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Berononwovens - Terms & Conditions of purchase

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Berononwovens

贝乐(清远)非织布有限公司
BERO (QINGYUAN) NONWOVENS CO.,LTD
广东省清远市高新技术开发区500511
Zone 3, Baijia Industry Garden,
High-Tech Development Zone, Qingyuan
Guangdong Province, P.R.CHINA
PC: 511500


TEL: 0086 763 3485598
FAX: 0086 763 3485156


contact@berononwovens.com


Terms & Conditions of purchase

Shipment terms – Except for an explicit clause to the contrary, all goods travel on risk and danger of the buyer, even if we pay for the transport costs.

Orders, whether made directly or via our agents, will not be considered as binding unless they are accepted and confirmed by us. Our agents or brokers have no power to bind us. All our offers are without any obligation for us and are merely informative. Any order following such an offer, will not be binding unless confirmed by us.

“Force majeure” – Any case of “force majeure” shall result in the suspension of the delivery period and shall not confer any right to the customer in respect of dissolution of the contract or in respect of indemnity.
Interruption in the supply of raw materials, strike, lock out and fire shall always be considered to be “force majeure”.

Deliveries – All delivery periods are approximate. Late delivery shall never confer a right of dissolution of the contract or in respect of indemnity. Assortments are to be specified so that they enable us to execute the orders within the foreseen delivery periods.

The conformity of the execution of our obligations is guaranteed allowing us the usual tolerance.

Complaints and returns – Complaints for apparent defects and or lack of conformity are null and void if they are not made in writing and by registered mail to our registered address within 8 days of receipt of the goods, or if the merchandise has been subject to any handling. Complaints for hidden faults are null and void if they are not made within 2 months after they became apparent ( conventional determination of the short period during which the buyer has to act). Liability for hidden defects is in any case limited to a period of 1 year from the date of delivery.
In no case shall our liability extend further than the invoiced value. We reserve the right to replace legitimately rejected merchandise or to reimburse the invoiced value, to our choice.
Our liability is expressly excluded whenever the damages are caused not only by a possible defect in our product, but also due to any fault of the victim, or the fault of any person, for whom the victim is responsible.
The performance characteristics and specifications of these products can only be guaranteed in their state of delivery. Any type of transformation or treatment can change the product and its behaviour. Therefore all product liability is denied when the product is transformed in any way or by any means.
No merchandise may be returned to us without our previous permission and according to our instructions. This permission implies no admission or liability whatsoever. Any return shall be effected in the original condition.
In case of damages or short deliveries, the addressee must take all precautions to preserve his claim on the
forwarder, e.g. by making the usual complaints and reservations in time according to the rules of transport. The re-seller must transmit the present warranty-conditions to his customers.

Payment – Unless otherwise agreed, all invoices are payable net 30 days after date of invoice at our registered address.
Any amount remaining unpaid on the due date shall, automatically and without notice of default, attract interest at 10%.
If any amount remains wholly or partially unpaid on its due date, and there is no valid reason, the outstanding balance shall be increased by 12%. The amount of this increase shall not be less than 150 €, and shall not exceed 1800 €, even though an extension of credit may have been agreed and without prejudice to the application of the above mentioned interest.
The title in the goods shall pass to the Buyer only when payment in full has been received by the Seller for all goods whatsoever supplied ( and all services rendered ) at any time by the Seller to the Buyer. The Buyer shall permit the servants or agents of the Seller to enter on to the Buyer’s premises and repossess the goods at any time prior thereto.
As long as payment has not been effected the Buyer cannot sell, pledge or offer goods as guarantee or collateral security.
Should the goods ( or any of them ) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Seller and the Seller shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the Buyer hereby indemnifies the Seller in relation thereto.
In the case of non-payment at the due date and upon demand, the Buyer must return forthwith to the Seller all merchandise unpaid for.
In case of non-payment at the due date, the buyer is obliged at our first request to return the goods that have not been resold. In such case any advances are acquired by us to cover possible losses at resale.
If we have issued terms of payment or if the buyer has accepted bills of exchange, the full amount of any contract whatever is demandable automatically and without legal summons if any instalment payment is not respected or if any bill is not paid on its due date.
Bills of exchange or accepted securities involve no renunciation of these conditions nor novation.

Suspension and dissolution of the contract / Explit dissolution condition – If the Buyer fails to carry out his obligations in this or another contract (e.g.payment ), we shall have the right automatically and without legal summons, either to suspend our obligation or to consider the contracts dissolved. A letter sent by registered mail by us to the buyer shall be evidence of our exercise of this right.
If in our opinion there is a deterioration in the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, we reserve the right to ask the buyer to provide such guarantees as we may deem proper to ensure the full performance by the buyer of his engagements under the contract. Such request may be made before or after delivery of all or of part of the order. Should the buyer fail to meet any reasonable demand for such a guarantee, we shall have the right to suspend our obligations wholly or partly or even to cancel all or part of any contracts in operation.
In all cases in which the contract and/or cancelled through the fault of the buyer, that partly commits itself to pay to us automatically and without notice of default, as indemnity, a default sum equal to 40% of the contract value.

Applicable law/Disputes – The present terms are applicable to all our contracts, to the exclusion of possible terms of our buyer. – The French law is applied with the exception of the retention of title clause. For this clause the law of the country of buyer’s domicile is available.