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General terms of sales
Article 1 – Purpose
The general terms of sale described below set forth the rights and obligations of Hammerhead Shark LIMITED, it customers, and govern all purchases of goods from the Company.
By purchasing goods from Hammerhead Shark LIMITED , you are accepting these general terms of sale. Sales are reserved for professional customers who are registered with a relevant business registration authority.
Article 2 – Price
The prices of goods are those in force on the day the order is placed. They are expressed in either USD, HKD, Euro or such other currency as agreed between the Company and the buyer. The final amount payable will include applicable shipping costs if asked by the customer (“freight prepaid). The minimum order is 2 000 USD (Two thousand Dollar US). The shipping costs depend on the weight and the delivery address.
Hammerhead Shark LIMITED reserves the right to change its prices at any time. However, the merchandise ordered will be invoiced at the prices indicated at the time of order. Most products are sold in packs of 12 in assorted colours and cannot be sold separately unless otherwise agreed by the Company.
Article 3 – Discount for early payment
There are no discounts for early payment of the purchase price to the Company.
Article 4 – Payment Terms
Orders shall be paid:
(a) by a deposit of 30% of the value of the order for confirmation of delivery date.
(b) the balance before the shipment
(c) or by opening a LC payable at sight for orders of more than 20 000 USD net value
Any other type of payment requires the express agreement of Hammerhead Shark LIMITED
Article 5 – Late Payment
If full payment for merchandise delivered has not been received on the due date, the buyer must pay Hammerhead Shark LIMITED late charges equal to 3% p.a. above the best lending rate quoted from time to time by The Hong Kong and Shanghai Banking Corporation Limited in Hong Kong.
Late charges shall accrue from the payment due day until actual payment in full without any prior or further notice. The late charges are calculated based on the unpaid balance of any invoiced amount
Article 6 – Termination Clause
If the buyer has not paid the balance due within two weeks of the application of the “Late Payment” clause, Hammerhead Shark shall be entitled to claim damages and other relief.
Article 7 – Reserve of Ownership Clause
Hammerhead Shark LIMITED retains ownership of the merchandise until full payment of the invoiced amount and other costs. If the buyer goes into insolvency, court ordered reorganization or administration or liquidation, Hammerhead Shark LIMITED reserves the right to claim the unpaid merchandise cancel any order which remains outstanding.
Article 8 – Delivery
Delivery is made
(a) either by directly handling over the merchandise to the buyer
(b) or by sending the buyer a notice of availability for pick-up at the designated warehouse
(c) or to the location indicated by the buyer at the time of order
The delivery time indicated at the time of order is an estimate and is in no way binding or definitive. Any delay in delivery may be caused by material shortages, import delays or higher than anticipated demand. Hammerhead Shark LIMITED shall keep you informed if it is aware of any possible delay. Any reasonable delay in delivery of the products shall not entitle the buyer to:
• claim damages
• cancel the order
If any merchandise is missing or damaged during transportation, the buyer must indicate this on the delivery slip upon receipt of the merchandise. This information on shortages or damages must also be confirmed in writing within five days of delivery of merchandise by registered letter with return receipt. If the merchandise is non-compliant with the agreed terms of order, the buyer must inform of the Company by fax at +852 8161 98 80 within 15 days after delivery.
Article 9 – Returns
Product returns require the express authorization of Hammerhead Shark LIMITED . Products returned without such authorization will be set aside for the buyer and no credit notes will be issued. Return shipment costs and risks are always paid by the buyer. Authorised returns will be checked for quality and quantity. A credit note will be issued to the buyer if the return is accepted by Hammerhead Shark LIMITED.
Article 10 – Force Majeure
Hammerhead Shark LIMITED cannot be held liable if non performance or delay in performance of any of its obligations herein arises from a force majeure event. Force majeure shall mean any unforeseeable event or circumstance beyond the Company’s control.
Article 11 – Juridiction
Any dispute relating to the interpretation and performance of these general terms of sale shall be subject to the laws of the Hong Kong SAR. If no amicable settlement can be reached between the parties, the dispute shall be brought before the courts of the Hong Kong SAR.
