YEM Terms & Conditions (B2B)

 

1. Definitions

  • 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.