Legal Agreement

TERMS OF SERVICE

Last Updated: January 2024

01

Acceptance of Terms

By accessing and using the website www.xafocuses.com (the "Website") operated by Xi'an Focus Electromechanical Technology Co., Ltd. (the "Company"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please discontinue use of the Website immediately.

These Terms constitute a legally binding agreement between you ("User", "Customer", "you") and the Company. The Company reserves the right to modify these Terms at any time without prior notice. Continued use of the Website after modifications constitutes acceptance of the revised Terms.

02

Website Usage

2.1 Permitted Use

The Website is provided for lawful business purposes including product browsing, inquiry submission, and procurement communication. Users may access product information, technical specifications, certifications, and company information for legitimate business evaluation.

2.2 Prohibited Activities

Users shall not:

  • Use automated systems (bots, scrapers) to extract data without written authorization
  • Reproduce, distribute, or commercially exploit content without permission
  • Attempt to gain unauthorized access to systems or networks
  • Submit false or misleading information in inquiries
  • Interfere with Website functionality or other users' access

2.3 Intellectual Property

All content on the Website, including text, images, logos, product designs, technical documentation, and trademarks, is the exclusive property of Xi'an Focus Electromechanical Technology Co., Ltd. or its licensors. Unauthorized use, reproduction, or distribution is strictly prohibited and may result in legal action.

03

Procurement and Cooperation Terms

3.1 Quotation and Pricing

Product pricing displayed on the Website is for reference only. Final pricing depends on order quantity, customization requirements, delivery terms, and market conditions. All quotations are valid for 30 days unless otherwise specified and are subject to confirmation by written agreement.

3.2 Minimum Order Quantity (MOQ)

The Company offers flexible MOQ policies to accommodate different customer needs. Standard MOQ applies to bulk orders, while customized MOQ is available for OEM/ODM projects. Single-unit orders are supported for sample evaluation purposes. Specific MOQ requirements will be communicated during quotation.

3.3 OEM/ODM Customization

The Company provides comprehensive OEM/ODM services including product design, specification customization, branding, and packaging. Customization projects require:

  • Detailed technical specifications and design requirements
  • Sample approval before mass production
  • Signed Non-Disclosure Agreement (NDA) for proprietary designs
  • Advance payment as per agreed terms

3.4 Order Confirmation

Orders are confirmed only upon receipt of:

  • Signed Purchase Order or Sales Contract
  • Required advance payment (deposit)
  • Complete shipping and billing information

The Company reserves the right to reject orders that do not meet minimum requirements or violate applicable laws.

3.5 Payment Terms

Standard payment terms are 30% deposit upon order confirmation and 70% balance before shipment. Alternative payment arrangements may be negotiated for long-term partners. Accepted payment methods include wire transfer (T/T), Letter of Credit (L/C), and other mutually agreed methods. All banking fees are borne by the paying party.

3.6 Delivery and Shipping

Lead times vary based on order quantity and customization complexity, typically ranging from 15-45 days after order confirmation. Delivery terms follow Incoterms 2020 standards (FOB, CIF, DDP, etc.). The Company arranges logistics through reputable carriers but is not liable for delays caused by customs, force majeure, or carrier issues. Customers are responsible for customs clearance and import duties in the destination country.

04

Product Quality and Warranty

4.1 Quality Standards

All products undergo rigorous quality control including parts inspection, assembly testing, and factory inspection. Products comply with ISO9001 standards and hold certifications including CE, FCC, FDA, RoHS, and KC. Quality inspection reports are provided upon request.

4.2 Warranty Coverage

Standard warranty period is 12 months from delivery date, covering manufacturing defects and material failures under normal use. Warranty does not cover:

  • Damage from misuse, abuse, or unauthorized modification
  • Normal wear and tear or cosmetic damage
  • Damage from improper storage or environmental factors
  • Products with removed or altered serial numbers

4.3 Returns and Refunds

Defective products may be returned within 7 days of receipt with prior authorization. Return shipping costs are borne by the Customer unless the defect is confirmed by the Company. Refunds or replacements are processed within 30 days of receiving returned goods. Custom-made OEM/ODM products are non-returnable unless defective.

05

Limitation of Liability

5.1 Disclaimer of Warranties

The Website and products are provided "as is" without warranties of any kind, express or implied, except as explicitly stated in written agreements. The Company does not guarantee uninterrupted or error-free Website operation, nor does it warrant that products will meet all Customer requirements beyond agreed specifications.

5.2 Limitation of Damages

The Company's total liability for any claims arising from product defects, delivery delays, or Website use shall not exceed the total amount paid by the Customer for the specific product or service in question. The Company shall not be liable for:

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Third-party claims or losses
  • Damages exceeding the purchase price of the product

5.3 Force Majeure

The Company shall not be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, wars, labor disputes, supply chain disruptions, or utility failures. In such events, delivery schedules will be extended by a reasonable period.

06

Confidentiality and Data Protection

6.1 Confidential Information

Both parties agree to maintain confidentiality of proprietary information disclosed during cooperation, including technical specifications, pricing, business strategies, and customer data. Confidential information may only be used for the intended business purpose and may not be disclosed to third parties without written consent.

6.2 Personal Data

The Company collects and processes personal data in accordance with applicable privacy laws. Information collected through the Website (name, email, company details, inquiry content) is used solely for business communication and service provision. Data is not sold or shared with third parties except as required by law or for order fulfillment (e.g., logistics partners).

6.3 Data Security

The Company implements reasonable technical and organizational measures to protect data against unauthorized access, loss, or misuse. However, no method of electronic transmission or storage is 100% secure, and the Company cannot guarantee absolute security.

07

Compliance and Export Control

Customers are responsible for compliance with all applicable laws and regulations in their jurisdiction, including import regulations, safety standards, and product certifications. The Company's products are subject to Chinese export control laws. Customers must not re-export products to sanctioned countries or entities without proper authorization. The Customer agrees to indemnify the Company against any claims arising from non-compliance with local laws.

08

Dispute Resolution

8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict of law principles.

8.2 Dispute Resolution Process

In the event of any dispute arising from these Terms or any transaction:

  • 1. Parties shall first attempt to resolve the dispute through good-faith negotiation within 30 days
  • 2. If negotiation fails, the dispute may be submitted to mediation by a mutually agreed mediator
  • 3. If mediation is unsuccessful, the dispute shall be submitted to arbitration at the China International Economic and Trade Arbitration Commission (CIETAC) in Xi'an, China

The arbitration award shall be final and binding on both parties. Arbitration proceedings shall be conducted in English or Chinese as mutually agreed.

09

Miscellaneous

9.1 Entire Agreement

These Terms, together with any signed Purchase Orders, Sales Contracts, or NDAs, constitute the entire agreement between the parties and supersede all prior communications and proposals.

9.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Waiver

Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

9.4 Assignment

Customers may not assign or transfer their rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms to affiliates or successors.

9.5 Language

These Terms are prepared in English. In case of any discrepancy between English and translated versions, the English version shall prevail.

10

Contact Information

For questions regarding these Terms of Service or any business inquiries, please contact:

Company: Xi'an Focus Electromechanical Technology Co., Ltd.

Website: www.xafocuses.com

Email: contact@xafocuses.com

Address: Xi'an, Shaanxi Province, People's Republic of China

By using our website or engaging in business with Xi'an Focus Electromechanical Technology Co., Ltd., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.