Conditions of use
1. Copyright and Trademark
This website and its entire content and the selection and arrangement thereof, as well as all software contained in it, are subject to copyright with all rights reserved.
All marks proprietary to Hodel and all marks displayed on this website are subject to the trademark rights of Hodel or their registered owners and may not be used in connection with any product or service that is not offered by Hodel or in any manner that is likely to cause confusion or in any manner that will or may discredit or disparage Hodel.
You may electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes relating only to placing an order with us or shopping in our website, but you are not allowed to remove any copyright or any other proprietary notice. Unless we give you prior written consent, any other use of our website, its content and information, and the linking or framing to this web site are prohibited.
By visiting our website or using any of the services provided herein, you agree that both your access to and your use of our website are at your own risk, subject to all applicable laws and to the Conditions of Use herein which may change at any time without notice. Please refer to this page frequently to review our current terms and conditions of use.
Information contained in this website
Our goal is to provide complete, accurate, up-to-date data on this website.
Unfortunately, it is not possible to ensure that it is completely free of errors and it may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some data may not be complete or current.
We have tried to display accurately shapes and colours of products on this web site. The colours and shape of any product shown on your computer monitor may however differ from the actual product.
We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update data at any time without prior notice. Prices and descriptive data or imagery are subject to change without notice.
Links to other sites
While visiting our website, you may be redirected to sites operated by our business partners or other third parties. This does not mean that we endorse these sites or make any representations or warranties about any website you may access through this website. They are independent from us, and we have no control over, or responsibility for their activities or the accuracy of information in their websites.
Disclaimer of liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided on an "as is" basis. Except as otherwise provided under applicable laws, we and our affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of our website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data, even if we are notified in advance of the potential for any such damages.
Except for data provided in relation to any purchases made on this web site, any data, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting them, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute them for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, data, suggestions, ideas or comments, or unless we first obtain your permission.
Some items on our website have a manufacturer's warranty; this is noted in the product description. To obtain a written warranty for any of these items, please send a specific written request to:
15/F Wellington Place
2-8 Wellington Street
Central, Hong Kong
Attn. Rene J Hodel
3. Governing Law and Jurisdiction
By visiting this website and/or using any services provided herein, you agree that the laws of the Hong Kong Special Administrative Region of the People's Republic of China will govern these Conditions of Use and any dispute howsoever arising in connection with this website.
Any dispute relating in any way to your visit to this website or to products purchased here shall first be resolved bona fide between you and us, and if unresolved be submitted to confidential arbitration in the Hong Kong International Arbitration Centre. Any arbitration under this agreement shall be conducted under the Hong Kong International Arbitration Centre Administered Arbitration Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Hong Kong. You consent to the exclusive jurisdiction of such courts.
STANDARD CONDITIONS OF SALE
The following terms apply to all offers, order acknowledegments, order acceptances provisions of sample goods or sales of any goods by Hodel (Hong Kong) Ltd.
Any additional of different terms proposed by Customer are not binding on us unless accepted by us in writing.
The prices quoted apply to this order only Subsequent orders will be regarded as new orders and prices may differ due to exchange rate movements or price increases.
We will arrange for delivery to your premises in Hong Kong or shipment to your country if you are outside Hong Kong and you will be liable for all fees and expenses incurred including, but not limited to, freight, storage and insurance, upon submission of our invoice. All risk of loss or damage to the goods passes to you on delivery in accordance with the foregoing. Partial deliveries shall be permitted.
Any complaint relating to goods sold must be received by us no later than 10 days after arrival of the goods of their destination. If we accept your complaint we will, at our option, improve or replace those goods to which the claim relates, or make on equitable adjustment to the purchase price.
The foregoing paragaph sets out the exclusive remedy for claims based upon defects in or nonconformity of goods sold, whether the action is based in contract, tort (including negligence), statute or otherwise. To the maximum extent permitted by law no warranty of any kind, whether written, oral, express, implied or statutory is provided in relation to the goods sold.
Unless otherwise agreed in writing, payment of the whole purchase price must be received by us on or before the due date indicated on this invoice. You agree to pay interest on any amount which is due under this Agreement but which remains unpaid at a rate equal to the standard banking rate (in Hong Kong) for debit balances as determined by us on monthly basis.
5. EXCUSABLE DELAY
We will not be liable for delays in delivery arising from breakdown, act of God, delay in the supply of materials, unforseable circumstances, acts of any governmental authority or any other cause beyond our reasonable control. In the event of any such occurrence the date of delivery or of performance will be extended for a period equal to the time lost by reason of the delay.
Any sample goods sent to you must be returned within the period specified by us at the time those samples are provided or, if no such period is specified, within fourteen days of your receipt of such sample goods. If samples are not returned to us in accordance with the foregoing you will be deemed to have purchased those goods and we will issue on invoice per our standard payment terms.
All smaples are provided on the following terms:
(a) We will arrange for delivery to your premises in Hong Kong or shipment to your country if your are outside Hong Kong and you will be liable for all fees and expenses incurred including, but not limited to, freight, storage and insurance, upon submission of our invoice.
(b) You assume all risk of loss or damage of or to the goods for the period between delivery to you in accordance with paragraph 6(a) and return to us in accordance with paragraph 6(c). During this period you agree to provide comprehensive insurance cover for the full value of the sample goods provided.
(c) The sample goods must be returned to us of our premises in Hong Kong, or otherwise as may be agreed by us. Return transportation and other costs of the return of sample goods (including, but not limited to, insurance) will be at your expense. All goods returned must be received in original condition. You agree to pay to us the full value of any goods which are returned other than in original condition, on submission of our invoice.
(d) Without limiting the generality of the above, you indemnify us against all costs, losses, damages or expenses incurred by us as a result of the provision of sample goods to you.
7. RETENTION OF TITLE
We retain all right, title and interest in and to goods sold until we have received payment in full of all amounts owed under this Agreement in relation to the goods sold. In cases where payment is made by bill of exchange or cheque, payment will not be deemed to have been received by us until such cheque or bill of exchange has been honoured.
You are not entitled to pledge or transfer ownership in goods until title to those goods passes to you.
You agree to, on our behalf, oppose seizure or requisition of goods in which we retain title. Should the goods be seized or requisitioned you will inform us immediately.
You agree to provide comprehensive insurance cover for the full value of the goods sold of a kind which is usual for this type of goods and for such period as title to those goods remains with us.
You irrevocably and unconditionally assign to us by way of security for your obligations under this agreement all right, title and interest in and to any claim that you may have on third parties which result from your resale of goods in breach of the terms set out above. Such security will automatically be released on our receipt of payment in full for the goods the subject of the claim to which the security interest relates.
8. OUR RIGHT TO WITHDRAW
If you fail to perform any obligation arising under this agreement or, if following delivery of the goods we form the opinion that you are not credit worthy or your credit worthiness has deteriorated, we reserve the right to either:
(a) request you to immediately return any goods sold or provided as samples; or
(b) require immediate payment for any goods sold independently of any other payment terms agreed to at the time of sale.
You fully indemnify us against all costs, losses, expenses or damages suffered or incurred by us as a result of any breach by you of the terms of this Agreement or your failure to comply with any relevant law.
10. LIMITATION OF LIABILITY
Our total liability on any claim, whether in contract, tort (including negligence) or otherwise, arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, replacement or use of any product shall not exceed the price allocable to the goods to which the claim relates.
In no event whether as a result of breach of contract, warranty, tort (including negligence and strict liability) or otherwise shall we be liable for any special or consequential damages including but not limited to, damages for loss of revenue, cost of capital, claims of customers for service interruptions, and costs incurred in connection with substitute facilities or supply sources.
The rights and obligations of the parties hereunder shall be governed in all respects by the laws of Hong Kong.
No waiver or modi?cation of this Agreement shall be binding upon us unless made in writing and signed by a duly authorised representative of Hodel (Hong Kong) Ltd.
Buyer may terminate an order only upon paying our termination charges. Termination of an order shall not relieve either party of any obligation arising out of work performed prior to termination.
We are under no obligation to accept returns goods whether such return is based upon a claim of breach of warranty or otherwise. Should we elect to accept a return, return transportation and other costs of the return will be at your expense. All products returned must be received in original condition.
You may not delegate or assign any or all ofyour duties or rights hereunder without our prior written consent and any such purported delegation or assignment shall be void.
The invalidity, in whole or in part, of any Article or Paragraph hereof shall not affect the validity of the remainder of such Article or Paragraph or of any agreement resulting herefrom.