Zuljana logo

Terms of Services

General

The contract partner agrees an agreement to these Terms and conditions that govern the entirety of the business relationship. The entire business relationship, the General Terms and Conditions will be the solely applicable. The General Terms and Conditions are not recognized.

Conclusion of Contract

  • Any offers made by baobao-industries are not obligatory unless they are explicitly declared to be binding. They are especially dependent on baobao-industries supply in stock and the prior sale.
  • Contracts with baobao-industries will come from an order confirmation in writing or delivery of the products. Written form (e-mail or fax, and the like) will suffice to satisfy the requirement for writing.
  • Any errors made in the transmission of electronic or telephone calls will be detrimental to the person who used the device for communication (e.g. the person who made the call).
  • baobao-industries retains the right to use drawings, quotations, charts detailed descriptions of technical aspects and their explanations. They are not to be reproduced or made available to the notice of any third party without the written permission of baobao-industries.
  • In the process of making a registration, the user is required to give accurate details. If any of the details on the account are changed, such as the name, address or email address, telephone number, or bank account information and bank account details, the customer is on the obligation to inform the company of the change with out unnecessary delay. If the customer is unable to give the correct details, or if the customer provides false information at the beginning, baobao-industries has the right to terminate the contract and to demand damages. Resiliation must be made in writing. E-mails sent by email should also suffice to meet the requirement to write. The customer is responsible for ensuring that the e-mail address which the client has given is accessible at the time it is provided and that there is a possibility that they will receive email messages is not eliminated due to forwarding messages or the fact that the e-mail account has been shut down or is full.

Delivery

  • The delivery period will not begin until the documents such as approvals, release and other documents necessary to execute the agreement have been made available and not prior to the time that any agreed down payment made by the buyer has been made.
  • Unexpected obstacles in the delivery process (e.g. industrial action or baobao-industries being not provided in time) and for which the company is not responsible is a reason for baobao-industries to prolong the delivery time for the duration of the disruption, but only up to a maximum of 8 weeks.
  • Additionally, baobao-industries retains the option to cancel the transaction if, despite concluding an hedging contract that is congruent it is not itself provided with the funds, or has not been delivered on the time frame.

Reservation

The products remain the possession of baobao-industries until the payment has been received in complete. The title reservation is extended to satisfy any claims that arise out of the business relationship. It can also be applied to any claims that may arise after the title has been transferred. The reserved items therefore act as security against the balance , from whence to. The customer transfers his rights that arise from any resale, which includes tax on value added, in addition to the payment of all rights, claims and rights used to secure the resale to baobao-industries in advance. In the event of a sale involving the customer’s personal or third party property, the assignment will be made only to the extent of the claim for purchase price by baobao-industries.
  • The purchaser is authorized to sell the item in the normal business. The customer is not permitted to offer the item for sale or give ownership of it by way of security. Baobao-industries must be informed prior to giving any right held by third parties that could affect the reserved items.
  • Any additional processing that is required of the goods delivered will, so in relation to baobao-industries be carried out as a refiner, without obligations arising for the use of baobao-industries. Particularly, this clause is not a mandate. The reservation of title will remain in the amended article in the manner described.
  • The purchaser shall be legally entitled to enforce debts that arise out of re-sales against other parties under his own name. The authorization to collect debts will expire when the customer becomes insolvent.
  • The customer must report any access of other parties who have access to reserved items, which includes assigned claims, to baobao-industries without delay. Any damages resulting from a violation of this obligation to inform, e.g. because of a late filing or the failure to file a third-party suit against enforcement, will be at the expense of the customer.
  • baobao-industries agrees it will release its security when the value of its realizable value is greater than the outstanding debts to baobao-industries by at least 10%.

Price

  • In dealings with non-merchants, baobao-industries will charge the price agreed upon, provided that the date of delivery is not longer than four months following the place of the order.
  • In dealings with merchants, baobao-industries will charge the most current price on the list. Same applies to dealings with non-merchants in the event that the date of delivery is more than four months from the date of placing the order. If there isn’t a pricing list, then the prices stated in ads at the moment shall be used.
  • In the event of a case falling under the provisions of, baobao-industries contractual partners that don’t constitute merchants will have the right to terminate their contract if they can prove that the market rate on the date of delivery exceeds an amount of greater than 20%.
  • Prices agreements between non-merchants also include value added tax. Price agreements with merchants don’t include tax on value added. Prices are subject to warehouse conditions and are not inclusive of the cost of packaging, transportation or insurance.
  • Prices are generally in US Dollar however, unless explicitly mentioned. For foreign transactions, the currency used is the one that was used in the negotiations for the contract.

Payment

  • The invoices must be paid following receipt of the product.
  • The amount must be paid via bank transfer.
  • A balance that is credited as part of an electronic direct debit or transfer process does not necessarily mean that the payment has been completed. Instead, the payment will be made only after the credit amount is irrevocable and final for the baobao-industries accounts. The retained right to title will continue to exist in total. This also applies to any payments made through cheque or bill of exchange.
  • Deductions are not allowed unless they are expressly approved by the baobao-industries. The parties agree that commercial practice contrary to this will not be permitted. Counterclaims are only offset when the claim is not disputed.
  • The amount of the payment will be first credited to all claims due in the order that they arise. The right of the contracting party to make unilateral demands regarding satisfaction, is not available for the entirety of the contractual relationship.
  • In the event that a debt arising under remains unpaid for five days following the date of occurrence of the default event, baobao-industries will be liable for default interest at the rate that is eight percent higher than the interest rate of base.
  • Default occurs when a dunning notice has been sent, but no later than the 30th day following the due date and the receipt of an invoice , or a similar demand for payment.
  • In spite of the provisions of baobao-industries may prove that the damage caused by default is greater. Likewise, the contracting partner could show that the loss incurred by default is less.
  • All claims made by baobao-industries will be due in full and any payment deferred is void if any of the following situations happens: The customer is in default on the fulfillment of an obligation when it is discovered that the bill of exchange or cheque is contested (irrespective of whether the protest is against a third party) or the customer ceases paying his bills, is insolvent, or proceedings against his assets are opened , or the initiation of the proceedings is denied due to a lack of assets.
  • BaoBao-Industries will be able to choose between the right to rescission, damages, or the right to pay in advance, or the offering of a suitable security. If not otherwise stipulated in a specific arrangement only a bank guarantee is considered to be a suitable security.

Bearing of Risk

  • No matter where the place that the contract is executed, the legal regulations regarding sales through delivery to a location different from the place that the service is performed must always apply to delivery made by baobao-industries. The contracting party is responsible for the risk upon handover to the appropriate carrier. Any carriage-paid delivery agreement in any particular case will not alter this.
  • Returns are made at the risk of the customer unless the buyer is exercising a legal warranty right due to the defect.

Warranty for Defects

  • The period of limitation for the statutory guarantee for defects in the quality is restricted by baobao-industries to the period of 2 up to five years based on the purchase.
  • Deliveries should be examined upon the delivery. Any apparent defects should be reported immediately. If there is a inability to fulfill this obligation, the warranty is void.
  • Any damage to packaging, or the products delivered should be reported and verified by the shipping company. Furthermore, any damage must be reported to baobao-industries. Damage that isn’t immediately evident must be reported to baobao-industries without excessive delay following the discovery.
  • Baobao-industries should be informed immediately after discovering in the event of a delay in delivery, late delivery, incorrect delivery, the delivery of too much or insufficient quantity or in a damaged delivery. The reference is made to the obligation to examine.
  • The damage that occurs during transport must be reported as described. For other damages, the following is applicable The manifest defects have to be reported within 7 days. Any hidden defects have to be disclosed within legal warranty period.
  • If the purchase are defective, baobao-industries may be entitled to an additional performance at the discretion of the customer, eliminating the defect or providing goods free of defects. baobao-industries may refuse to perform a subsequent service when it is associated with excessive expenses. Repairs must be carried out at the place of business of baobao-industries. Any service on site outside of this will only be performed by way of an additional agreement.
  • Any item that is to be returned should be appropriately packaged. Any damage to the shipment resulting from improper packaging should also be the responsibility of the consumer. It is only the packaging that was used will be considered to be proper packaging. baobao-industries will fulfill its obligation to return packaging after the expiration date of the warranty periods statutory.
  • If repair fails twice, or if baobao-industries denies further performance, the buyer can cancel the contract or reduce the cost of the purchase by making a written declaring to the baobao-industries (price decrease). There is no claim to compensation. In contrast for mainframe installations, the test duration is the sole determining factor. The right of repair granted by baobao-industries will be void only after the expiry of that period.

Extent of Liability

  • Baobao-industries will only be accountable for gross negligence. This is also applicable to responsibility of vicarious agents and any other aids.
  • Liability for normal negligence and in the limits permissible by law to the extent that it is permissible by law, for intermediary negligent is not covered. The same applies to responsibility of vicarious agents and other assisters.
  • The limitation above is applicable to the damages due to a defect, and consequential damages resulting from defects, regardless of the contractual, pre-contractual or non-contractual basis for the claim, as long as the body of the contract partner’s health, or life was not affected by the breach or it is not the breach of a significant contractual obligation.

Exclusion of Liability

In the event of a delay in receiving the consignment has to be immediately reported to baobao-industries in the two weeks after the issue of the invoice or having knowledge that the shipment was sent. If you fail to do so, the company will relieve it of any liability.

Place of Performance

The location of performance will be the registered office of baobao-industries.

Written Form

Any modifications and modifications (individual agreements) are to be done in written form.

Scope of Application

This General Terms and Condition are only applicable to entrepreneurs.

Baobao-industries

2/ F, Building B, Xinzhongtai Science and Technology Park, No. 8-1, Liantang Industrial City, Shangcun, Guangming New District, Guangming New District, Shenzhen

E-mail: sales@baobao-industries.com
phone: +86 755 23775660