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| The following terms and conditions govern all qualifications of prices of Tianyue Company products, services and materials, whether made pursuant to Internet, oral or written orders. |
1. TERMS AND CONDITIONS TO GOVERN
These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Tianyue Company unless made in writing and signed and approved by an officer or other authorized person at Tianyue Company. No modification of any of these terms shall be modified by Tianyue Company's shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained. |
2. ACCEPTANCE OF ORDERS
All orders are subject to written price verification by authorized Tianyue Company personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order. |
3. SUBSTITUTION -
Tianyue Company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Tianyue Company. |
4. PRICE
Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Tianyue Company. A price designated as firm for a specific period may be revoked by Tianyue Company if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by Tianyue Company. All prices and deliveries are F.O.B. shipping point. Tianyue Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations. |
5. TRANSPORTATION -
Unless otherwise provided, Tianyue Company shall use its judgment in determining carrier and routing. In either case, Tianyue Company shall not be liable for any delays or excessive transportation charges resulting from its selection. |
6. PACKING -
Unless otherwise provided, Tianyue Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer. |
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