Terms and conditions
United Diesel Services Co, Ltd. Terms and Conditions of Sale
The following terms and conditions (these “Terms”) apply to your purchase of products and services (each, a “Product”) from United Diesel Services Co, Ltd. (“United Diesel”) through this website (this “Website”). Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These Terms must be read with this Website’s general terms and conditions (“General Terms”), and the terms of any purchase order, quotation or invoice, and of any Product purchased by or licensed to you. By submitting your order, you acknowledge that you have read, accepted and agreed to be bound by these Terms. These Terms are subject to modification by United Diesel without prior written notice at any time, in United Diesel’s sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to United Diesel.
1. Price and Payment Terms
The total price and all other related charges for Products will be set out in your purchase receipt. Prices offered or advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay. United Diesel will also provide confirmation of your order to the email address you provided during your registration process.
All payment and credit terms are within United Diesel’s sole discretion and will be as specified during your purchase process. Unless otherwise specified, payment must be made in full and received by United Diesel prior to United Diesel’s acceptance of an order for Products. If United Diesel permits and agrees to credit terms, invoices are due and payable within thirty (30) days after the date of the invoice, or such other period as agreed by United Diesel during the order process. United Diesel may invoice parts of an order separately. Any price estimate or quotation provided by United Diesel will only be valid for the period stated for the estimate or quotation.
Advertisements on this Website are invitations to you to make offers to purchase products and services and are not offers to sell. A properly-completed order on this Website by you constitutes only your offer to purchase the Products in your order, even if United Diesel has processed payment for such offer. Your order will be accepted only if and when United Diesel sends a shipping notice email to the email address you provided during your registration or order process. If United Diesel does not accept your order in whole or in part, United Diesel will refund any amounts paid by you to United Diesel for the order or part of the order not accepted.
Any price offers or advertisements given by United Diesel will be valid for the period stated on the offer or advertisement, except that United Diesel reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement.
You are responsible for any applicable goods and services and harmonized sales taxes, and all other taxes or government fees associated with your order. Separate charges for taxes if any, will be shown on the order invoice.
2. Shipping and Title
United Diesel will arrange delivery of the Products to your address using the process set out in your order, or otherwise any other carrier selected by United Diesel. Orders for multiple Products may be shipped separately. Title and risk of loss for Products passes to you upon payment in full for the purchase price.
If you are unable to pay for the order within the time stipulated, United Diesel retains the ownership to and full right of disposal of the Products (regardless of which party is has possession and control of the Products). Unless expressly set out in your order, United Diesel does not provide insurance on Products during delivery. If your order is shipped by a carrier selected by you, you acknowledge that United Diesel recommends that you obtain insurance for the shipment.
The costs of shipping and handling will be shown on your purchase receipt. United Diesel will inform you of shipment dates. You must check shipment immediately upon receipt of delivery to confirm the quantity of Products received. For any discrepancies, you must contact us in writing no later than two (2) weeks following receipt of your shipment.
For orders shipped by a carrier selected by United Diesel and subject to Section 10 (Force Majeure) below, if delivery occurs later than guaranteed date in our order confirmation, and provided such delay is not the result of circumstances for which you are responsible, United Diesel agrees that you are entitled to liquidated damages in an amount equivalent to 0.5% of the price for the delayed Product, ordered for each full week of delay. The maximum liquidated damages shall never exceed 5% of the price for the delayed Product order. United Diesel shall have no further liability to compensate you in the case of a delayed shipment where the carrier was selected by us.
3. Returns and Exchanges
To return Products, you must contact United Diesel to request an RMA number and ship the Products to United Diesel in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. You agree to pay any applicable import fees or taxes if any, associated with the return of any Products. United Diesel will not ship a replacement or exchange until the returned Product is received. The returned package must contain a copy of an original purchase receipt that shows the price of the returned Product(s).
Refunds on offers or purchases made with a credit card will only be credited to the same card.
All returns and exchanges are subject to United Diesel’s Limited Warranty under Section 4 below.
4. Limited Warranty and Disclaimers
United Diesel warrants to the original purchaser of each Product that such Product will be free from defects in materials or workmanship from the date of delivery for a period of twelve (12) months, unless otherwise specified by United Diesel prior to purchase.
During this warranty period, United Diesel will, at its option, repair or replace defective Products. You will be responsible for any dismantling and reassembly necessary in connection with such repair or replacement.
Notwithstanding the foregoing, damage due to shipping the Products to you is not covered under this warranty. This limited warranty does not cover damage due to external causes, including without limitation normal wear and tear, faulty installation, accident, abuse, misuse, or use or maintenance not done in accordance with Product documentation. This limited warranty also does not cover damages where repair to the Product has been attempted by you or a third party without United Diesel’s prior written authorization.
United Diesel will repair or replace Products that do not conform to this Section 4 which are returned to United Diesel in accordance with Section 3 above. If United Diesel repairs or replaces any Product, its warranty term is the lesser of (i) one (1) year from date of such repair or replacement, and (ii) two (2) years from the delivery date of the original Product.
THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNITED DIESEL DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF PRODUCTS,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY UNITED DIESEL, ITS AGENTS OR EMPLOYEES WILL CREATE A REPRESENTATION, WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
UNITED DIESEL’S SOLE LIABILITY AND RESPONSIBILITY FOR DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS SECTION 4. UNITED DIESEL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OR SUPPLY OF PRODUCTS, UNITED DIESEL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OR SUPPLY OF THE PRODUCT GIVING RISE TO THE LIABILITY. WITHOUT LIMITING THE GENERALITY OF THIS SECTION 4, UNITED DIESEL DOES NOT PROVIDE ANY WARRANTIES OR CONDITIONS FOR ANY SOFTWARE PRODUCTS UNDER THESE TERMS.
SOME JURISDICTIONS DO NOT PERMIT SOME OF THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
THE TOTAL AGGREGATE LIABILITY OF UNITED DIESEL FOR ANY LOSS, DAMAGE OR COMPENSATION WHATSOEVER ARISING OUT OF UNITED DIESEL’S PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS, INCLUDING LIQUIDATED DAMAGES, SHALL NEVER EXCEED AN AMOUNT EQUAL TO FIFTEEN PERCENT (15%) OF THE TOTAL PRICE FOR THE PRODUCTS ORDERED THAT GAVE RISE TO SUCH LIABILITY. FOR THE AVOIDANCE OF DOUBT, SUCH LIMITATIONDOES NOT INCLUDE UNITED DIESEL’S OBLIGATION TO REFUND THE PURCHASE PRICE OR THE OBLIGATION TO REPLACE OR REPAIR ANY NON-CONFORMING COMPONENT PART OF THE PRODUCTS IN ACCORDANCE WITH SECTION 4 ABOVE.
6. Entire Agreement
These Terms set forth the entire agreement of the parties with respect to its subject matter. These Terms may not be altered, supplemented or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Products that are subject to additional or altered terms and conditions will be null and void. These Terms may be changed by United Diesel at any time, in its sole discretion without prior notice, with respect to any future sales or transactions with you.
8. Governing Law, Disputes and Language
These Terms and the subject matter of these Terms and all related matters will be governed by the laws of the People’s Republic of China, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the U.S. Uniform Commercial Code, and excluding any conflict of laws rules.
To the extent permitted by applicable law, unless United Diesel agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Products, this Website, the General Terms and these Terms (each, a “Claim”) will be determined by final and binding arbitration to the exclusion of the courts in accordance with the rules and procedures of the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing. The arbitration shall be conducted before a panel of three arbitrators. Each party shall appoint one arbitrator, and the third arbitrator shall be appointed by the Chairman of CIETAC. The arbitration award shall be final and binding upon both parties. The foregoing does not, however, preclude United Diesel from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
Except as explicitly stated otherwise, any notices will be given to United Diesel by email correspondence and to you to the email address you provide to United Diesel during the sale or registration process. Notice will be deemed given twenty-four (24) hours after the email is sent.
10. Force Majeure
Should either party be reasonably prevented from performing their respective obligations under these Terms and Condition of Sale due to a Force Majeure event, such as flood, fire, war, boycott or sanctions, strike, epidemic and all the other object circumstances that are unforeseeable, unavoidable and insurmountable by the parties hereto, the time to perform such obligation should be extended by a period equivalent to the period of force majeure. The prevented party should inform the other party as soon as possible by email, fax and by registered mail. Should the Force Majeure event continue for a period of more than six (6) months, either party may terminate all uncompleted obligations under these Terms by written notice to the other party without incurring any obligation to compensate the other party.
The relationship between United Diesel and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of this Website. The failure of United Diesel to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible.
12. Customer Support and Information
Please contact us for assistance with questions about your purchase, shipment, warranty service and any exchanges, returns, cancellations or transfers, or to change your address or to inquire about orders, bills and invoices.
Effective as of October 22, 2020