TERMS AND CONDITIONS
CONDITIONS OF SALE
- (a) Unless the contract documents contain an express indication to the contrary we act in all respects as the agent of the seller, as such our obligation to a buyer shall be to communicate his order to the seller and no more;
(b) Goods are supplied subject to the conditions of sale of the seller or in the absence of such conditions and to the extent that the context admits, to the following conditions;
(c) Orders placed with us as the agent of the seller are subject to acceptance by the seller;
(d) The following conditions of sale apply where we act as principals.
LIMITATION OF LIABILITY
2. (a) We shall not be liable for any loss or damage whatsoever arising from failure by us to perform the contract, whether wholly or in part, which is caused by:
(i) default by our suppliers, or
(ii) material shortage, production delay any cause whatsoever beyond our control.
(b) Our liability whether in contract or in tort shall in all cases be limited to the amount of the invoice to which the claim relates.
(c) In no circumstances whatsoever shall we be liable for indirect or consequential loss or loss of profits.
DATES FOR DELIVERY
3. Dates for shipment or delivery of goods to be sold or delivered shall not be and must not be relied on or treated by the buyer as terms of contract unless they are specified as such in the contract documents. Where dates for shipment or delivery are so specified we shall not be under any absolute obligation to ship or deliver by the dates specified. Any contractual obligation on our part to ship or deliver as aforesaid shall not be a condition of the contract and accordingly, any breach of such obligation shall be and is to be treated as a breach of warranty only.
GOODS OFFERED EX-STOCK
4. When delivery of goods is offered ex-stock the offer is subject to the goods being available and unsold at the time of receipt by us of an order.
5. (a) The price referred to in the contract documents shall prevail unless before the date of despatch of goods or part thereof:
(i) in the case of goods included in any of our current price lists there is an increase in the list price for such goods above the list price therefore in force when the order was accepted or;
(ii) in the case of goods not included in any of our current price lists there is an increase in the list price for comparable goods above those in force when the order was accepted;
(iii) there is an increase in the landed price of goods which is attributable to the fluctuation of exchange rates.
In which case, the goods or the undelivered balance thereof shall be invoiced and paid for at the agreed price plus the amount of the relevant increase.
(b) All duties, charges, insurances and other expenses whatsoever of shipment or delivery shall be for the buyer’s account unless goods have been sold on free delivery terms. Any increase to us in the cost of shipment or delivery over the cost thereof calculated by us at the date of the contract shall be for the buyer’s account whether the goods are sold on free delivery terms or not.
RISK AND TITLE
6. (a) The risk in goods shall pass immediately they are delivered into the physical custody of the buyer his agents or his assigns, or they otherwise begin to be held to his order. We shall retain sole and absolute property in such goods as legal and beneficial owner until the buyer has paid the full invoice price and until that time the buyer shall be in possession of the goods as bailee for us and shall be deemed to have so acknowledged. Until the full invoice price has been paid the buyer shall store the goods separately from other goods and in a manner which makes them readily identifiable as goods delivered by us.
(b) The buyers right to possession of any goods for which the full invoice price has not been paid shall cease if, being an individual, he commits an available act of bankruptcy or, being a company, a receiver becomes entitled to take possession of any of its assets or any person becomes entitled to present a petition for its winding up or it is resolved that it be wound up. We shall be entitled in these events to enter at any time and with or without vehicles upon any premises of the buyer at which we reasonably believe such goods to be stored and to repossess them.
(c) The buyer shall be at liberty in the ordinary course of business to process and make products from and, as our agent, to sell goods for which the full invoice price has not been paid. The proceeds of any such sale shall be for our account and shall be held in trust for us to the extent of the full invoice price for the goods.
(d) In addition to any right of lien to which we may be entitled by operation of law we shall be entitled to a general lien on all goods of the buyer in our possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the buyer or for any other monies owing to us from the buyer.
BUYERS OBLIGATIONS IN REGARD TO DELIVERY
7. (a) Deliveries made under the contract shall be deemed to have been made in respect of separate sales of each weight description or quality of goods which each such delivery may comprise. Unless otherwise specifically agreed in writing payment for each delivery is due on the date thereof and payment on that date or upon the date(s) otherwise so agreed shall be a condition precedent to any further deliveries.
(b) Delivery of each installment of the goods must be accepted within five days of despatch of a delivery order or advice of arrival in default of which we shall be entitled to charge for storage. Failure of the buyer to accept delivery of goods within 5 days of despatch of a delivery order or advice of arrival shall entitle us to dispose of the goods by whatever means may appear expeditious, to treat the net proceeds (if any) of such disposal as part payment of any monies owing to us from the buyer and without prejudice to any of our other rights to claim the balance of the invoice price from the buyer.
(c) For the purposes of condition 7(a) above goods shall be deemed to be held to the order of the buyer from the moment of despatch of a delivery order or advice of arrival.
(d) The failure of the buyer to pay our invoice in full on the due date shall entitle the sellers to charge interest on the overdue account at a rate of 30% monthly interest, provided that the sellers shall not be entitled to recover interest under an invoice where a negotiable instrument which has been tendered in payment also carries interest.
LOSS OR DAMAGE
8. In the event of any loss or damage or delay to any goods delivered at our risk to the buyer or to his agent or otherwise to his order notice of the same shall be given to us in writing by the buyer forthwith upon delivery (or, in the case of the loss of any goods, at the time when the goods should have been delivered) and the buyer shall at the same time take all necessary steps to notify the carrier in writing of any such loss damage or delay and shall in all cases where possible enter a note of the same upon the carriers receipt. If by reason of the failure of the buyer to give any such notice we are precluded from making a recovery from the carrier in respect of the loss or damage or delay complained of then we shall not be liable for any claim by the buyer in respect thereof and the buyer shall be liable to pay for the goods as though no such loss damage or delay had occurred.
9. Any claim by the buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification or non or incorrect delivery shall (whether or not delivery is refused by the buyer) be notified to the seller within 3 days from the date of delivery. If delivery is not refused, and the buyer does not notify the seller accordingly, the buyer shall not be entitled to reject the goods and the seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
OTHER GENERAL CONDITION
10. Insurance of sold goods would be the responsibility of the customer. We reserve the right to charge an order cancellation fee. We accept no liability for any damages that may result from improper use. We shall not be liable for any loss due to late delivery in the event of unforeseen circumstances, our production delay or material shortage. All payment once paid are non-refundable. We are not responsible for any loss or damage during transit and any lost, held or damaged packages. All prices are correct at time of publishing but may change due to administrative errors or circumstances beyond our control, such as any change in cost or material shortage. In case of any dispute, we reserve the right of final decision.
11. (a) Orders are accepted subject to the incorporation in the contract of these conditions of sale and any special conditions of sale, which shall override and exclude any terms and conditions proposed by the buyer.
(b) Terms and conditions proposed by the buyer cannot be accepted by our staff without express written sanction; it is the buyer’s responsibility to ensure that such sanction has been given.
12. Where the context admits:
(i) the singular shall include the plural and vice versa;
(ii) the male gender shall include the female gender and vice versa;
(iii) the term ‘person’ shall include a corporate as well as an unincorporated person.
13. The validity construction and performance of the contract shall be governed by the laws of Hong Kong and both parties shall submit to the non-exclusive jurisdiction of the Courts of Hong Kong.
Uskymax International warrants to the original end user that its products are free from defects in materials and workmanship under the terms and conditions specified herein. Subject to the following conditions and restrictions, Uskymax International will, at its option, to repair or replace any part of the product that is proven to be defective due to improper workmanship or material. Repaired parts or replacement products will be provided by Uskymax International and will be new or recertified. All recertified products are tested to ensure that their functions are the same as the new products. Proof of purchase must be provided, which should show the original date and place of purchase as well as the product description and price.
This limited warranty does not cover any damage due to incorrect installation, accidents, abuse, misuse, natural disasters, insufficient or excessive power supply, abnormal mechanical or environmental conditions or any unauthorized disassembly, repair or modification. This limited warranty does not apply in the following cases: (i) the product was not used in accordance with any accompanying instructions, or (ii) the product was not used for its intended function.
This limited warranty also does not apply to products which the original identification information has been altered, obliterated or removed, incorrectly handled or packaged, sold second-hand or resold contrary to the applicable export regulations. This limited warranty only covers the repair and replacement of defective products. Uskymax International is not responsible for any form of damage or loss due to the loss, damage or corruption of content, data, or any cost associated with determining the source of system problems or removing, servicing or installing Uskymax International products. This warranty does not cover third-party software, connected devices or stored data. Uskymax International is not responsible for any actual or indirect losses caused by third-party software, connected devices or stored data. In case of any claim, Uskymax International’s sole and maximum obligation shall be to repair or replace the hardware at Uskymax International’s sole discretion.
Duration of Warranty
Memory modules – Product Lifetime Warranty
The memory module products are covered by warranty for the life of the product
(Remark: Product lifetime is defined as the normal time expectancy for the use of products in the industry. However, the lifetime warranty may be subject to definitions as set by different countries.)
Solid State Drives (SSD) – 3 Years Warranty
The above products are covered by warranty for a period of three years from the date of purchase by the original end-user customer.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING IS THE COMPLETE WARRANTY FOR USKYMAX INTERNATIONAL PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO USKYMAX INTERNATIONAL PRODUCTS AND USKYMAX INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE, PROVINCIAL OR LOCAL LAW INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE LIMITED TO THE PERIODS OF TIME SET FORTH ABOVE.
USKYMAX INTERNATIONAL PRODUCTS ARE NOT AUTHORISED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT EQUIPMENT OR FOR APPLICATIONS IN WHICH THE FAILURE OR MALFUNCTION OF THE PRODUCTS WOULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH IS LIKELY TO OCCUR. USKYMAX INTERNATIONAL SHALL NOT BE LIABLE FOR THE DEATH OF ANY PERSON OR ANY LOSS, INJURY OR DAMAGE TO PERSONS OR PROPERTY BY USE OF PRODUCTS USED IN APPLICATIONS INCLUDING, BUT NOT LIMITED TO, MILITARY OR MILITARY-RELATED EQUIPMENT, TRAFFIC CONTROL EQUIPMENT, DISASTER PREVENTION SYSTEMS AND MEDICAL OR MEDICAL-RELATED EQUIPMENT. USKYMAX INTERNATIONAL’S TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR OR REPLACEMENT. USKYMAX INTERNATIONAL SHALL NOT BE LIABLE TO THE PURCHASER OR END USER CUSTOMER OF AN USKYMAX INTERNATIONAL PRODUCT FOR ANY DAMAGES, EXPENSES, LOST DATA, LOST REVENUES, LOST SAVINGS, LOST PROFITS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THEUSKYMAX INTERNATIONAl PRODUCT, EVEN IF USKYMAX INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.