supplier and that it is the costumer’s responsibility to verify that the products will be suitable for its or it’s costumers’ own requirements. There are no warranties, conditions, guarantees or representations as to description merchantability or fitness for a particular purpose. In case of quality discrepancy, the buyer should file a claim within 20 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the buyer within 15 days after the arrival of the goods at port of destination.
All sales will be delivered FOB portKemcore's shipping point unless otherwise noted. If shipping and handling charges are quoted or invoiced, they will include charges in addition to actual freight costs. Delivery of Products to the carrier at Kemcore’s shipping point shall constitute delivery to you and you shall bear all risk of loss or damage in transit.
We undertake to try our best to make shipment with reasonable care within shipment/delivery time stipulated in the relevant order or S/C except under the circumstances of Clause 9.FORCE MAJEURE, but reserve the right to make delivery in partial shipments, unless otherwise expressly stipulated in a separate writing signed by us. Delay in delivery of any partial shipment shall not relieve the customer of its obligation to accept remaining deliveries. No order shall be cancellable by the customer for delays in delivery or other causes until 20 days after written notice of such intention shall have been actually received by us, and the customer shall be obligated to accept any goods shipped or delivered by us during such period.
10. FORCE MAJEURE
The Supplier is not liable for failure to perform its obligations under the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the Supplier because of circumstances outside the Supplier’s control, failure of the Supplier’s machinery, or failure of a supplier to the Supplier, provided that the Supplier gives notice to the Customer of the delay and uses reasonable efforts to remedy the cause of the delay quickly.
All disputes in connection with the relevant contract or the execution thereof, shall be settled amicably by negotiation. a. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause.
b. The appointing authority shall be the Hong Kong International Arbitration Centre.
c. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC).
d. Any such arbitration shall be administered by the HKIAC in accordance with its 'Procedures for Arbitration' in force at the date of this contract including such additions to the UNCITRAL Arbitration Rules as are therein contained.
e. The language(s) to be used in the arbitral proceedings shall be English.
12. INTELLECTUAL PROPERTY
The customer agrees and acknowledges that it is not acquiring any ownership or other interest of any kind whatsoever in any of our or our factories' trademarks, trade names, patents, know-how, unpatented inventions, trade secrets, common law rights in any of the foregoing, all documentation and source codes or any other intellectual property of any kind whatsoever.