Terms of Sale

Who these terms are with

These terms apply to quotations issued by, and orders accepted by, Shaanxi Fortex Technology Co., Ltd. (Fortex), an enterprise registered in Xi’an, Shaanxi Province, People’s Republic of China, with principal office at Room 12421, Floor 24, Unit 1, Building 3, Vientiane Li, China Resources Land, Sanqiao New Street, Fengdong New Town, Xixian New Area, Shaanxi Province, China.

Quotations

A quotation is an invitation to order, not a binding offer, unless it says otherwise on its face. Every quotation states the Incoterm, the named place, the currency and its validity period. Prices outside that period are re-quoted rather than assumed.

Specification

The specification is what the accepted drawing, grade and standard say. Where a drawing and a written instruction disagree, we ask before we build. We do not substitute a grade, finish, coating or sub-supplier without your written agreement.

Tolerances

Unless the drawing states otherwise, machined parts are held to ISO 2768-m. Tighter classes are available and are priced separately. A tolerance we cannot hold is raised at quotation, not at inspection.

Inspection and acceptance

Goods are inspected before dispatch and ship with the documentation described on the quality page. Please inspect on arrival and raise any discrepancy in writing within 14 calendar days of delivery, referencing the shipment quotation number and including inspection photos or dimensional reports.

Delivery terms

Delivery is on the Incoterm stated on the order confirmation, interpreted under Incoterms 2020. Lead times run from the later of order confirmation, receipt of cleared payment where prepayment applies, and your approval of the first article or material sample.

Payment

Payment terms are specified on each quotation and proforma invoice. Standard terms for custom manufacturing orders are a 30% advance deposit upon order confirmation, with the 70% balance due prior to dispatch or against presentation of the Bill of Lading, payable via international bank telegraphic transfer (T/T). Official banking details are issued solely on signed corporate proforma invoices; any notification of changed banking instructions must be verified verbally with company management.

Tooling and intellectual property

You keep all rights in the drawings, models and specifications you supply. Fortex keeps rights in its own process know-how. Ownership of any tooling paid for as a separate line item is stated on the order confirmation.

Warranty

We warrant that goods conform to the accepted technical specifications and are free from defects in material and workmanship at delivery. The warranty period is 12 months from the date of receipt, excluding normal wear, improper installation, or unapproved alterations. In the event of a confirmed non-conformity, Fortex will, at its option, rework, replace the defective parts, or issue a credit refund.

Limitation of liability

To the maximum extent permitted by applicable law, Fortex’s total cumulative liability arising out of or related to any order, whether in contract, warranty, or tort, shall not exceed the net purchase amount actually paid by the buyer for the specific batch of goods giving rise to the claim. In no event shall Fortex be liable for indirect, incidental, special, or consequential damages, including loss of production, loss of revenue, or business interruption.

Export control and compliance

You confirm that the goods are not ordered for an end use or end user prohibited under applicable export control or sanctions law, and that you will not re-export them in breach of such law.

Governing law and disputes

These terms and all accepted orders shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of law principles. Any dispute arising out of or in connection with these terms shall first be resolved through friendly commercial negotiation. If no resolution is reached within 30 days, the dispute shall be submitted to the Xi’an Arbitration Commission for arbitration in accordance with its prevailing rules, or to the competent People’s Court with jurisdiction over Fortex’s registered address in Xi’an, Shaanxi, China.