Ninestar is engaged in the business of providing digital watches and earbuds to its customers. These Terms and Conditions (the “Terms”) are incorporated into any purchase order (“Order”) executed by Ninestar and the Customer and shall be deemed accepted by Seller's commencement of performance, provision of services, shipment of products (“Services” and “Products”), or other indication of agreement, whichever occurs first, and shall constitute acceptance of this Order and all of its terms and conditions.
1. Price
All prices published by Seller or quoted by Seller's representatives may be changed at any time without notice. All prices quoted by Seller or Seller's representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements, or other terms or conditions which are not part of Seller's original price quotation.
2. Specifications
Product specifications are subject to change without prior notice. Please refer to the specific product page for the most up-to-date information.
3. Payment Terms
Seller may invoice Customer upon shipment for the price and all other charges payable by Customer in accordance with the terms herein. If no payment terms are stated on the face of the Order, payment shall be net thirty days from the date of invoice. If Customer fails to pay any amounts when due, Customer shall pay Seller interest thereon at a periodic rate of one and one-half percent per month, together with all costs and expenses incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder.
4. Taxes and Other Charges
Prices do not include applicable taxes or other charges such as duties, customs, tariffs, imposts, and government-imposed surcharges. Customer is responsible for all such charges, fees, and taxes.
5. Product and Service Warranties and Limitation of Liability
(a)Ninestar warrants to Customer that all products provided to Customer pursuant to this agreement will meet the manufacturer's specifications for a term equal to the warranty period stated in the Product manufacturer's literature or sixty days, whichever is longer.
(i) If any Product or service warranted hereunder proves defective or non-conforming, Ninestar's sole liability and Customer's sole remedy hereunder shall be for Ninestar to repair or, at Ninestar's option:
(ii) credit Customer's account for all amounts paid with respect to the defective or non-conforming Product or Service upon Ninestar's receipt of the defective or non-conforming Product. In the event of replacement, the replacement Product will be warranted for the remainder of the original warranty period or ninety days, whichever is longer.
Any warranties or claims, expressed or implied, by Nine star for its products are valid only if they are sold directly to the Customer by Nine star or sold through one of the US or worldwide distributors authorized by Nine star.
6. Miscellaneous
(a) Termination - This Agreement may be terminated by either party with agreed-upon written notice delivered to the other party; this termination will only apply to Purchase orders that are not in shipment to the facility or at Seller's warehouse. In the event of any termination or expiration of this Agreement, Customer shall be billed immediately for Products shipped through the effective date of such termination or expiration and all custom Products purchased for Customer in Ninestar's inventories at such date, and Customer shall pay the invoiced amount immediately upon receipt of such invoice.
(b) Delivery, Cancellation and Changes by Customer - Delivery, Cancellation, and Changes by Customer - The Products will be shipped to the destination specified by Customer, F.O.B. Seller's shipping point. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Delivery of all orders will be FCA (INCOTERMS 2000). Shipping and handling fees, special packaging materials (e.g., blue ice), carrier surcharges, and hazardous material fees imposed by government regulation will be added separately to the invoice. Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Customer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. All shipping and delivery dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Customer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Orders in process may be canceled only with Seller's written or verbal consent and upon payment of Seller's cancellation charges and/or restock fees, where applicable. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as to an appropriate adjustment in the purchase price, therefore.