1. APPLICABILITY
1.1 All our quotations, deliveries, and services are provided exclusively on the basis of these delivery and payment terms and conditions. These terms and conditions are part of all contracts for deliveries or services we close with our contract partners. All previous business terms and conditions are hereby declared invalid.
1.2 We do not accept any terms and conditions of the customer that oppose our general delivery and payment terms and conditions or differ from them, unless their applicability is expressly approved in writing. This applies especially if the opposing terms and conditions are merely communicated in a form.
1.3 The general delivery and payment terms and conditions also apply to all future quotations, deliveries, and services provided to the customer, even if they are not specifically agreed.

2. QUOTATIONS AND PRICES
2.1 Quotations and prices are provided without any engagement and only become binding by means of our written order confirmation. We are entitled to accept the contract offer implied by the order within 2 weeks from the receipt. If the customer feels that the order confirmation deviates from his order, he shall report the alleged deviations in writing without delay upon receipt, at the latest within one week from the date of our order confirmation. If the customer fails to review the order confirmation and does not report any deviations without delay, our order confirmation will be deemed correct and binding for both parties.
2.2 To be valid, any side agreements made prior to or at the execution of the contract require our written approval.
2.3 Any late changes (changes after the release for print) on request of the customer as well as the resulting production stop will be charged to the customer.
2.4 All our information, dimensions, weights, illustrations, descriptions, and drawings in price lists, catalogues, and other printed material have been determined only approximately, though to the best of our abilities; however, they are not binding for us. They do not represent any guaranteed properties, but merely descriptions of our deliveries or services. We reserve the right to changes in the range of products and changes of the technical and visual design.
2.5 Our prices are quoted ex works in USD, subject to the applicable VAT at the time of the delivery, unless specified otherwise. Packaging, freight, and insurance are not included in the price and will be charged additionally.
2.6 We reserve the right to adjust individual prices if necessary due to changes in the currency exchange rates and/or the commodity prices at the time of the execution of the order. Should the material costs or our internal labour costs increase after the order confirmation, we shall be entitled to increase the prices according to the incurred cost increase. The customer shall be entitled to cancel the order in case the increase amounts to more than 15% of the agreed price. In this case, the customer shall reimburse the material and labour costs we incurred until then.

3. PAYMENT TERMS
3.1 Full amount advanced payment requested if the order amount is less than USD10000.00.
3.2 we’re entitled to request 30% of total amount deposit if the order amount exceed USD10000, balance (70%) should be paid before delivery.
3.3 The invoice will be issued on the date of the delivery of the goods. New customers will be supplied against immediate cash payment, cash on delivery, or advance payment, as we may determine at our own discretion. 3.3 The customer shall pay the postage, freight, and packaging costs immediately upon receipt of the invoice without any deductions.
3.4 Payment by bill of exchange is subject to prior agreement. In any case, bills of exchange or cheques will only be accepted as conditional payment and can be returned at any time. Cheques and bills of exchange will only be considered as payment when cashed. The bank discount and collection fees for received bills of exchange will be charged. They are due immediately.
3.5 If the financial situation of the customer deteriorates to an extent that there are doubts regarding his solvency, we shall be entitled to withdraw from the contract or to withhold our deliveries and services and grant the customer a reasonable period to make advance payment or to provide collateral, as we may decide. Upon expiry of this period, we shall be entitled to withdraw from the contract.
3.6 If the customer fails to fulfil his payment obligations, especially if a cheque or bill of exchange cannot be cashed or if there is evidence that enforcement measures have failed, that the customer has discontinued his payments, or that insolvency proceedings have been filed, we shall be entitled to set due the entire remaining debt from the contract, even if we accepted a bill of exchange or a cheque. In this case, we will also be entitled to request advance payment or collateral for all other contracts.
3.7 The customer may only offset his counterclaims if the receivables are undisputed or legally established. The assertion of a right of retention by the customer is excluded, unless these claims are based on the same contractual relationship.
3.8 Any errors in our invoices must be reported within 7 days after the receipt of the invoice. If the invoicee remains silent for a longer period, this will be considered an implicit acknowledgement of the correctness of the invoice.

4. RETENTION OF TITLE
4.1 All goods delivered by us remain our property until full payment is made and all claims from the business relationship are satisfied. Goods subject to retention of title may only be sold in the course of the normal business if it is made sure that the right to the receivable from the resale is transferred to us and the customer passes the retention of title on to his own customers. If the realizable value of all collateral provided to us exceeds the collateralized receivables by more than 20%, we will release the collateral to this extent at our own discretion on request of the customer. The customer transfers his receivables from the resale or other utilization of the goods, together with all associated rights, to us in advance. The resale authorization may be revoked at any time. On request, the customer shall name the buyer of the goods subject to retention of title in writing to us.
4.2 Any physical or legal access to the goods subject to retention of title or their damage or loss shall be communicated to us in writing without delay; in the event of seizure, the seizure report or writ of seizure shall be submitted to us. In the event of third-party access, the customer shall bear all costs required for the removal of the access, especially within the scope of third-party action against execution, and for the reprocurement of the goods.
4.3 The customer transfers all receivables resulting from the resale or other legal reasons in connection with the goods subject to retention of title (including all balance receivables from the account current) to us as collateral in advance. Subject to revocation, we authorize the customer to collect the receivables transferred to us for his account on his own behalf. This authorization can be revoked if and as long as the customer is in default of payment of a collateralized receivable, if he is insolvent, or if insolvency proceedings have been applied for over his assets.
4.4 Processing or alteration of the goods subject to retention of title does not render them property of the customer. If the delivered goods are connected, processed, or mixed with other items, this takes place by our order; however, this does not establish any obligation.
4.5 In the event of default in connection with the delivery of tools, we shall also have the copyright to the manufactured items that are still our property or the right to sell the goods until the debt is covered. Furthermore, we shall be authorized to complete the duplication, if this is necessary. On request, the customer shall promptly obtain any required third-party approval.
4.6 As a general rule, tools, also for items subject to intellectual property rights of the customer, remain our sole property. This applies even if the customer paid cost allowances, tool cost shares, or other amounts for the tools or if these cost shares are included in the item price. Upon termination of the collaboration, the customer shall not have any right to reimbursement of the costs for the tools, equipment, or parts thereof. However, we bear the costs for the maintenance and repair of the tools, even for custom-made products. If the customer has fully or partly paid for the tool, he shall merely have the right to order batches of at least reaching our MOQ at any time.
4.7 All raw material of any kind handed over by the customer are subject to retention for the purpose of collateralizing all our current and future receivables from goods deliveries.

5. DELIVERY
5.1 Delivery dates and periods are only valid if expressly confirmed by us. Delivery periods begin with the date of our order confirmation, but not before the full clarification of all details of the order and not before the receipt of the documents to be provided by the customer and not before the receipt of the advance payment, in case such was agreed.
5.2 If a delivery time determined by certain periods is agreed instead of delivery dates, the delivery time shall begin on the date of release. Soft proofs, hard proofs, etc. provided by the customer are considered as approximate. Should the customer require changes to the order affecting the production time after the order confirmation, a new delivery period shall begin after the confirmation of the changes.
5.3 The delivery time ends on the date on which the goods leave the delivery plant or are stored in the warehouse if delivery is not possible.
5.4 Blanket orders are considered as fixed orders and shall be purchased with binding effect within 3 months, unless agreed otherwise.
5.5 The delivery takes place for the account and at the risk of the customer, also for prepaid deliveries; the risk passes to the customer as soon as the shipment is submitted to the person performing the transport. If the submission or the shipment is delayed due to a reason for which the customer is responsible, the risk shall pass to the customer on the day the goods are ready for delivery.
5.6 We reserve the right to select a suitable delivery type and method, unless agreed otherwise in the respective order. Transport insurance will only be taken out on special request and at the expense of the customer.
5.7 We are entitled to make partial deliveries, which will be due for payment under our payment terms.
5.8 In the event of force majeure or other unforeseeable circumstances or other circumstances for which we are not responsible, such as procurement bottlenecks, labour disputes, operational malfunction, vandalism, government intervention, energy shortcuts, no matter whether these take place at our plant or at one of our suppliers, which hinder us from duly fulfilling our delivery commitments, the delivery period shall be extended by the duration of the hindrance and under consideration of a reasonable start-up time. If the hindrance is not expected to end within a reasonable time period, we shall be entitled to withdraw partly or entirely without any obligation to deliver later or to pay compensation for damages. Such withdrawal does not affect our claims from any partial deliveries that have already taken place.
5.9 In the event of default of delivery and after the expiry of a reasonable grace period of which the customer shall provide due evidence, we will pay a compensation of 0.5% for every completed week of default, up to a maximum of 5% of the shipment affected by the default.
5.10 Both damage claims of the customer due to late delivery as well as damage claims instead of the service which exceed the limits specified in 5.8 are excluded in all cases of late delivery, even after the expiry of a grace period granted to us. This does not apply if liability is mandatory in the case of intentional acts, gross negligence, or due to injury to life, body, or health. Within the scope of legal provisions, the customer may only withdraw from the contract if we are responsible for the delay of the delivery. The aforesaid regulations do not involve a change of the burden of proof to the disadvantage of the customer.
5.11 On request, the customer is under the obligation to inform us within a reasonable period whether he withdraws from the contract due to the delay of the delivery or still insists on the delivery.
5.12 If, on request of the customer, the shipment or delivery is delayed by more than 1 month after the notification that the goods are ready for shipment, we may bill the customer for storage fees amounting to 0.5% of the price of the items of the delivery for every started month, up to a maximum of 5%. This does not affect the right of the contract parties to provide evidence of higher or lower storage costs.

6. DEFAULT OF ACCEPTANCE OF THE CUSTOMER
6.1 If the customer is in default of acceptance or debtor's default, the risk of incidental loss or incidental deterioration of the goods shall pass to the customer as soon as he is in default of acceptance. In this case, we shall be entitled to set a reasonable grace period at the expiry of which we may store the goods at our warehouse and charge storage fees pursuant to Section 5.11 or store the goods at a forwarder. This does not affect our right to withdraw from the contract and claim compensation for damages.
6.2 Within the scope of a damage claim, we may request 30% of the agreed price as compensation without providing evidence, unless the customer provides evidence that he did not incur any damage or his damage was much lesser than the lump-sum compensation.

7. WARRANTY
7.1 Immediately upon delivery, the contract partner shall inspect the goods for any defects. The contract partner shall submit complaints due to goods that are obviously defective or whose properties obviously deviate or due to delivery of goods that are obviously different from the ones ordered; the complaint shall be submitted without delay in writing, at the latest within 3 days from the delivery or, if the defect was not identifiable during the immediate inspection, within 1 week from the detection of the defect. The warranty will expire if defects are not duly reported.
7.2 The maximum warranty term is 1 year from the delivery of the goods.
7.3 Minor deviations from the agreed properties or minor impairment of the usability do not justify defect claims. Trade and industry-typical tolerances do not justify complaints due to defects. The customer shall accept short and surplus deliveries in the range of up to 10%. As a relatively small amount of defective goods cannot be avoided during the production of plastic items and similar goods, a share of up to 5% of the total quantity shall not be objected to, no matter whether the defect was caused by the processing or the printing.
7.4 Defects in a part of a shipment do not justify the rejection of the entire shipment.
7.5 In the event of a justified, duly submitted notice of defects, we reserve the right to rectify the defect at our own discretion, i.e. by eliminating the defect or by replacing the defective goods the customer returns to us with new goods in accordance with the contract (replacement delivery) free of charge. Only if the rectification fails twice, the customer may withdraw from the agreement or request a discount on the price.
7.6 Damage claims are regulated in Section 8. Further claims of the customer or claims other than those regulated in Section 7 against us and our agents due to defects are excluded.
7.7 If the customer objects to the shipment or parts thereof, he may not consume, process, or resell any of the goods objected to. If he does nevertheless, the objection shall be void.

8. COPYRIGHT
8.1 All copyrighted utilization rights on own drawings and designs, originals, films, etc. in all procedures and for all utilization purposes remain with us, unless expressly agreed otherwise.
8.2 Production material such as films, lithographic prints, printing plates, artwork, screens, punches, and tools remain our property in any case. Making these available to third parties, duplication, or further use is subject to our approval. Drafts are subject to intellectual property rights. The customer bears the sole responsibility for making sure that he is authorized to duplicate printed material. The customer shall be exclusively liable if the execution of his order violates rights, especially third-party copyrights. The customer shall indemnify us against all third-party claims due to such violations of rights. The customer shall make a reasonable advance payment on any costs we may incur for legal action in this connection.

9. PROOFS/PRINT ORDERS
9.1 The customer shall review soft proofs and hard proofs for any typesetting errors and other errors and resubmit them to us, indicating that they are ready for printing. We do not assume any liability for errors overlooked by the customer. Corrections and changes communicated by phone must be confirmed in writing.
9.2 If, after submission of the soft proof, extensive changes, new typesetting, or other corrections of the draft submitted by the customer are required in excess of the normal scope, the incurred working time and material consumption will be billed. If the customer does not request a soft proof, the liability for typesetting errors shall be limited to grossly intentional acts. The typesetting and hard proof charges will be billed even if an order is withdrawn.
9.3 In the event of major deviations of the properties of the plastic, paper, and other material procured by us, we shall only be liable up to the amount of our own claims against our suppliers. In such a case, we shall be relieved of our liability if we transfer our claims against our suppliers to the customer.
9.4 Our liability for lightfastness, variability and deviation of the material and print colours, and the properties of rubber coating, varnish coating, waterproofing, etc. is limited to the extent that the defects of the material would have been identifiable had they been duly inspected prior to use. For colour reproduction in all printing methods, minor colour deviations among the printed copies and between the hard proof and the production print may occur and do not constitute a justified reason for complaint.

10. LEGAL NOTICE
We reserve the right to affix our company name at the back or another suitable spot on the items delivered by us. We also reserve the right to continue to use any items manufactured by order of our customers as samples or for advertising purposes.

11. PLACE OF PERFORMANCE, PLACE OF JURISDICTION, APPLICABLE LAW, MISCELLANEOUS
11.1 The place of performance for all obligations from the contract relationship is Xiamen, China.
11.2 The exclusive place of jurisdiction for all current and future claims from the business relationship with merchants, including bill of exchange and cheque claims, is Xiamen, China.
11.3 The legal relations between the contract parties shall be governed exclusively by the CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA . 12.4 Should any of these provisions be invalid, this shall not affect the validity of the other provisions of our delivery and payment terms and conditions.

SALES TERMS
QUOTATIONS/ORDERS: All quotations without obligation. Every orders is carried out in accordance with these sales terms only. Any exception there of must be confirmed in writing. PRICES: All prices are given in USD only, they are valid without discounts on the day of shipment. SHIPMENTS: All deliveries and shipments are effected ex factory only at the buyer´s risk. TIME OF DELIVERY: Any delivery time is given good faith but indicates an approximate shipping date only. Possible exceedings do not qualify claims for compensation. Delivery is not considered delayed in cases of FORCE MAJEURE and/or other similar unforeseeable events. PAYMENTS: Full payment should be received before delivery unless additional agreement in contract. RESERVATION OF PROPERTY: All goods sold and shipped remain our property until receipt of full invoice value. CLAIMS: Any claim on damage or loss must be announced in writing within eight days (8) upon receipt of goods. TOLERANCES / SPECIAL / MANUFACTURE: Tolerances with colours and/or measurements are permitted within the range of usage. In case of special manufacture and/or exclusive tolling we are allowed to exceed or fall short every individual order by up to 10 percent.