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L.O. TRADING Corp, EUR L.O. TRADING GmhH, Servicios Logísticos Internacionales, CN L.O. Trading Ltd & HK L.O. TRADING Ltd deliveries, services and offers are exclusively based on the following conditions:
1. Quotation and conclusion of contract
Quotations from L.O. TRADING are issued with no purchase obligation.
Contracts and additional agreements will not become effective until the Client has received an order acknowledgement by letter, fax or e-mail from L.O. TRADING.
The sales contract is only valid after the Client receives an order confirmation and delivery date from L.O. TRADING. Normally, confirmation is sent on the same day. However, all orders will be confirmed no later than the following business day.
2. Special Orders / Custom Made Orders / Non Returnable Goods
In this category will be included all orders that are manufactured as per the request or the Client and/or that due to the nature of the product are non returnable and/or include sensible components, modifications or alterations. These orders cannot be modified, changed or canceled under any circumstance. By confirming the Purchase Order, the Client acknowledge and agrees that these type of orders are binding contracts and no modifications or cancelations can be made unless specifically accepted by the original manufacturer. All re-stocking fees and/or charges associated with changes, modifications or cancelations will be covered by the Client, including the total cost of the ordered goods and all charges associated with the disposal if applicable.
Prices are in USD/EUR according to the specified currency and including or excluding the legal value added tax.
Shipping cost are calculated depending on the weight and volume of the items quoted as well as the date, delivery address and shipping method.
If any of these variables change, costs will adjust accordingly.
Our shipping costs do NOT include any CUSTOMS, DUTIES or any OTHER CHARGES in the import country or third countries, unless specified. All duties and charges must be paid by the Client.
Note concerning Bank Transfers:
Arising transaction fees are not settled by L.O. TRADING and thus must not be deducted from the invoice amount. All transaction fees for bank transfers abroad must be covered by the Client.
4. Terms of delivery and service
Lead times are indicated in the offer as per manufacturer's information, but may vary at the time of the order, during manufacturing, due to delays from the supplier, or due to force majeure events.
Unless otherwise agreed, there will not be any partial shipments. L.O. TRADING dispatches only complete orders and, when required, orders are held to consolidate shipments.
5. Right to return goods
Other than for products delivered in error, merchandise can only be returned if the original supplier is willing to receive the goods. In this case, returns are subject to supplier's re-stocking fees. Any transportation and other related charges must be covered by the Client.
Claims for damaged goods during transportation must be paid by the respective Insurance Company. L.O. TRADING is not responsible for any damages during transportation.
Complaints resulting from incomplete, damaged or incorrect product deliveries have to be marked on the delivery note or waybill (when possible) and reported to L.O. TRADING representatives immediately. Under no circumstances will claims will be accepted if presented after more than 30 days of the goods arrival at the customer's first point of control.
Please avoid damage and contamination. If possible, return the goods in their original packaging including all accessories and all packaging material. If necessary, use an additional protective secondary packaging. If you do not have the original packaging, make sure that the goods are protected sufficiently against damage in transit by using suitable packaging.
6. Warranty, liability
The only warranty, expressed or implied, for the products and services in this invoice is the original warranty offered by the original manufacturer or provider of the products / services under the manufacturer's / provider's terms and conditions.
L.O. TRADING will process any claim for product quality directly with the manufacturer, distributor or provider, and will only reimburse the Client for actual damages up to, but not exceeding, the amount of the manufacturer's/provider's warranty.
L.O. TRADING disclaims any warranty of merchantability, fitness for a particular purpose and/or non-infringement, and shall not be liable for any consequential, contingent or indirect damages or lost profits related to the products or services provided.
L.O. TRADING will not be responsible for any freight, customs fees, taxes, duties or any other charge related to the return, replacement or exchange of the products or services even if L.O. TRADING handled the original freight corresponding to these products or services. If the manufacturer/supplier accepts to replace or repair the products/services, the warranty will be honored by L. O. TRADING up to, but not exceeding, the amount accepted and paid by the manufacturer/supplier.
7. Installation and Operation
Installation and commissioning of materials, unless otherwise agreed, is done by the Client on their premises, at the Client's sole risk and cost. Clients are responsible for a professional assembly or installation commissioning of the products delivered by L.O. Trading.
L.O. Trading will not give the Client's personal data including address and e-mail address to third parties without Client's prior approval. Exceptions are the service partners of L.O. Trading that need the data to handle the Client's order (e.g. the shipping company responsible for delivery or the bank responsible for payment).
9. Search and Inspection
In the United States, as per Federal Regulations, if cargo is tendered for Air Transportation the Shipper consents for Search and Inspection.
Per L.O. TRADING policies, all cargo or merchandise tendered for Transportation (truck, rail, air, or ocean) is subject to Search and Inspection.
10. Payment and Collections
If the purchase price or any part thereof is not paid by purchaser when due, purchaser shall pay interest at the maximum legal rate on all such sums from the date due until paid. If L.O. TRADING engages a collector or an attorney to collect the purchase price or any portion thereof, including repossessions of goods subject to attorney's fees (whether or not legal action be commenced) all costs will by paid by customer. This transaction shall be governed by and constructed in accordance with the local laws of the respective L.O. TRADING business' unit. Customer understands the above and accepts these provisions as part of the transaction.
11. Transportation Insurance
It is the risk and responsibility of the customer to ask for insurance for the cargo. If the cargo is not insured, the customer is solely responsible for all the direct and contingent damages that occur during transportation.
If the customer requests L.O. TRADING to insure the cargo/merchandise, L.O. TRADING acts as an Agent for CNA (The Insurance Company), in these cases, L.O. TRADING will facilitate and cooperate in all claims and communications with CNA. All terms and conditions from CNA will apply and prevail over any others. Under no circumstances will L.O. TRADING be held responsible for any damage incurred during transportation.
12. Place of jurisdiction
Place of fulfillment and exclusive jurisdiction for payments and all conflicts arising between the parties whether they are merchants or public corporations will be governed by the local law of L.O. TRADING's business unit issuing the documentation and concluding the sales contract.
L.O. TRADING Corporation - Miami, FL - USA.
EUR L.O. TRADING GmbH - Frankfurt, Germany
Servicios Logísticos Internacionales - Medellín, Colombia
CN L.O. TRADING LTD - Shanghai, China
HK L.O. TRADING LTD - Hong Kong, China
The relations between the contractual partners are regulated exclusively according to USA, German and Colombian Law respectively.
These TERMS AND CONDITIONS will be revised and/or modified periodically as per L.O. TRADING's decision. All changes will take effect at the moment of publication. (April 16, 2012)