Terms & Conditions of Trade
Hemmick Services Ltd - General Terms & Conditions
These terms and conditions apply to the sale of goods or provision of any services by Hemmick Services Ltd, Hemmick Trading Ltd, Orange Pandar Ltd, Hemmick Web Publishing Ltd and China and Shanghai Sourcing Ltd made to the customer.
The scope of all services will be determined and agreed at the start of any assignment and a price shall be agreed in writing by both parties. The details of the service shall then be set out and agreed by both parties and these will form the definitive specification for the services to be undertaken. The price may only be changed, to reflect a change in the specification of the services by agreement of both parties acting reasonably.
Delivery dates and milestones are an integral part of the specification of the services agreed and the customer must make available such, personnel, facilities, equipment and goods as are required to allow us to undertake the services and failure to provide any of these which then cause delay will not give rise to a dispute or claim for delay.
Payment for services will become due on completion of the service and the issue of an invoice and payment shall be made within 30 days of the date of that invoice by bank transfer.
In the event of a dispute concerning the delivery of the services, both parties will endeavor to resolve the dispute acting reasonably, but in the event of failure to agree, both parties agree to submit to arbitration by a mutually acceptable third party and their costs will be paid by the party for whom the arbitrator has not found in favour.
Both parties will respect the confidentiality of the other party and will not store confidential information which may be provided after the service has been terminated or completed. Neither party will pass on the confidential information of the other party to a third party without the express consent of the other party.
At some stage of the project, either or both parties may wish to make a public announcement relating to the service and the content of the statement which may be in writing, video, email, contain photos, shall be agreed by both parties.
These Terms and Conditions shall be subject to the Law of England and jurisdiction of the English Courts.
Updated August 2022 Hemmick Services Ltd
You Can email us on Info@hemmick.com
You can telephone and leave a message on 07802 688205
You can write to us at: The Office, Tregenna, Callington Road, Liskeard, PL14 3HB Cornwall
We regret we have no facilities to receive personal callers or visitors
1. Terms & Conditions - - China & Shanghai Sourcing
In these Terms and Conditions of Sale, China & Shanghai Sourcing, a partnership of Hemmick Services Ltd and Thousand Value Ltd and Bolnar Ltd, and which term includes all subsidiary and associated companies and agents, is referred to as CHINASOURCING and you are referred to as the Customer. The factory manufacturing the Goods supplied by CHINASOURCING is referred to as the Supplier.All sales made by CHINASOURCING to the Customer are transacted in US Dollars and payment is to be made in US Dollars to a designated CHINASOURCING account as agreed when an Order is accepted by CHINASOURCING.All prices are normally quoted on an FOB basis unless expressly stated.Once an Order has been accepted by CHINASOURCING the Customer may not cancel the Order and remains liable to make full payment to CHINASOURCING whether or not the Customer takes delivery of the Goods. If the Customer has to cancel an Order through extenuating circumstances CHINASOURCING will at its absolute discretion make every effort to reduce the costs payable by the Customer.The Customer accepts responsibility for payment of any and all import duty which may be levied by his Customs and Excise Agency (Customs & Excise) and indemnifies CHINASOURCING against any claim for payment of VAT, Duty,<br> storage or interest made by his Customs & Excise Agency against<br> CHINASOURCING in respect of any Order.</li><li>CHINASOURCING makes no absolute representation in respect of the level of<br> Duty payable on any goods sold to the Customer, and any indication of the<br> applicable Tariff Code or level of duty payable is for guidance only and shall not<br> be construed as a ruling by the Customerâ€™s Customs & Excise Agency.</li><li>CHINASOURCING will source suppliers who will use the drawing and written<br> specifications supplied as the definitive reference against which to manufacture<br> the goods. Any sample supplied will be used as a guide to visual and cosmetic<br> specifications. If CHINASOURCING discover that the dimensions of the sample<br> differs in any respect to the drawings and written specifications supplied by the<br> Customer and CHINASOURCING identify this before manufacture<br> CHINASOURCING will draw the attention of this to the Customer and require<br> the Customer to amend and re-issue the drawings and specifications if required.<br> CHINASOURCING do not undertake to identify all and every such nonconformance<br> between drawings, written specifications and samples. The<br> Customer is wholly responsible for all issues of design and fitness for purpose of<br> the goods including the specified materials.</li><li>In the event that CHINASOURCING or a Supplier are requested to reverse<br> engineer goods from a sample they shall prepare drawings and specifications,<br> including material specifications, which shall then be reviewed and approved in<br> all respects by the Customer who shall then re-issue the drawings and<br> specifications as their own. The Customer is wholly responsible for all issues of<br> design and fitness for purpose of the goods including the specified materials.</li><li>CHINASOURCING will make every effort to ensure that all Goods supplied<br> conform with each and all specifications issued to and accepted by<br> CHINASOURCING at the time of order and are manufactured to the quality and<br> performance specified or reasonably expected by the Customer and that the<br> correct Order quantity is supplied. CHINASOURCING will inspect or arrange to<br> be inspected all Goods before shipment using AQL statistical inspection<br> procedures, General Level, and will not in the normal course of supply inspect<br> 100% unless at their discretion or the specific request of the Customer which may<br> incur an additional charge at standard rates.</li><li>CHINASOURCING nor the Supplier does not warrant 100% conformance with<br> specifications issued by the Customer for all parts within a batch of Goods, but<br> will procure a direct warranty for the benefit of the Customer from the Supplier<br> covering conformity with specification, finish, fitness for purpose, merchantability<br> and quality and correct order quantity to plus or minus 5% in accordance with the<br> Customers specification and Order and will aid and assist the Customer in<br> exercising such warranty, including obtaining a credit for any shortage against<br> Order quantity, save insofar that any warranty is limited to the value of the Goods<br> plus carriage by sea freight and at the discretion of CHINASOURCING or the<br> Supplier shall extend to the replacement of the Goods without unnecessary delay<br> by sea freight or return to the factory for rectification by sea freight at the<br> Supplierâ€™s cost.</li><li>No additional warranties are offered by CHINASOURCING on any goods<br> supplied in respect of the fitness for purpose, life cycle, quality, or conformance<br> with safety requirements, other than those expressly agreed in writing when an<br> Order is placed or any statutory warranties to which the Customer is entitled.</li><li>CHINASOURCING will not be responsible for, and will not be liable to pay<br> compensation for any consequential losses, howsoever caused, resulting from any<br> deficiency or non-conformance in the Goods, shortages against Order quantities,<br> or from shipping and delivery delays.</li><li>CHINASOURCING shall not be held responsible and will not be liable to pay<br> compensation whatsoever for any delay in delivery caused by Shippers, Freight<br> Forwarders or Customs and Excise.</li><li>CHINASOURCING will keep the Customer informed of the progress of<br> manufacture and shipping of each Order and shall make every effort to ensure that<br> the Supplier adheres to the delivery date agreed when the Order is accepted by<br> CHINASOURCING.</li><li>CHINASOURCING will procure that its Suppliers, agents, associates and<br> representatives shall take every reasonable measure to ensure that the Customer<br> receives the very best possible service at every stage of the supply chain from<br> receipt of Order to delivery of Goods.
These Terms and Conditions shall be construed in accordance with English Law.
CHINASOURCINGTC1 Revision 6