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Ordering Information and Conditions of Sale
| The whole text of our general conditions of sale forms an integral of our orders and of any sales agreement conclude. Unless otherwise stipulated, the purchaser is considered as being acquainted with these conditions and as having agreed to all the clauses of them.
Any waiver or modification of these clauses will not be valid unless it has been made in writing and agreed by both parties.
How to order
Orders may be placed with Customer Service at TFC by phone, fax, Internet, or mail. When placing an order please specify the following:
1. Purchase order number
2. Catalogue number, product description and quantity required
3. Name and delivery address
4. Invoice address (if different from above)
5. Telephone and fax number of person to contact if necessary
All orders are subject to acceptance by TFC.
TFC reserves the right to notify you within 3 working days after receipt of an order if an order cannot be accepted.
TFC reserves the right to make partial shipments, and, if the occasion should arise, to allocate available goods amongst its customers.
If the products need to be delivered in special shipments, please contact us for further information.
When an order concerns a pre-tested product that has been reserved, the reservation number in addition to the lot number must be noted on the order form in order to prevent any error. If this information is not provided when placing an order, TFC cannot be held responsible for goods delivered of an inappropriate lot number. TFC reserves the right to modify products and prices without prior notification. Prices quoted include Chinese VAT.
Certificates of Analysis
Certificates of analysis are sent on request.
Damaged Goods
Once your shipments are released to the carrier, you become the owner of the goods. If goods are damaged in shipment, it is your responsibility to make a claim directly with the carrier. Most carriers have limited liability unless freight insurance has been requested separately. Upon receipt of damaged goods, immediately make a record of noticeable damage on the delivery receipt. Ask the delivery person to sign the delivery note and contact the carriers central office concerning the damage. For shipments containing hidden damage, contact the carrier directly, and retain all packaging materials for their inspection.
All TFC's products must be used only in accordance with labels on the products and any enclosed documentation. Labels and other product literature may contain restrictions or warnings. Customers should comply with all of these restrictions. If a customer wishes to use a product for a use other than that described on the label, the customer must qualify the product for such use, including compliance with all applicable laws and regulations. TFC does not authorize and will not be liable for any such use.
Product Hazards
Products should only be handled and used by personnel trained in proper operating procedures. Some products may contain, although certain biologic or chemical hazard may be identified on labels or in product literature, hazards associated with those product may not be known or fully detectable. The absence of an express warning does not mean that a hazard may not exist. Always use proper operating procedures when handling or using any of our products. Ensure that they are stored and transported in accordance with instructions given and other appropriate procedures.
ISO 9002 Certified Production
Our manufacturing and distribution facility in China is an ISO9002 certified facility. These certifications were achieved as part of our Total Quality Improvement Process intended to supply our customers with qualified products and service.
Payment Conditions
Unless otherwise agreed, 30% of total amount is asked as prepayment before the goods are shipped. The rest of the invoices are payable 30 days from the invoice date. We strongly suggest you provide us a LC. Non-payment or overdue payment of all or part of an invoice rightfully entitles the seller, without any formal notice being required:
- To demand payment for all the other invoices, even those not overdue
- To increase the overdue amount by 15% as a fixed an irreducible penalty clause, with the ensuing sum, however, not being less than USD$50
- To claim interest of 12% per year on the overdue payment until the amount has been fully paid.
Delivery
All deliveries are carried out according to the Best Method Principle, using our recommendation carrier, unless an alternative agreement has been arranged with the customer.
Any order below 150$ will be charged a handling fee of USD$15. We would kindly ask you as our valued customer to consider consolidating small orders to reduce costs and to help us protect our environment by reducing the volume of packaging we currently use.
We are release from our delivery commitment if any case of force majeure should occur, i.e. any event independent of the supplier's will or partly beyond the supplier's control, such as will excuse the supplier from performing his part of a contract. Labor disputes, supplier's delay in delivery, wars, fires, natural disasters, display ban decreed by a government authority, events affecting means of transport, organizational problems within the company (shortage of personnel on account of illness, machine breakdown, etc.) are considered, in particular as force majeure. The seller shall not have to prove the unpredictability or the irresistible force or compulsion of the event, which prevented him from performing all part of the contract.
Repayment or Exchange
Prior to returning any goods, please contact Customer Service. Returns are only accepted when accompanied with a valid back-transmission number.
Please send authorized returns to the following address:
Customer Service of Triomphe Fine Chemistry Co., Ltd
Rm2406, Ziguang Tower
341 Rue Business-city, Pudong Shanghai
200120 China
The back-transmission number must be visible on the outside packaging close to the address label. Please also write the back-transmission number on the delivery note.
Liability for damage and remuneration
TFC guarantees that delivered products comply with their appropriate specifications contained in either the catalogue or product literature accompanying the product whichever is most current. The warranty is the exclusive warranty; TFC makes no other warranty, express or implied, including any warranty of merchantability or fitness for use. TFC will, at its option and as the exclusive remedy for defective products, either repair, replace, credit or refund the cost of any product which does not comply with the above express warranty, provided that TFC has the right, at its option, to inspect and test the product to confirm non-compliance and the remedy is not excludes for one of the reasons described in the following paragraph. TFC shall not be liable for any other remedy or damages, including special, indirect, incidental, consequential, or exemplary damages (including, but not limited to lost profit)
The guarantee (remedy) shall not be available with respect to any product sold if:
- The Product was damaged in shipment or improperly stored or handled.
- The product has been misused or contrary to any label instructions provided by TFC or normal use restrictions for product of this type.
- The customer fails to notify TFC within 5 working days after it discovers that the product is defective, fails to comply with any reasonable instructions provided by TFC, and in all events, fails to notify TFC prior to the expiration of the applicable shelf life of the product as stated on the label affixed to the product.
- The party claiming any remedy is other than the original purchaser
- The product has been modified or customized after shipment from TFC
- TFC does not warrant that the resale, possession or use of the product (or its use with other products or in any process) will not infringe the patent or other intellectual property rights of any third party.
Sales and Technical Support
TFC has an outside sale force based on Paris,and Mumbai and dedicated to serving the customer. Our sales force is trained in the technical aspects of the products in order to fully service all customers. If you require support from either our Product Specialists to sales representatives, please do not hesitate to contact us.
No.2, 7 etage, 122, Avenue de la Repubilique
75011, Paris, FRANCE
Should one or more of the above clause of these terms and conditions prove to be totally or partially invalid, this will not have an effect on the validity of the other clauses contained herein.
To our knowledge, all information mentioned in this pricelist was correct at the time of printing. We cannot be held responsible for any printing errors.
All our contracts are subject exclusively to Chinese law. The courts of the district of Shanghai entertain sole jurisdiction.
TFC retains the right to discontinue product without notice.
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