Terms & Conditions

General Terms & Conditions of Sale

  1. It shall be optional for sellers or their principals to refuse or delay delivery under this contract should any money due in respect of any draft or promoted or on any other account whatever not having been paid when due, and such non-payment on Buyer part shall entitle seller or their principals to cancel this contract without notice to buyer or to enforce its terms at their option.
  2. If Sellers’ principals refuse to execute the order contained herein and the refusal be communicated to Buyer within 60days from the date hereof, the contract shall be deems to be cancelled.
  3. In case of Buyer insolvency pending the performance of this contract by him/them, Sellers have the option either to cancel the contract or so much thereof as shall not have been performed or to re-sell the goods to Buyer account without any notice to Buyer.
  4. Notice from one party to the other shall have been deemed to have been duly served if left at the other’s last known place of business of Posted under registered cover addressed to such place.
  5. Buyers agree in all cases to be bound and abide by the conditions of Bill of Loading. In case Buyer shall request or Seller shall think fit, buyer will accept Delivery Orders in lieu of the Bill or Bills of Lading and such Delivery Orders shall in all respects be deemed valid shipping documents equivalent to the relative Bills of Lading and treated as such. Neither Seller nor their Principals are to be under any obligation either to see that the goods comprised in such Delivery Orders have been duly landed or otherwise howsoever, Buyer rights and remedies in respect of short delivery, damage or other claims being against the ship or underwriters only.
  6. Marine insurance effected by Sellers or their Principals shall be without their guaranteeing the solvency of the insurance Company with which such insurance if effected, and in the event of any claim arising against the underwriters, Sellers or their Principals have absolute discretion to settle the same on Buyer’s behalf as Sellers or their Principals may think fit. Loss or injury to any part of the goods shall not entitle Buyer to refuse the remainder and in the event of any loss or injury to any part of machine which machine when complete consists of several parts, the Underwriters are to be liable only for the insured value of the part thus lost or injured.
  7. Buyer must understand that the illustrations in Seller’s or their Principals’ catalogue are Intended as a guide only and that the details may to the size of the article or on account of improvements or alternations in manufacture.
  8. The Buyers will be responsible if the performance by the Sellers of any stipulation as to the marking or packing of the goods shall constitute an offence under the Merchandise Marks Act or the Merchandise Marks Ordinance and will indemnify the Sellers in respect of any such offence committed by them.
  9. Neither Sellers nor their Principals are to be responsible for errors in telegrams or facsimile.
  10. Goods not cleared or paid for within due date to be at Buyer’s sole risk and expense.
  11. The Sellers shall not be responsible for any delay in fulfilling or for the non-fulfillment of this contract cause by strikes, lockout, war, warlike operations, civil commotions, Government Prohibitions or restrictions or requisitions or any Government action of whatsoever, nature, fire, flood, typhoons, Acts of God, Force Majeure or by any other incidents or circumstance beyond the control of the Sellers whether or not of a similar nature to the foregoing.
  12. If the Buyers shall fail to take delivery within 7 days of the arrival of the goods in Hong Kong or to make Payment or shall commit a breach of any clause hereof the Sellers may terminated this contract so far as it is unfulfilled (without prejudice to the Sellers rights to recover all moneys owing to them in respect of goods already delivered) and thereafter the Sellers may sell the goods or any balance of the goods and any loss sustained by the Sellers on such sales shall be made good forthwith by the Buyers to the Seller.
  13. Any additional expenses incurred as the result of any of the causes specified in paragraph 11 hereof shall borne by the Buyers.
  14. The Seller may at their discretion insure against war risk and in the event of their so doing the cost thereof shall be borne by the Buyers but the Sellers shall be under no liability by reason of such insurance not having been effected.
  15. No claim under this contract or in respect of the goods shall be made against the Sellers unless it is made in writing within seven days after the delivery of the goods nor shall any such claim be made after delivery has been made and the goods have been removed by the Buyers of their agents from the place of delivery.
  16. All orders are accepted subject to the availability of raw materials, and packages also to payment of the prices, duties, taxes and other charges ruling at the date of despatch, even if the orders are not despatched until after the expiry of the stipulated shipment period on the reverse side of this contract.
  17. Unless specifically modified thereby all the above conditions shall apply and form part of all notices, amendments, appendices or correspondence in respect of this contract although not repeated or cited therein.
  18. The Buyers are not at liberty to inspect any goods intended for them until after they have purchased the documents of title, or take up the goods. In such cases the documents of title mush be paid for and the goods taken up by the Buyers, who are thereafter free to lodge a claim with the Sellers.
  19. CDL Studio Limited is referred to throughout this document as the Seller.
  20. Installation/Erection of work, where sellers contract to supervise installation/erection of works, it shall be understood that the followings shall be supplied and paid for by Buyer.
    1. Free availability of good lift during normal working hours (9:00 am to 5:30pm) for the vertical transportation of materials, labor and equipment to respective floors involved in these contract
    2. Free of charge to supply of electrical power for terminal points located an each floor available to Sellers for the operation of tools and equipment.
    3. Free and unrestricted access to those areas in which work is to be installed. Building areas in which work is to be carried out shall be weather tight and free from water, debris or other items which would restrict or affect commencement of work, storage of materials and progress of installation.
    4. Free availability of dry and secure storage areas for storage of materials, etc.