Terms & Conditions
This website, www.mengxinbrother.com is committed to protecting and respecting your privacy. Any use of the words "you", "your" or similar expression shall mean any user of this website.
To cancel a Contract, you must:
1 Inform us in writing;
2 Return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk (subject to section 15). The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging; and
3 Provide proof of purchase in the form of our invoice for the original supply of such Goods. If in the event an invoice is unavailable, a bank or credit card statement may suffice at our sole discretion.
We shall have no liability for incorrect Goods purchased by you online for foreign (Non China) once the Cooling-Off Period lapses. To minimise the purchase of any incorrect Goods we advise that customers with foreign registered vehicles call our specialist sales or send an email to [email protected], who will offer guidance to customers in respect of the suitability of any Goods prior to purchase.
You may also cancel an order for Services by calling the telephone number notified to you, within 30 days of the date of purchase, unless the Services begin sooner, in which case your right to terminate ends upon the date when performance of the Services starts.
Nothing in this section affects your statutory rights.
It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us in writing otherwise. We will inform you in advance if any special means will be required to unload the Goods at your premises.
Risk And Title
Risk in the Goods passes when they are delivered to you.
You will insure the Goods against theft or any damage howsoever caused until their price has been paid in full.
For the purpose of section 13 of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.
Notwithstanding section 13.3, passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs) has been paid in full.
We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
Until ownership of the Goods has passed to you, you must:
1 Hold the Goods on a fiduciary basis as our bailee;
2 Store the Goods (at no cost to us) separately from all other products belonging to you or any third party in such a way that they remain readily identifiable as our property;
3 Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
4 Maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you will produce the policy of insurance to us; and
5 You may resell the Goods before ownership has passed to you solely on the following basis:
6 Any sale will be effected in the ordinary course of your business at full market value; and
7 Any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.
Exchange Unit Surcharges
Where service exchange units are purchased, you will be invoiced with a sum referred to as a "Surcharge" which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from the delivery date a credit note will be issued by us in respect of the "Surcharge" provided that the old unit is identical to the unit purchased and in a condition in our sole discretion that enables it to be re-manufactured.
User Generated Content
Certain features of this Website may allow you to upload and publish materials, content and information to the Website (collectively, User Content). Where you upload, publish or otherwise store User Content through this Website you are responsible for ensuring that you have any and all necessary rights, licences and permissions to use that User Content.
We will not be responsible for any use of information, materials or content not provided by us.
We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.
Any User Content you upload to the Website will be considered non-confidential and non-proprietary, and you grant us the right to use, copy, host, distribute and disclose to third parties the User Content. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their rights (including their intellectual property rights or their right to privacy).
The views expressed by other users on our Website do not represent our views or values.
Support And Maintenance
We will provide you with such technical advice by telephone, e-mail, fax, and web access during our normal business hours for the duration of the period for which you purchase such Services ("Cover Period") as is reasonably necessary to resolve your difficulties and queries in using such goods supplied to you and identified by us. The objective of this service is to provide an initial advice and guidance service. It is not a substitute for management consultancy, project management, implementation control, system consultancy, or product training and is available only to your competent trained employees.
a) Provide us with such information, assistance and facilities as we may reasonably require to enable us to perform the Services set out in this section 19; and
b) Direct all enquiries for technical advice to our helpdesk number notified to you from time to time.
c) The support and maintenance services do not apply:
d) To the extent that you failed to follow any instructions relating to the operation, use and maintenance of the Goods (and where you install the Goods, instructions as to installation of the Goods);
e) To the extent that the query arises from user incompetence, abuse, improper use or use in an environment or for a purpose for which the Goods were not designed or intended;
f) If you or other third party alters or repairs the Goods without our written consent; or
g) To the extent that the query is attributable to third party materials including any equipment to which the Goods are incorporated which is not provided by us.
The Services referred to in this section will run for the Cover Period and will (unless terminated earlier in accordance with these terms) continue thereafter unless or until terminated by either party serving no less that 90 days prior notice on the other, such notice to expire on the last day of the Cover Period or subsequent anniversary thereof. We reserve the right to vary the fee payable for such Services on or before each anniversary of commencement of the Cover Period.
Termination And Suspension
We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us or if any of the events set out in section 13.8 occur.
On the termination of the Contract for any reason:
We will not be obliged to supply any Goods and Services ordered by you unless already paid for; and
All payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision.
The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
Comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
Not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the China;
Not induce or reward us or our directors, officers, representative, contractors or personnel to perform or improperly perform a function or activity in connection with this Contract;
Not directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a function or activity in connection with this Contract, other than where a bona fide promotions and/or incentive is run by us (see section 6 for further details on such promotions and incentives);
If you are a business, organisation, partnership, limited liability partnership or a company, have and maintain in place throughout the Contract your own policies and procedures including but not limited to adequate procedures under the Bribery Act 2010 to ensure compliance with the same and to enforce where appropriate;
Promptly report to us any request or demand for any undue financial or other advantage of any kind received by us or our directors, officers, representative, contractors or personnel or any undue financial or other advantage of any kind given by us in connection with the performance of this Contract.
Without prejudice to section 21.1, we may terminate the supply of any Goods or Services to you forthwith if you breach any of the provisions of section 22.1 above.
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