Buyer: Any company, firm, or authorized representative purchasing goods or services from YEM Industrial Engine & Parts (“YEM,” “we,” “us,” or “our”).
Goods: All products, parts, or components supplied by YEM.
Order: Any confirmed request by the Buyer for goods or services supplied by YEM.
2. Scope
These Terms & Conditions apply to all contracts, orders, and transactions between YEM and the Buyer.
Any conflicting terms in Buyer documentation are excluded unless explicitly agreed in writing by YEM.
Together with order confirmations, invoices, and delivery notes, these Terms represent the complete agreement between YEM and the Buyer.
3. Quotations and Orders
Quotations are invitations to place an order, based on information provided by the Buyer. YEM is not responsible for inaccuracies in Buyer-supplied data.
Orders become binding only when YEM confirms acceptance in writing. YEM reserves the right to decline any order at its discretion.
Special or customized orders require written confirmation from YEM and are the Buyer’s responsibility regarding specifications and accuracy.
4. Price
Prices are as stated on YEM invoices or quotations. Unless otherwise noted, prices exclude taxes, duties, shipping, or other fees.
YEM may revise prices to account for changes in material costs, shipping, labor, currency fluctuations, or applicable duties.
5. Payment
Payment is due in full as specified on the invoice or as otherwise agreed in writing.
YEM reserves the right to suspend deliveries or limit credit if payments are overdue or if Buyer’s financial status raises concerns.
6. Delivery and Risk
Delivery terms will be stated in the order confirmation. Estimated delivery dates are for reference only and are not guaranteed.
Risk passes to the Buyer once goods leave YEM’s facility or are handed to a carrier.
Title of goods remains with YEM until full payment is received. Until then, Buyer must store goods separately and allow YEM to inspect or reclaim goods if necessary.
Export shipments are subject to applicable Incoterms. Buyer is responsible for compliance with destination laws, taxes, duties, and inspection requirements.
7. Inspection and Acceptance
The Buyer must inspect goods promptly upon receipt. Claims for visible defects or shortages must be submitted in writing within 3 business days of delivery.
Goods must be available for inspection. Failure to comply may invalidate claims.
YEM is not responsible for defects caused by improper handling, installation, storage, or normal wear and tear.
8. Warranty
All goods are supplied with the manufacturer’s warranty only. YEM may, at its discretion, provide repair, replacement, or refund for defective goods.
Warranty does not cover damage from misuse, unauthorized repairs, installation by unqualified personnel, or use of non-compatible components.
Used or reconditioned parts are supplied “as is” unless otherwise explicitly stated.
9. Liability
YEM’s total liability in contract, tort, or otherwise is limited to the invoice value of the goods in question.
YEM is not liable for indirect, consequential, or incidental losses, including lost profits, downtime, or claims from third parties.
10. Force Majeure
YEM is not liable for delays or failures due to circumstances beyond its reasonable control, including natural disasters, strikes, supply chain interruptions, or regulatory restrictions.
11. Variation of Terms
These Terms may only be varied in writing by an authorized YEM representative. Any such variation applies only to the specified transaction.
12. Governing Law
These Terms and all agreements between YEM and the Buyer are governed by the laws of the People’s Republic of China.
Disputes will be subject to the exclusive jurisdiction of Chinese courts.
13. Miscellaneous
Waiver of any term does not constitute waiver of subsequent breaches.
If any provision is deemed invalid or unenforceable, it will be severed without affecting the remainder of the Terms.
