1. APPLICABILITY
1.1 These General Terms and Conditions of Sale and Delivery apply to all offers, quotations, deliveries and services of Kong Jih Valve Industrial Co., Ltd. (hereinafter referred to as ‘KJV’) and to all agreements contracted by KJV. KJV’s counterparty is hereinafter referred to as ‘the Customer’.
1.2 Any other general terms and conditions, including any terms and conditions in use by the Customer, do not apply unless expressly agreed otherwise in writing. In the event of a conflict with any applicable terms and conditions of the Customer, these General Terms and Conditions of KJV shall prevail.
1.3 Derogations from these Terms and Conditions are binding only if and in as far as these are expressly agreed in writing. The Customer can derive no rights for future transactions from any agreed derogations.
1.4 For the purposes of these Terms and Conditions, ‘in writing’ means by letter, by fax or electronically.
1.5 If these Terms and Conditions are also drafted in a language other than English, the English text is decisive in the event of any differences.
1.6 All disputes which may arise shall be settled by negotiations in the courts of Taiwan Taichung. English shall be the language of court proceedings.
2. PRICE and Delivery
2.1 Unless expressly stated otherwise in writing, the prices quoted are denominated in US dollars and are exclusive of VAT, import duties and other taxes, levies or duties. Prices are based on Ex Works, Taichung, Taiwan (EXW, Incoterms® 2020) unless stated otherwise in writing.
2.2 All prices quoted by KJV are based on the current monetary conditions, labor costs, procurement prices, duties, taxes and other levies, subsidies and the like applying at the time of the contracting of the relevant agreement. If one or more of these cost factors increase after the contracting of the agreement, but before the products or services in question are delivered, KJV has the right to charge every reasonable price increase on to the Customer.
3. Warranty
KJV warrants that all Products shall be delivered to Customer free from all liens, encumbrances and other title defects. KJV warrants, to Customer only, that the Products will be free from defects in material and workmanship during the twelve (12) months immediately following Customer’s receipt thereof (“Warranty Period”). This Warranty shall not apply to defects caused by disasters such as fire, flood, wind and lightening, or by the actions or inactions of any party other than KJV resulting in : (i) improper storage, installation, use or maintenance of the Products, (ii) unauthorized modifications of the Products, (iii) any other abuse or misuse of the Products. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, ARE EXCLUDED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.