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Terms and Conditions

  1. Scope
  2. a) These Terms and Conditions are applicable to all purchase contracts for materials such as plastic waste, non-ferrous metals, renewable energy components, and industrial equipment with Jinlin Trading Co. Ltd. These conditions exclusively apply, and Jinlin Trading Co. Ltd. does not accept alternative conditions from the Contract Partner, unless expressly acknowledged in writing. These conditions extend to all future contracts/deliveries from the Contract Partner, even without express agreement.
  3. b) In case of discrepancies between these Terms and Conditions and the mutually agreed contract, the contract provisions shall prevail.

 

  1. Contract Confirmation

The contract with Jinlin Trading Co. Ltd. is binding, irrespective of the Contract Partner’s countersignature. However, a signed contract must be returned by the Contract Partner to Jinlin Trading Co. Ltd. within 14 days for documentation and regulatory purposes.

 

  1. Customs Clearance

The Contract Partner must ensure export customs clearance using the appropriate customs tariff number as per national laws. Import customs clearance requires specific documents including invoice, transport documents, packing list, and certificate of preferential origin if applicable.

 

  1. Notification / Documentation
  2. a) At delivery or pick-up, the Contract Partner must provide all necessary documents per legal or contractual stipulations.
  3. b) Safety Data Sheet provision is required before contract conclusion.
  4. c) Contract and reference numbers must be noted on all relevant documents, with a detailed packing list mandatory.
  5. d) Jinlin Trading Co. Ltd. reserves the right to reject deliveries with insufficient or incorrect documentation, with the Contract Partner liable for resulting costs.
  6. e) Advanced shipping notice is mandatory, with the Contract Partner responsible for coordinating delivery schedules.
  7. f) Any sampling activities beyond contract agreements must be communicated in advance.

 

  1. Declaration

The Contract Partner is responsible for ensuring compliance with REACH regulation, waste shipment notification, and proper declaration of dangerous goods and hazardous materials. Failure to comply may result in liability for associated costs.

  1. Confidentiality

Confidential information must be kept secret and not disclosed without prior written consent.

 

  1. Transport, Packaging, Load Securing and Unloading
  2. a) Proper packaging as per contract terms is essential, with Jinlin Trading Co. Ltd. reserving the right to charge for deviations.
  3. b) Each truck or container should carry only one quality of waste or scrap material, clearly marked and separated if multiple qualities are agreed upon.
  4. c) Material must be stowed securely and compliant with traffic and safety regulations.
  5. d) Shipping in 20-foot containers is required, with rejection of 40-foot containers possible.
  6. e) Agreed detention/demurrage terms must be confirmed in writing with the shipping company.
  7. f) Vessels used for shipment must comply with ISPS Code requirements.
  8. h) Electronic Bill of Lading issuance is mandatory where applicable.

 

  1. Transfer of Risk and Ownership
  2. a) Risk transfers to Jinlin Trading Co. Ltd. upon material acceptance at the receiving plant, unless otherwise agreed.
  3. b) Material ownership rights expire upon acceptance at the receiving plant, with rejection possible for late deliveries.

 

  1. Insurance

If agreed, Contract Partner must insure transport risks until arrival at the destination point, with insurance certificates provided to Jinlin Trading Co. Ltd. before vessel arrival.

 

  1. Taxes and Duties / Price
  2. a) Contract Partner is responsible for taxes, duties, and related charges unless otherwise agreed.
  3. b) Prices exclude VAT, with Jinlin Trading Co. Ltd. reserving the right to reject non-compliant invoices.

 

  1. Exchange of Assays

Assays are exchanged independently, with provisions for discrepancies and umpire involvement in case of significant differences.

 

  1. Volumes / Quality / Non-conformance
  2. a) Excess, reduced, or partial deliveries are not permitted unless agreed upon.
  3. b) Contract Partner must supply material strictly according to contractual specifications.
  4. c) Material quality deviations may result in contract termination.

 

  1. Weighing, Estimation, Sampling, Moisture

Final settlement relies on weighing at the receiving plant, with estimation or sampling subject to specific conditions.

 

  1. Conversion Factors

Conversion factors for weight and volume measurements are specified.

  • 1 metric ton (mt) = 1,000 kilograms (kg)
  • 1 kilogram = 2.20462 pounds (lbs.)
  • 1 troy ounce = 0.0311035 kg

 

  1. Indemnity and Liability

Indemnity claims are unconditional, with liability determined by the degree of fault.

 

  1. Compliance and Sustainability

Contract Partner warrants compliance with laws, regulations, and sustainability standards, with failure to comply constituting a significant violation of the contract.

 

  1. Rights Related to Product Defects

Jinlin Trading Co. Ltd. holds warranty rights, with a statute of limitations of 24 months for defect claims.

 

  1. Rights of Third Parties

Contract Partner warrants the absence of third-party claims.

 

  1. Offset Rights, Rights of Retention and Assignment

Offset and retention rights require uncontested counterclaims, with written consent for claim assignment.

 

  1. Force Majeure

Contract obligations are suspended in cases of force majeure, with the contract extended for the duration of the event.

 

  1. Place of Jurisdiction, Applicable Law

Place of jurisdiction is Yantai, with Chinese law applying unless otherwise agreed upon.