Terms and Conditions of Sale
These terms govern business-to-business supply of drinkware by Mofe. They are written for OEM, ODM, private-label and wholesale orders. Where you and we have signed a separate supply agreement, that agreement prevails over these terms.
1. About these terms
These terms apply to all quotations, proforma invoices and sales by Mofe (“we”, “us”) to a business customer (“you”). Placing an order, or paying a deposit against a proforma invoice, means you accept them. The version in force is the one published when you place your order. Your own purchase-order terms do not apply unless we accept them in writing.
2. Quotations and pricing
- Prices are in US dollars unless the quotation says otherwise, and are quoted [EXW / FOB Shenzhen / FOB Ningbo] under Incoterms 2020.
- A quotation is valid for 15 days unless it states a different period. Stainless steel, aluminium and freight markets move, so prices may be revised before an order is confirmed.
- Prices exclude import duties, taxes, customs charges, and any testing or certification fees, unless the quotation lists them.
- Figures published on our website are indicative ranges for planning. They are not an offer and do not bind us.
3. Orders and acceptance
An order becomes binding when we issue a proforma invoice and you pay the deposit shown on it. The proforma invoice states the product, SKU, capacity, finish, decoration, packaging, quantity, unit price, Incoterm, deposit, balance, lead time and expected shipment window. Please check it carefully: what the proforma invoice says is what we make. Minimum order quantities per SKU and per decoration method are stated in the quotation or proforma invoice.
4. Payment
| Stage | Standard terms |
|---|---|
| Deposit | 30% of the order value with the signed proforma invoice, unless agreed otherwise |
| Balance | 70% before shipment, against the shipping documents, unless agreed otherwise |
| Tooling and moulds | 100% with the tooling order |
| Samples | 100% in advance; the sample fee is normally credited against a bulk order above the agreed quantity |
Fraud warning. We only accept payment by bank transfer to the account printed on our proforma invoice, or through a payment provider named on it. We never change bank details by email. If you receive an email telling you our account has changed, call +86 18979856137 to verify before paying.
Late payment may suspend production or shipment, and may attract interest at 1% per month or the maximum rate permitted by law, whichever is lower.
5. Samples and prototypes
- Sample lead time is normally 7–12 working days after we receive your logo files and the sample fee.
- The sample you approve defines the product (the “Approved Sample”). Bulk production is matched to it within the tolerances in section 8.
- Sample fees and courier costs are yours unless the quotation says otherwise.
6. Customisation, artwork and tooling
- You are responsible for the logos, trademarks, artwork and packaging designs you send us, and you confirm you have the right to use them. You will indemnify us against claims from third parties arising from them.
- We may decline artwork that is unlawful, infringing, offensive, or that we cannot reproduce to a commercially acceptable standard.
- Where we make or buy moulds, tooling or print screens specifically for you, ownership passes to you once you have paid for them in full. We store them free of charge for 24 months and will scrap them on your written request.
- Where tooling is developed jointly or is standard to our supply chain, it remains with us or our manufacturing partner.
- Changes to artwork after approval may add cost and lead time. We will quote them before doing any work.
7. Delivery, title and risk
- Delivery is made under the Incoterm stated on the proforma invoice. Where the term is EXW or FOB, risk passes at the point named in that term. Where the term is CIF, CIP or DDP, we arrange the carriage and, where quoted, the duty.
- Lead time is normally 25–40 days after deposit and artwork approval. It is a good-faith estimate, not a guaranteed date. Chinese New Year and the 1 May and 1 October holidays reduce factory capacity, so please plan around them.
- Dates may move because of carrier space, port congestion, customs inspection, or a force majeure event as described in section 14.
- Partial shipments are permitted where the proforma invoice says so.
8. Quality, tolerances and inspection
- Products are made to the specification and the Approved Sample. Normal drinkware tolerances apply: capacity plus or minus 5%, overall dimensions plus or minus 2%, colour within a reasonable visual match to the approved standard, and decoration registration plus or minus 1 mm.
- If you need pre-shipment inspection by a third party such as SGS, Bureau Veritas, Intertek or QIMA, tell us before production starts. We will support the inspection; the inspector’s fees are yours.
- Unless we agree otherwise, we inspect to an AQL of 2.5 for major defects and 4.0 for minor defects, at general inspection level II.
9. Claims
- Inspect the goods on arrival and report any shortage, damage or non-conformity in writing within 15 days of arrival at destination, with photographs, carton and batch numbers, and the quantity affected.
- For concealed defects that could not reasonably have been found on arrival, the window is 30 days.
- Claims raised after those windows, or relating to goods that have been used, filled, printed, sold on or altered, may be declined.
- Our remedies, in order of preference, are: replacement of the affected units in the next production run; repair or rework; a credit note; or a refund of the price paid for the affected units. We may ask for the units to be returned at our cost, or scrapped with photographic evidence.
- Our total liability for any order is limited to the invoice value of the goods supplied under that order.
10. Cancellation and changes
- You may change or cancel an order before we buy materials or start production at no charge, other than artwork or sampling costs already incurred.
- Once materials are purchased or production has started, cancellation is charged at the evidenced cost of materials, tooling, work in progress and unrecoverable freight, plus a 10% administration fee. Goods already completed are payable in full.
11. Intellectual property
Your logos, trademarks and designs remain yours. Our designs, technical drawings, tooling concepts and catalogue photography remain ours. We will only show photographs from your order in our portfolio or on social media where the design is private-label and does not disclose your brand, or where you have given written permission.
12. Confidentiality
Each party will keep the other’s non-public commercial information confidential and use it only for the order in hand. This obligation survives the end of the trading relationship for three years. Product specifications that are publicly known are not confidential.
13. Compliance, restricted substances and export
- On request, products can be supplied to meet the requirements of the destination market — for example FDA food-contact rules and California Proposition 65 for the United States, EU food-contact regulation and LFGB for the European Union or Germany, and equivalent regimes in Australia, Brazil and the Gulf states. Please state the destination market and any certification requirement on the proforma invoice, because compliance testing adds cost and lead time.
- You are responsible for obtaining any import licence and for paying duties and taxes, unless a delivered term such as DDP states otherwise.
- Both parties will comply with applicable export-control, sanctions, anti-money-laundering and anti-bribery laws. We will not supply where doing so would breach those laws.
14. Force majeure
Neither party is liable for delay or failure caused by events outside its reasonable control, including natural disasters, epidemics or pandemics, war, sanctions, government action, port or customs disruption, strikes, power cuts, or shortages of raw materials. The affected party will notify the other promptly, and the affected deadline is extended by the duration of the event.
15. Limitation of liability
To the extent the law allows, neither party is liable for lost profit, lost goodwill, loss of business, or indirect or consequential loss. Our total liability for any order is limited to the invoice value of the goods in that order. Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
16. Suspension and termination
Either party may end the trading relationship on 30 days’ written notice. Orders already in production must be completed and paid for. We may suspend an order if payment is overdue by more than 15 days.
17. Governing law and dispute resolution
These terms are governed by the laws of [COUNTRY]. The parties will first try to settle any dispute through good-faith negotiation between senior representatives for 30 days. If that fails, the dispute will be decided by the courts of [CITY / COURT], or by arbitration in [CITY] under the rules of [ARBITRATION BODY]. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
18. General
- If any provision is found to be unenforceable, the rest of these terms remain in force.
- A failure to enforce a right is not a waiver of that right.
- You may not assign an order without our written consent. We may use subcontracted manufacturing partners.
- These terms, together with the proforma invoice and the Approved Sample, form the entire agreement for an order.
- Notices are valid if sent by email to the addresses used in the order.
19. Contact
Mofe, China · sky@mofecup.com · +86 18979856137
