TERMS AND CONDITIONS
TERMS AND CONDITIONS
Buyer should carefully read the following terms and conditions. Buyer’s purchase or use of our products implies
that you have read and accepted these terms and conditions
1. Seller's quotations are for informational purposes only. The prices quoted are for acceptance within 30 days
unless otherwise extended in writing by Seller. All orders for goods received from Buyer are accepted by
Seller only upon acknowledgment by the corporate office of Hopeful Rubber Mfg. Co., Ltd. (“Seller”) and
until so acknowledged are not binding on Seller. Buyer and Seller agree that, unless otherwise expressly
agreed in a writing signed by both parties, any acknowledged purchase orders and subsequent sales of
Seller’s products are made under these terms and conditions, and that Seller shall not be bound by Buyer’s
Terms and Conditions.
2. Photocopies, facsimile transmissions and electronic mail of documents and quotations shall be effective as
3. Due to current manufacturing and economic conditions, all orders are acknowledged with the understanding
that prices, surcharges, and other fees are subject to change without advance notice and, together with any
taxes applying at the time of shipment. Any sales, use, or excise tax levied by any government authority on
or applicable to material sold shall be added to the invoice price of the material sold. Contract price may
also be increased by Seller at anytime to reflect the fluctuations in the price of raw materials, components,
power, wages or any other items contributing to the costs of manufacturing the goods.
4. No order and process of production is subject to cancellation. Any cancelled orders or items will have a 1%
cancellation charges with a minimum HKD1, 000.00 per cancelled orders or items at a time. In additions,
buyer shall indemnify the Seller in full against all lost (including loss of profit), cost (including the cost of
labor and material prepared or used.), damages, charges and expensed incurred by the Seller as a result of
cancellation. Any deferment or change in specifications of the order have to prior written and consent by
Seller. Failure of Seller to insist on performance of any of the terms and conditions or requirements of this
order shall not be construed as a waiver of such terms, conditions or requirements, and shall not affect the
right of Seller thereafter to enforce each and every term, condition or requirement.
5. Unless otherwise specified in writing, price of the mold or fixtures listed on the Seller’s quotation is based on
production carry out at Seller facilities. Ex-factory mold or fixture need to be re-quoted. And 50% tooling
deposit shall be paid before start; balance payment should be settled after samples approval or no later than
90 days after samples submitted (whichever is sooner). Seller reserve the right not disclosing the Mold
structure in no matter 2D or 3D format. Buyer will be informed by Seller when a mold is not being
manufacturing for three years or over; buyer may either pay the maintenance fee or return the mold at
re-quoted mold price. The lifetime of the mold shall be around 100,000 shots unless otherwise specified by
Seller in writing submitted to Buyer. Cost of changing date code of the mold is on Seller expenses.
6. Payment terms shall be Cash on Delivery or T/T in advance unless otherwise specified by Seller in writing
submitted to Buyer. Buyer shall pay interest on the invoice amount, or any outstanding portion thereof, at the
rate of 1.50% per month (18% per annum) or any portion of a month, from and after the due date of the
invoice. Buyer’s account is referred for collection for any reason, Buyer agrees to pay any collection agency
fee, attorneys’ fees, collection expenses, or any other cost incurred by Seller, including any appeal, in the
enforcement of Buyer’s obligation, whether or not suit is commenced.
7. Seller warrants that all goods shall be manufactured in accordance with the drawing description or buyer’s
approved samples. Seller grants Buyer a warranty for a period of 30 days from the receipt date of the Buyer.
Seller is not responsible for any defects arising from or in any way connected with specifications or designs
supplied by Buyer. Buyer and seller expressly agree that the foregoing warranty is exclusive and in lieu of
all other warranties and representations, whether written, oral, implied, or statutory and that no other
warranty or representation of any kind, expressed or implied, including any warranty or representation of
merchantability, fitness for particular purpose, infringement or as to any other matter with respect to the
items has been made. Any claim for defects in specifications must be made by buyer in writing and in
sufficient detail within 30 days after the receipt of the goods. Failure to provide such detailed written notice to
seller shall act as a waiver and a bar to all remedies of buyer; seller will not accept return of any goods
except upon seller’s written prior authorization.
8. Buyer’s sole and exclusive remedy and the Seller’s total liability for any and all losses and damages arising
out of any causes shall be limited to replacement of proved to be defective, F.O.B the seller’s place of
business in Hong Kong. or at the sole option of Seller to refund of the purchase price of the defective goods,
which shall in no event exceed the purchase price of the defective goods. In no event shall Seller be liable
hereunder for (A) any loss of profits or other economic loss of whatever nature, or any indirect, special,
consequential, incidental or other similar damages arising out of any claim of whatever nature relating to this
agreement or to any obligations, acts, events, or occurrences pursuant to, preliminary to or incidental to this
agreement, or (B) any liabilities of customer to third parties resulting from any failure of Seller to perform as
required under the terms of this agreement.
9. Delivery shall be made to the Buyer FOB Seller’s plant if not specified on Seller’s quotation. Seller reserves
the right to make shipment in partial unless otherwise specified. Each shipment in partial fulfillment of an
order shall be deemed a separate and independent contract. If the Buyer fails to fulfill the terms of payment
of any invoice or if the financial responsibility of the Buyer shall become impaired or unsatisfactory to Seller,
Seller reserves the right to change the terms of payment, and/or lay off buyer’s all production, and/or defer
or discontinue further shipments, without prejudice to any other lawful remedy, until past due payments are
made and satisfactory assurances of Buyer’s credit standing are received.
10. Buyer have to accept and paid for the overruns and underruns goods not to exceed five percent of the
11. Estimates as to time of delivery are based on conditions prevailing at the date of the quotations. Deliveries
estimates are subject to review based upon conditions at the date of order and apply from the date of order
receipt of full manufacturing detail at Seller’s factory.
12. Delays in filling of orders or delivery as a result of force majeure or other circumstances included but not
limited to war, hazards, strikes, fires, accidents, or other causes beyond Seller’s control shall not result in
Seller’s liability to Buyer or to any other person, if appropriate action and notification have been taken by
13. Goods are made to Buyer’s specifications, Buyer warrants that no valid patent has been or will be infringed
by said specifications covered by this quotation or sales order acknowledgment, and Buyer agrees to defend
any suit brought against Seller by reason of any such infringement and agrees to indemnify, save, and hold
Seller harmless against any and all costs, expenses, or damages incurred by reason of any suits or claims
for such infringement.
14. Any complaints regarding shortages, damages, delays or loss must be forwarded to Seller in written form
within 14 days from the receipt of the goods,
15. Disclosure of Seller’s “Confidential information” (“Confidential information” shall means data, know-how, trade
secrets, patents, specification, material formulations, product concepts and any other information related to
Seller’s business including, without limitation , operational and financial information, and disclosed to the
Buyer in written, graphic, drawing or machine readable form) are prohibited.
16. Sellers quotations and sales order acknowledgments along with the terms and conditions of any order
submitted by Buyer shall be construed in accordance with the laws of the Hong Kong Special Administrative
Region of the People’s Republic of China to the exclusion of any other.