TERMS & CONDITIONS OF SALES
IMPORTANT – READ CAREFULLY: BY PURCHASING A CUSTOM EASY PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION.
The terms (“Agreement”) govern the sale of Custom Easy goods (“Products”) between Custom Easy and the Buyer (“Buyer”). This document acknowledges receipt of the Buyer’s order by Custom Easy, and confirms the sale of Product evidenced by the invoice as expressly conditioned on the Buyer’s acceptance of the terms and conditions set forth herein.
Art 1. PRICES
All published price are subject to change without notice. Written quotations shall expire fifteen (15) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only. Unless otherwise specifically stated, price are in U.S. Dollars.
Art 2. TERMS OF PAYMENT
- Deposit – On orders requiring a deposit, Buyer must make a deposit equal to the amount specified Custom Easy at the time of order. Reservation number and delivery estimates are provided at the sole discretion of Custom Easy. Deposit payment must be remitted via wire transfer or PayPal payments. Custom Easy reserves the right to reject any order. Custom Easy will credit or refund any payments if Custom Easy rejects the order.
- Method of Payment – Payment may be made by wire transfer or PayPal. All orders are payable in U.S. Dollars (USD).
- Standard Payment Terms – All orders must be paid in full prior to shipment via wire transfer or PayPal. Custom Easy has the right to refuse any order, even after accepting payment or partial payment for such order. Custom Easy will credit/ refund any such payment made by the Buyer, if Custom Easy rejects the order. Once Buyer has been notified that a product is allocated to them, the Buyer must have sufficient funds in Buyer’s account to cover the cost of the Product or remit payment in full within five (05) business days, or the order will be cancelled. All cancelled orders must be re-ordered (order positions based on re-order date.).
- Balance Payments – Buyer must pay the full remaining the balance of the invoice before order will be processed for shipment. Full balance payment must be made within five (05) business days of order confirmation or the order will be cancelled and the product allocated to the order will be released back to open inventory and maybe unavailable thereafter. Balance payments may be remitted via wire transfer or PayPal payment. Custom Easy reserves the right to reject any orders. Custom Easy will credit or refund any payments made if Custom Easy rejects the order.
- Leasing – At this time, Custom Easy does not offer any leasing options for Custom Easy products.
Art 3. DELIVERY AND ACCEPTANCE
Unless otherwise provided by Custom Easy in writing, all Product shipments shall be made Carriage Paid to Destination (CPT) from the Custom Easy facility at Binh Thanh District, Ho Chi Minh City, Vietnam, at which time the title, risk of loss or damage shall pass to the Buyer when the products are transferred to the carrier. Buyer shall be the importer of record for all purchased products, if applicable. Licensing requirements for importation to non-Vietnam countries is the sole obligation of the Buyer. In the absence of specific shipping instructions from the Buyer, Custom Easy will ship by the method it deems, in its sole discretion, most advantageous. Transportation charges will be collected prior to shipment. Unless otherwise specified, products will be shipped in standard commercial packaging. When special packaging or export instructions are requested by the Buyer, any additional cost will be the responsibility of the Buyer. Custom Easy reserves the right to reject certain shipping or packing methods. All sales where Buyer opts to use Buyer’s preferred freight forwarder, the shipments will be made “ex works” (Incoterms 2010) from Custom Easy’s facility, Binh Thanh District, Ho Chi Minh City, Vietnam. Custom Easy shall use reasonable efforts to notify Buyer of any anticipated delays in delivery. Custom Easy will not be liable for any loss, damages or penalty resulting from delay in delivery. Acceptance of the Product by the Buyer shall occur no later than fourteen (14) days after receipt of Product. Product not rejected during this fourteen-day period shall be deemed accepted, and all returns shall be handled in accordance with Section 7 (Returns). Product cannot be rejected by Buyer based on criteria that were unknown to Custom Easy or based on test procedures that Custom Easy does not conduct.
Art 4. RESTRICTIONS ON USE
Buyer will not cause or permit the modification or reverse engineering of software, electronics or sealed components of Custom Easy Product without express written consent from Custom Easy. Buyer will not develop or use non-Custom Easy approved products or software that plug into or directly affect the function or performance of Custom Easy Product without express written consent from Custom Easy. Buyer will not cause or permit any reverse engineering of Custom Easy Product. Buyer will not provide repair services for Custom Easy Product without the express written consent from Custom Easy. Buyer will not use Custom Easy’s trademarks, including as part of a domain or company name or in keywords or online search optimizations, without the express written consent from Custom Easy.
Art 5. WARRANTY
Custom Easy offers 1 year warranty for its products. Items which are covered by the warranty period will be replaced at no cost to the customer. Replacement parts of the product will be provided at nominal cost (covering the cost price of the replacement parts only) to the customers after the Warranty Period has expired. We will cover the complete cost of sending replacement parts within the warranty period. After that, Nominal & Actual shipping cost will be required.
Art 6. RETURNS
In the unlikely event, you are dissatisfied with your purchase you may return it in its original condition within 14 days. Extra charges, for example, return delivery cost, customs charges or any other order clearance charges are the responsibility of buyer. Only the product cost will be refundable.
Shipping cost is non-refundable. If any extra charges as mentioned above are applicable on the return shipment, these will be deducted from the product cost before proceeding with the refund. We are 100% committed to our money back guarantee as stated above.
Art 7. LIMITATION OF LIABILITY
IN NO EVENT SHALL GREMSY OR ITS LICENSORS BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY), EVEN IF CUSTOM EASY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CUSTOM EASY’S OR ITS LICENSORS’ LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO CUSTOM EASY FOR SUCH PRODUCT. NOT WITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL CUSTOM EASY ’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY BUYER TO CUSTOM EASY FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL CUSTOM EASY OR ITS LICENSORS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN NO EVENT WILL CUSTOM EASY OR ITS LICENSORS BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
Art 8. INDEMNIFICATION
Buyer shall indemnify, defend, and hold Custom Easy and Custom Easy’s officers, agents, other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused by Buyer’s misuse of the product or by the negligent or willful acts or omissions by the Buyer, or (ii) based on any breach of this Agreement by Buyer.
Art 9. PROPRIETARY INFORMATION
Custom Easy retains itself and its licensors all proprietary rights, including without limitation all patent, trademark, trade secret, copyright and other intellectual property rights in and to all Custom Easy designs, manufacturing processes, engineering details, and other data pertaining to any Product sold except where the rights have been assigned pursuant to a written agreement with a corporate officer of Custom Easy. The Products are offered for sale and sold by Custom Easy on the condition that such sale does not convey any right, express or implied, stated or otherwise, under any intellectual property or manufacturing process. Custom Easy and its licensors expressly reserve all intellectual property rights in the product. Without limiting the foregoing, all software included in the Products (including any updates to such software provided to Buyer, if applicable) is licensed to Buyer, not sold, and Buyer shall not transfer any such software apart from the Product, or modify, decompile, disassemble or reverse engineer or otherwise attempt to derive the source code of such software.
Art 10. TAX
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by Buyer
Art 11. NON-WAIVER
Failure of Custom Easy to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any subsequent default of terms and conditions thereof.
Art 12. LAW GOVERNING AND EXCLUSIVE JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of Vietnam. By adhering to these Terms and Conditions, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Vietnam.
Art 13. FORCE MAJEURE
Custom Easy shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Custom Easy. Quantities are subject to availability. In the event of shortage, Custom Easy may allocate sales and deliveries in its sole discretion.
Art 14. HEADING
The section headings used herein are for convenience only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Art 15. SEVERABILITY
If any of the terms and conditions of this Agreement are held to be invalid under any applicable status or rule of law, they are, to that extent, deemed omitted.
Art 16. ENTIRE AGREEMENT
These terms and conditions constitute the entire and exclusive agreement between Buyer and Custom Easy concerning the products and Buyer’s purchase hereunder and supersedes any and all statements or other agreements, whether written or oral, between Buyer and Custom Easy.
You can review the most current version of the Terms and Conditions of Sale at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of access to our website following the posting of any changes to these Terms and Conditions of Sale constitutes acceptance of those changes.