iTarget Sensors

iTarget Sensors

Products Category
Contact Us

Tel: +86 13925353379
Add: Ju Hao Yuan, No.88, 7th Boai Road, Shiqi, Zhongshan, China 528400

Terms and Conditions of Use

Terms and Conditions of Use

Quotations and Acceptance:
a. Quotations are valid for a period of sixty (60) days from date of quotation, and represent no obligation until iTarget Sensors Co. Ltd (hereafter iTarget) accepts the written Purchase order.
b. In the event of inconsistency between iTarget and the Purchaser's conditions, iTarget shall prevail. No variation of iTarget's conditions shall be binding upon iTarget unless and until the variation has been accepted in writing by a duly authorized person on behalf of iTarget.

Price and Delivery:
a. Unless otherwise agreed, Delivery will be F.O.B. Origin and goods will be packed to normal specification in non-returnable packaging. Transportation will be arranged at the request and at the expense of the Purchaser. Where applicable, COD charges will be added to the price of the goods.
b. Any delivery period quoted is an estimate only and commences from iTarget’s acknowledgment of the Purchaser's order. The sole remedy of Purchaser for failure of iTarget to deliver in a timely manner shall be for Purchaser to acquire the goods from another source, in which case said quantity shall be eliminated from this contract, and Purchaser shall have no claim against iTarget for damages.
d. Shortages, defective or damaged goods must be reported to iTarget within thirty (30) days of Delivery. All goods are shipped at Purchaser's risk and claims for goods damaged or lost in transit should be filed by the consignee direct with the transportation company.
e. All returned materials must have a Returned Materials Authorization (RMA) number issued by iTarget. This authorization is valid for a period of 30 days. Returned materials for Quality Complaints will be evaluated by the quality department and a credit issued when the complaint is approved. Customer specific products may not be returned except for Quality Complaints or iTarget error.
f. For all Customer Specific Products, iTarget reserves the right for a shipping tolerance of 5% for each shipment and for the total order. Cancelation charges and/or inventory carrying costs may be imposed for products when orders are canceled or modified within eight weeks of the scheduled ship date.

Title and Risk of Loss:
a. Title will pass to the Purchaser only on receipt by iTarget of payment for the full invoice price of the goods.
b. Risk of loss shall pass to the Purchaser on leaving iTarget premises.

Payment:
a. Payment shall be due 30 days from date of invoice, subject to credit approval, except where iTarget stipulates T/T, CWO or COD terms. Payment shall not be withheld on account of any claim by the Purchaser against iTarget. iTarget reserves the right to charge interest at 1% per month on any sum outstanding after the due date.
b. iTarget reserves the right, among other remedies, either to cancel this contract or to suspend further deliveries under it in the event Buyer fails to pay for any one shipment when payment becomes due. Should Buyer's financial responsibility become unsatisfactory to iTarget, cash payments or satisfactory security may be required by iTarget.
c. Any tax, duty, custom, or other fee of any nature imposed upon this transaction by any federal, state, or local government authority shall be paid by the Purchaser, in addition to the price quoted or invoiced. In the event iTarget is required to prepay any such tax, Purchaser will reimburse iTarget.

Technical Assistance and Data:
iTarget may, at Purchaser's request, furnish technical assistance, advice and information with respect to the goods supplied under this Contract, if and to the extent that such assistance, advice and information is readily available, except for proprietary techniques or procedures. It is expressly agreed that there is no obligation to provide such information, and that the information is subject to the limitation of liability in paragraph 10 below. iTarget accepts no liability in contract, tort or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical data or literature.

Warranty:
a. iTarget warrants title to the product sold hereunder and that for a period of 1 year from Delivery it conforms to iTarget specifications and is free from defects in material and workmanship. If the product fails to meet said warranties, iTarget shall replace/repair the non-conforming product at no cost to Buyer. The foregoing is Buyer's sole and exclusive remedy for failure of iTarget to deliver or supply product that meets the foregoing warranties.
b. Purchaser warrants that the designs and specifications furnished by it to iTarget will not infringe any patent, trademark or copyright with respect to the manufacture and sale of the resulting products.

Tools:
Tools made for the manufacture of goods to be supplied under the contract and the copyright therein remain iTarget property notwithstanding that the Purchaser may have been debited with any sum in respect of their cost.

Excusable Delays:
No liability shall result from delay in performance or non-performance in whole or in part if performance as agreed has been made impracticable by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid, or by the occurrence of a contingency the non-occurrence of which was a basic assumption on which this contract was made, including, but not limited to, acts of God, fire, flood, accident, riot, war, sabotage, strike, labor trouble or shortage, or embargo. iTarget' inability to obtain at prices and on terms deemed by it to be practicable any required raw material, energy source, equipment, labor, or transportation, or any increased costs due to capital improvements for environmental protection shall also be sufficient to relieve iTarget of its obligation to perform hereunder. If any of such circumstances affect only a part of iTarget capacity to perform, iTarget shall have the right to allocate production and deliveries among all of its customers and its own requirements in a manner and at such times as iTarget may determine. Quantities affected by this paragraph may, at the option of either party, be eliminated from the contract without liability, but the contract shall remain otherwise unaffected.

Indemnification:
Buyer agrees to indemnify, defend and hold iTarget harmless from and against that portion of any liability, cost, expense (including reasonable attorneys' fees), claim, judgment, settlement or damage that iTarget may be required to pay to any third party (including, but not limited to, any employee of Buyer who alleges or proves that he or she has been injured in the course of his or her employment while working with the products supplied by the iTarget under this agreement), which is caused or contributed to by the negligence or fault of Buyer; or ii) results from the infringement of any patent, trademark or copyright related to the products (or designs and specifications therefore) supplied to Buyer hereunder. In case the Buyer resells the products supplied by the iTarget under this agreement, Buyer will request and if possible obtain from its purchaser an indemnification similar to the foregoing for the benefit of Buyer and iTarget.

Limitation of Liability:
iTarget shall not be liable on contract, tort or otherwise for any loss or damage suffered by the Purchaser whatsoever or howsoever arising out of or in connection with the supply of goods or services by iTarget other than to supply goods conforming to the original agreed specifications or at iTarget option to refund to the Purchaser any monies already paid in respect of the goods. iTarget liability with respect to this contract and the products purchased under it shall not exceed the purchase price of the portion of such product as to which liability arises and iTarget shall not be liable for any injury, loss or damage, resulting from the handling or use of the product shipped hereunder whether in manufacturing process or otherwise. In no event shall iTarget be liable for special, incidental or consequential damages, including, but not limited to, loss of profits, capital or business opportunity; downtime costs; or claims of customers of Buyer. Failure to give iTarget notice of any claim within 30 days of Delivery of the product concerned shall constitute a waiver of such claim by Buyer. Notwithstanding any applicable statute of limitations to the contrary, any action by Buyer relating to a claim hereunder must be instituted no later than two (2) years after the occurrence of the event upon which the claim is based. All of the foregoing limitations shall apply irrespective of whether Buyer's claim is based upon breach of contract, breach of warranty, negligence, strict liability, or any other legal theory.

Termination:
If the Purchaser commits any breach of the terms and conditions of the contract or suffers distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with his creditors or goes or is put into liquidation (other than solely for amalgamation or reconstruction while solvent) or if a receiver is appointed over any part of the Purchaser's business, iTarget may without prejudice to any rights which may have accrued or which may accrue to it terminate the contract summarily by notice in writing.