1.These Conditions

a) Agreement by which 8 Ways (HK) Ltd. (the Seller) agrees to supply goods to the Customer shall be subject only to these Conditions notwithstanding any variation or attempted variation of these Conditions made by the Customer in its order form or otherwise.  The making of an order by the Customer for the goods supplied by Seller shall for all purposes be deemed to be of acceptance by the Customer of these Conditions to the exclusion of any other terms and conditions. Any brochure or website in which these conditions are incorporated shall constitute an invitation to treat by Seller and any order placed by the Customer shall constitute an offer for goods incorporating these Conditions made by the Customer which Seller in its discretion accept in writing or by telephone, fax or E-mail. No cancellation of an order by the Customer shall be valid unless made in writing and accepted in writing by Seller.
b) No variation of these Conditions is permitted unless expressly accepted in writing by a Member of the Board of Seller.

2. The Goods

Subject to the warranty contained in Clause 5a, all descriptions, drawings and particulars relating to the goods in any catalogues, leaflets, brochures, other documents and electronic media, are for illustrative purposes only and do not form part of the agreement between Seller and its Customer. All representations as to performance of the goods are based on information supplied by the manufacturer of the goods and relate to the performance in normal conditions and when used correctly.

 3. Prices and Payments

This price list replaces all previous price lists, is quoted subject to stock availability and may be changed without notice, or in accordance with your specific requirements.                                                                                   Prices are exclusive of Sales Tax, all local taxes, fees or any other government charges now in force or enacted in the future.                                                                          
Unless otherwise agreed by the Seller in writing, the price for the goods shall be the FOB price set out in the Seller’s price list or on the website.
While trying to ensure that all prices on the Seller website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you immediately and give you the option of cancelling your order or reconfirming it at the correct price. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
For international orders (outside HK), all import duties and taxes for the goods entering your country are your responsibility to pay, so please find out the applicable rates of your country before ordering.                                                                        

4. Terms of Payment  
Unless otherwise stated, all payments are to be made to Seller’s address as stated on the Invoice.
Terms of payment will be agreed once the specification, quantity and timing of your order/delivery is agreed.
Funds for your payment should be transferred at the appropriate time to our bank:

Bank HSBC Bank
Branch: Hopwell Centre Branch
Account number: 048421358838

Payable to: 8 Ways (HK) Ltd

No goods will be produced, released or supplied until all agreed payment criteria is met.

5. Warranty and Liability

a) Seller undertakes to credit the account of the Customer (if any) or to remedy free of charge by repair or replacement any defects in the goods covered under the manufacturer’s guarantee provided that the Customer arranges for the prompt return to Seller of the defective goods at the Customer’s risk and expense. Seller reserves the choice of repair/replacement or credit. Credit notes issued by Seller are not redeemable for cash.
b) Seller shall not be liable for any financial consequential, indirect or direct loss suffered by the Customer or any third party whether such loss arises from a breach of a duty in contract or tort in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, damage to the property of the Customer or anyone else.
Seller will not be liable for any loss, damage or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of the Seller, including but not limited to, supplier delay, force majeure, acts of God, labour, unrest, explosion or earthquake. In any such event the delivery date will be deemed extended for a period equal to the delay.
c) To be valid any claim against Seller whether in contract or in tort must be brought within 6 months of the date of invoice and any such claim shall be limited to an amount by way of liquidated damages equal to the invoice value of the goods in respect of which the claim is made.                                                                                                 
d) Seller liability arising out of the Contract and or sale is limited to the purchase price paid by Customer and in no event will Customer be liable for any costs of procurement of substitute goods or services by the Buyer, or for any special, consequential, incidental or indirect damage, loss or expense (including without limitation loss or profit) relating to or arising out of this agreement, whether the claim is based on contract, negligence, or any other theory of law or equity, under any circumstances whatsoever even if the Seller has been advised of the possibility of such damage. Loss or expense without limitation includes any liability that may arise out of third party claims against Seller. These limitations shall apply notwithstanding any failure or essential purpose of any limited

6. Customer’s duty to give timely notice of Seller’s Breach 
Customer agrees to notify Seller in writing within fourteen (14) days of Customer’s discovery of any defective performance, failed performance or other breach of this agreement by Seller. Failure of Customer to provide such notice to Seller within this specified period shall constitute a waiver of the defective or failed performance or other application breach by 8 Ways (HK) Ltd.
7. Intellectual Property Rights 
Seller retains all intellectual property rights in and to all designs, engineering details and other data pertaining to any goods it has registered.
8.  Retention of Title

a) Notwithstanding risk in the goods passes to the Customer in accordance with Clause 13c of these Conditions the goods shall remain the sole and absolute property of Seller and title to and legal and equitable ownership of the goods shall not pass to the Customer until final payment is received by Seller of all monies due from the Customer to Seller in respect of all goods supplied by Seller to the Customer and the Customer acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary for Seller.
b) The Customer is licensed by Seller to use or agree to sell the goods provided that the entire proceeds or any sale of such goods are held in trust for Seller and are not mixed with other monies or paid into an overdrawn bank account and shall at all times be identifiable as Seller money.
c) Until title of the goods passes to the Customer the goods shall be kept separate and distinct from all other property of the Customer and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to Seller and the Customer will not cause or permit or suffer any labels, badges, serial numbers, or any other means of identification of the goods to be removed or obscured.
d) Seller may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

9. Waiver

If the Customer shall be in breach of any of these Conditions then failure by Seller to require the Customer to rectify the same shall not create any assumption that such a breach has been waived by Seller.

10. Notices

All demands, notices and other communications shall be in writing and addressed to Seller at its address shown in invoices delivered by it and to the Customer at the address given by it for the delivery of invoices (or as subsequently notified by one or the other in writing) and shall be deemed to be duly given or made by letter 48 hours after being posted by first class postage pre-paid or if delivered by hand at the time of delivery or if given or made by fax or E-mail when the sender shall receive the answer back of the person to whom it was sent.

11. Law and Jurisdiction
These terms and conditions are governed by and shall be construed in accordance with English law and the Customer and Seller irrevocably submit to the exclusive jurisdiction of the English courts.
12. Exclusion of Third Party Rights
The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.