Terms & Conditions

general

terms and conditions for the sale of products

These Conditions apply to and govern all the sales of Products by HMS Group a company incorporated in Netherlands, under number 27279893, whose registered office is at Ditlaar 7, 1066 EE Amsterdam, Netherlands.

ACCEPTANCE, PRICE, WARRANTY,TAXES,INSPECTION

The acceptance of your order by HMS Group (“Seller”) is EXPRESSLY MADE CONDITIONAL UPON BUYER’S ASSENT TO THE TERMS AND CONDITIONS HEREIN SET FORTH and these constitute the only binding contract terms and conditions between the parties. Unless modified in writing and signed by both parties, your assent to the terms and conditions stated herein will be understood and delivery will be made accordingly.

PRICE & QUANTITY

Anything herein and any course of dealing between parties to the contrary notwithstanding. (1) Seller shall not be obligated to sell or delivery any quantity of the product(s) covered by this acknowledgement beyond the amount, if any, which in Seller’s sole judgment is available for such purposes at the date proposed shipment of such products(s) to the buyer. (2) Seller reserves the right to modify shipping point and/or schedule and shall not be liable for any failure to ship products as scheduled or from point of origin. (3) The price of any product(s) to be supplied hereunder shall be Seller’s price for such product(s) as of the date of shipment thereof, unless otherwise agreed in writing. (4) Seller reserves the right to set minimums and/or premiums or to reject orders for unusual configurations or amounts. (5) Overrun or underrun of 10% or less in filling orders shall constitute full compliance with all orders, although Buyer must pay for only the quantity actually delivered. (6) Any freight allowances shall be those specified by Seller as of the date of shipment thereof. (7) If payments are not made when due, or if Seller has reason to believe that Buyer has unsatisfactory financial responsibility, Seller may require cash in advance or other payment terms, suspend shipment or cancel this agreement. (8) If this account is given to an attorney for collection, or if suit is brought for collection, or if it is collected through probate, bankruptcy or other judicial proceeding, then buyer shall pay to HMS Group all costs of collection, including reasonable attorney’s fees and court costs, in addition to other amounts due.

lIMITED WARRANTY

HMS Group warrants that the product(s) will meet its written specifications and were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, and all other laws and regulations applicable to the product(s) and Seller’s sale of them under this agreement. Seller also warrants that it has good and free title to the product(s) and that the product(s) will not infringe any valid claim of any patent covering the materials themselves, but the Seller does not warrant against infringement by reason of the use of the materials in combination with other products or in the operation of any process. Seller may discontinue deliveries of any product(s), the manufacture, sale or use of which in its opinion would involve patent infringement. HMS Group makes NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT(S), WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS.

INSPECTION & NOTIFICATION

Buyer shall inspect and test the product(s) delivered hereunder for damage, defect or shortage immediately upon receipt at Buyer’s plant or such other location as determined by Buyer and provide Seller notice of any such damage, defect or shortage within Fifteen (15) days of receipt. [All claims for any cause whatsoever, whether based in contract, negligence or other tort, strict liability, breach of warranty or otherwise, shall be deemed waived unconditionally and absolutely unless Seller receives written notice of such claim not later than thirty (30) days after Buyer’s receipt of the product(s) as to which such claim is made.]

MISCELLANEOUS

No waiver by either party or any breach of other terms or conditions herein contained shall be construed as a waiver of any succeeding breach of the same or other terms and conditions. This agreement shall be construed and enforced under the laws of the exporting country. Cancellation and changes in orders can be accepted only if the order is not in actual production. This agreement consists only of the terms and conditions set forth herein. Any modifications must be in writing and signed by both parties.

VISITING

All visitors wanting to visit our warehouses(s) must make a booking deposit of 25% of the total value of the products to be purchased before we can schedule an appointment for them. This is to show a level of commitment from the buyer side because lately, visitors have been visiting our factory and taking pictures and videos of our production processes and warehouse and end up not giving the order meanwhile they use these pictures and videos for fraudulent purposes and this has greatly affected our companies reputation. Our board of directors implemented this policy and since then, we have only had serious and genuine buyers who place their orders. Also note that this 25% is fully refundable if you visit our company and the product doesn’t match specifications we earlier give you.
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