1. General 1.1 These terms and conditions are incorporated
into all orders for publications ("the Goods") supplied by CNCIC
ChemData Information Technology Co., Ltd. ("the Supplier") except
for where there is a prior written agreement between the Customer
and the Supplier.
1.2 No variation to these terms and conditions shall
be binding unless agreed in writing between the Supplier and the
1.3 Goods delivered may differ in non-material
respects from those advertised in the Supplier's catalogue or other
2.1 Subject to paragraph 2.2 below the price payable
for Goods shall be the total price plus any cost of packaging,
postage and delivery as specified in the Supplier's current price
list or catalogue, less any discount agreed in advance in writing by
2.2 The price is exclusive of Value Added Tax which
the customer shall be additionally liable to pay to the Supplier.
3. Payment Terms
3.1 Unless otherwise agreed in writing bāy the
Supplier all invoices are payable by the date for payment stated on
the invoice in pounds sterling drawn on a bank based in the UK or by
such other method as is agreed in advance by the Supplier.
3.2 Failure to pay all amounts due by the due date may
result in withholding of further supplies including subscription
supplies in respect of which the customer has made payment in full.
4. Credit Terms
The Supplier may set and vary credit limits from time
to time and withhold all further supplies if the customer exceeds
such credit limit.
5. Terms of Supply
Subscriptions run for a full year and no credit will
be given for cancellations during the year.
6.1 Orders are accepted by the Supplier subject to
availability of stock and may be delivered in two or more
instalments. Time of delivery is not of the essence. The Supplier
has no liability for any loss of trade or profit occurring to the
customer as a result of delay in delivery or delivery of incorrect
or faulty goods.
6.2 Delivery will be made to the business address of
the customer or its agenāt or to a carrier designated by the
customer. Delivery outside the Chinese mainland is at the cost and
risk of the customer.
6.3 Risk in the Goods passes to the customer on
delivery under paragraph 6.2 above. Title to Goods other than
subscription products will pass to the customer on payment in full.
Title in subscription items will pass on delivery.
7. Loss or damage in transit
7.1 Claims for damage or partial delivery must be
notified within 30 (thirty) days of delivery.
7.2 Claims for complete loss of consignment must be
notified within 30 (thirty) days of the date of the Supplier's
statement of account for the period in which the invoice was raised.
All Goods, unless otherwise agreed in writing by the
Supplier, are supplied on a firm sales basis. Returns will not be
accepted other than as agreed in accordance with the Supplier's
Returns Policy in force at the time of the return.
9. Supplier's Liability
The Supplier's liability in all circumstances is
limited to the cost of replacing the Goods ordered.
10.1 Any waiver by the Supplier of any of these terms
and conditions shall be limited to the particular instance and shall
not operate or be deemed to operate as a future waiver of that or
any other term.
10.2 These terms and conditions and all other express
terms and conditions of sale shall be governed and construed in
accordance with the laws of Chinese.