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Terms & conditions Home >> Terms & conditions

Sales Terms and Conditions

Standard Accounts Application

Any legal adult can apply for a standard buyer account.
Our website always welcomes buyers.
http://www.ema-tec.com
For security reasons, EMA TEC may manually verify certain new account applications prior at the account activation.
Buyers must have an active account to place order.

Distributor Application

If you have a proven business record, then you are qualified apply for a distributor account. A distributor account enjoys privileges of a dedicated sales manager, prioritized support, and a more competitive product pricing schedule.

Placing an Order

Regardless of whether the order was placed through the website or through contact with our sales representatives, order details and tracking are always available by checking

Order Lead Time

Samples - about 7 days
Small orders - 3-6 working days
Medium and large orders - please feel free to contact us
Shipping times provided as a guide only.
Buyers should inform EMA TEC in advance when restricted to meet the TOD (Time of Delivery).

Changing an Existing Order

Orders can be changed before they are processed.
No item can be removed and no quantities deduction can be accepted for fully paid orders or orders under processing.
Adding new items or increasing quantities can be accepted.
Order changes results in postponed shipping date.
Buyers should contact the sales representatives for order changes.

Order Cancellation

EMA TEC will cancel unpaid orders or orders without confirmation of details such as shipping address, buyer's identity, payment issues, and product availability.

Buyers can cancel a paid order before the processing and the get a full refund (deducted fees) via the original form of payment.

Be aware of the product description, features, and technical specifications before placing an order. EMA TEC advises buyers to place a sample order before a large order. EMA TEC should be well informed of the necessary technical details in written form with product pictures to avoid the product specification dispute.

Minor Product Specification Discrepancy

Buyer agrees that EMA TEC can ship products with different packaging or color unless the buyer explicitly indicates the products color or packaging requirement in their order comments.

Order with Custom-designed Products

Custom-designed products includes but not limited to custom logos, packaging, software, firmware, casings, printed circuit boards, accessories, chipsets, other hardware designs, user guides and other printed materials. Orders with custom-designed products generally cannot be cancelled and are non-refundable after the order processes begin. Customers placing large orders in custom-designs are strongly advised to talk with one of our sales representatives and put detailed product specification in agreement beforehand.

Limitation of Liability

Buyer agrees that the sole and exclusive maximum liability to EMA TEC shall be the price of the product ordered. In no event shall EMA TEC, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to sold products.

Account Cancellation

Customers can request to have their account cancelled at any time provided that there are no open or pending orders, and no unresolved issues. Cancelled accounts can be re-activated at any time at the customer's request. Customers can also request to have all order history and customer information permanently removed from all EMA TEC servers. Once an account has permanently removed from EMA TEC's servers, account re-activation is impossible, and all former account privileges may not be re-issued if the customer creates a new account afterwards.

Payment Terms and Conditions

Payment Methods
EMA TEC  accepts wired transfer (T/T),  Western Union and letter of credit (L/C).

Processing Orders

Unless otherwise specified in the order, no order will be processed until payment is made according to the payment terms set forth in the order. Orders that are pending for payment for over 3 working days may be automatically cancelled unless buyers explicitly request to keep them open.

Transaction Limits

Wired transfer (T/T) has no transaction limit.
The transaction limit of other payment methods:
US$100,000 minimum for Letter of credit (L/C)
US$5,000 maximum for Western Union

Payment Clearance Time

1. Bank transfer T/T - 1-2 working days
2. Western Union - 1-2 working days
3  E-Check - 4-7 working days

Typical payment clearance time is estimated only and may vary depending on payment processors.


Price Validity

All price quotes have a validity period. If it is not specified, the default validity period is 1 week. Payment made after the valid period may be subjected to a significant price adjustment to align with the manufacturing cost. Once an order has been placed, buyers are recommended to make prompt payment as some products are subjected to frequent price fluctuations.

Unless agreed otherwise by EMA TEC and the buyer,  EMA TEC reserves the rights to change any price at any time before the order is secured by initial payment.

Payment & Account Balance

Unless specified otherwise in the order, the default payment term is full payment in advance. For orders of large quantity, buyers who demonstrate good payment history from previous purchases from EMA TEC may choose to pay a deposit first + remaining balance before shipment. Any remaining balance must be fully paid within 2 weeks from the date when the order is ready to ship. Failure to pay the remaining balance will be treated as repudiation. Buyers who show verifiable credit records from approved countries and have long relationships in good standing may be qualified for applying for revolving credit accounts.

Transaction Fees

There is no transaction fee for most orders placed via our online order system. Wired transfers (T/T) less than US$500 may incur a US$9 transaction fee. Buyers are responsible for all fees charged by their local banks or western Union agents.

Default in Payment

If buyers become default in payment, EMA TEC, at its discretion, may defer the order shipment and delivery until the default is resolved, or may treat the default as repudiation by buyers, resell the goods and may hold buyers liable for such damages that EMA TEC may incur, including consequential and incidental damages. All paid deposits by buyers may be forfeited.


Shipping Terms and Conditions

Shipping Methods

We will normally use express couriers (UPS, FedEx and DHL), air freight and ocean freight for deliveries. Post office express (EMS) and regular air mail are available for small or sample orders. Buyers are welcome to use their own couriers or freight forwarders, but should state this clearly when placing orders.

You will be informed if any of the following occurs: delivery delays, unreachable destinations or other restrictions. In such a case, we reserve the prior rights of choosing another delivery method with the same service quality and price as the original one.

Using Your Own Courier

Orders will not be processed until shipping details are confirmed by both the buyer and the appointed courier. We will contact the courier for confirmation of the shipping details and costs.


Shipping Date

Shipment for small orders will begin within 3-6 working days after the order has been processed. Please note that shipping dates for medium and large orders are estimates only and will be updated after the order payments have been cleared and order processing has been completed. Please provide advance notice of orders with urgent or strict delivery deadlines.

Shipping Transit Time

The transit time may vary significantly due to hard-to-reach destinations, seasons, weather, and occasional customs clearance delay.
Express couriers (UPS, FedEx, and DHL) - 2-4 working days
Air freight-4-7 working days
Ocean freight, 12-30 days
Post office air mail-6-15 working days.
EMA TEC does not guarantee, nor is responsible for the transit time. Once production has begun, order cancellation request as a result of delayed transition time will not be accepted. EMA TEC advises buyers to place orders as early as possible to meet the restricted TOD (time of delivery) particularly in peak season.

Total Delivery Time

Total Delivery Time = Production Time + Transit Time

Shipment Tracking

Shipment tracking for major express couriers (UPS, FedEx, and DHL) is available via their corresponding websites, or over the phone through their customer service department. Post Office air mail offers basic proof of shipping and delivery in countries like USA and Canada. Buyers can check the shipment of air freights and ocean freights through the flight numbers or vessel names and voyages.

Shipment tracking numbers should be available within 12-24 hours once the goods are dispatched.

Shipping Weight Calculation

Gross shipping weight is calculated from the larger value of either 1) the actual measured weight or 2) IATA (International Air Transport Association) dimensional (cubic) weight.
The IATA dimensional weight is calculated from the Length x Width x Height in centimeter (cm) of all containers combined and then divided by a factor of 5000

Shipping Cost Calculation 

EMA TEC charges the shipping and handling cost based on gross shipping weight. The shipping cost paid in advance is generally calculated based on the shipping method, destination country and the gross weight. It can be estimated by the online shopping cart or by our sales representatives.

If the shipment is to be handled by a courier or freight forwarder of your own choice, you will be liable for the local transportation costs from our warehouse to the courier’s drop-off location.

Shipping Weight Limits

Major express couriers (UPS, FedEx and DHL), air freight and ocean freight all do not set a maximum gross shipping weight per shipment. The limited maximum gross shipping weight for regular air mail is 2kg, for post office express (EMS) is 20kg. Packages over 20kg shipped by EMS should be divided into small packages.

Insurance

Standard insurance is included in the service terms and conditions of FedEx, UPS, and DHL. Additional insurance can be purchased if the standard insurance does not cover the full value of goods. For post office express, insurance may be purchased at additional cost. Various types of insurances are available for air freight and ocean freight. Registered air mail shipments include insurance up to USD$30 and additional insurance cannot be purchased.

Lost & Damage during Shipment

Buyers should immediately notify both the courier and us with a formal statement within the first 24 hours of receipt of the package. All evidence and documents must be retained as proofs. EMA TEC will assist buyers in providing a statement in due course for the investigation before compensation can be assessed.

Investigations may take some time, so do not unnecessarily lodge a complaint before the results of compensation are announced.

Re-delivery & Delivery Failure

FedEx, UPS, and DHL will attempt 3 deliveries to you before returning the package to us. The couriers will try to contact you via phone and email to arrange a suitable time. You will also be responsible for costs of returns. Deliveries by post office express (EMS) and regular air mail will be directly returned to us after several delivery failures.

EMA TEC is not responsible for the loss of packages from being left outside the recipient’s address by some couriers (e.g. the post office).

In any circumstances, EMA TEC is not liable for long time delays results from delivery failures caused by wrong shipping address or re-deliveries and delivery returns.

FedEx, UPS, and DHL will attempt 3 deliveries to you before returning the package to us. The couriers will try to contact you via phone and email to arrange a suitable time. You will also be responsible for costs of returns. Deliveries by post office express (EMS) and regular air mail will be directly returned to us after several delivery failures.

EMA TEC reserves the rights of storing, insuring, protecting and reselling the goods if buyers do not claim them within an acceptable time period.

Returns Due to Delivery Refusal

Unless specified otherwise, EMA TEC does not accept and is not responsible for the returns due to delivery refusal. Buyers are responsible for all the fees relate to the return.

Customs Duties

Many countries offer duty-free or reduced duty for importing goods from certain countries. For example, there is no import duty or tax for consumer electronics from Hong Kong to USA.

EMA TEC will provide the basic export documents and information for customs clearance of the destination country, including the commercial invoice and packing list.

EMA TEC may help buyers to clear the customs as a courtesy for small to medium sized shipments shipped by express couriers.

Though EMA TEC is not responsible for customs duties, fees, and other taxes imposed by the custom office of the consignee's or the information offered by the import regulations, taxes or duties, EMA TEC will help buyers legitimately minimize their customs duties and cooperate with the customs office.

In any circumstance, customs clearance is the buyer's responsibility. To minimize customs duties and avoid delay, EMA TEC recommends buyers consult with their country's customs authority before importing any merchandise in large quantity.

Buyers are in charge of the additional fees once the shipment is held or impounded by the customs in consignee's country caused by the payment refusals of the customs fees, duties, or taxes.

Import Requirement

Usually, the customs clearance goes smoothly. However, because of differences in import requirements, EMA TEC recommends that buyers ensure that all correspondence regarding the regulations of buyers’ countries’ customs office, such as the payment of customs fees, duties or tax has been fully prepared to avoid delays and customs duties minimization.

EMA TEC offers assistance by providing the necessary paperwork as a courtesy if delivery detainment by the customs office of the destination country occurs.

Other Shipping Issues

EMA TEC offers help to buyers to resolve the following issues:

For damaged, lost or misrouted mails caused by the couriers:
Buyers should refuse to sign the receipt of the package and file a formal statement to the courier immediately.

For the cargo damaged after the receipt:
Buyers should notify EMA TEC and the courier within the first 24 hours.
EMA TEC will process the statement and follow up the insurance with the courier, who will compensate the loss.
Replacement will be sent once the compensation is cleared.

Delivery to the wrong address:

1) Error caused by the courier:
We will cooperate with the courier to retrieve the package or send a replacement once the compensation is cleared.
2) Error caused by us:
We will make every effort to get the package back within a reasonable period of time or compensate for the loss up to the total order value.
3) Error caused by yourself:
We will help you to get the package back at your cost. No other compensation will be made in such a case.

Additional Shipping Terms

The default international shipping term is FOB (Free On Board) Hong Kong or FOB Shenzhen, China. For destinations within the territory of Hong Kong or main land of China, the default shipping term is EXW (Ex Works).
Please refer to the Incoterms 2000 or visit International Chamber of Commerce website at http://www.iccwbo.org/incoterms/ for more detail.

Warranty Terms and Conditions

Product quality is a top priority for EMA TEC. EMA TEC offers 12-month warranty against defects for all products sold from the date of receipt. The warranty does not cover driver incompatibility, normal wear, unauthorized firmware upgrade, non-rechargeable batteries, consumables, and damage due to accidents, physical force, water, fire, power surge, acts of God, or other misuse.

Pre-shipment Quality Assurance Check

EMA TEC checks all products with a strict quality assurance checklist. The checks include the appearance of the goods, the function of the hardware and software, the packaging, and inclusion of applicable accessories and power adapters. Custom-made products will go through additional checklist as required by the customers.

For small orders and samples, EMA TEC performs the quality assurance check for all products. For large orders, EMA TEC uses the Acceptable Quality Level (AQL) industrial standard to ensure high product quality.


Warranty Period Start Date

The warranty period begins from the receipt of the goods by the initial recipient, regardless of whether the initial recipient is the end user or a reseller.


Significantly Not-as-described Items

Significantly not-as-described items include completely different items, wrong memory capacities, wrong localized formats, and product colors that are different from what buyers explicitly request. EMA TEC does not accept returns of goods due to difference in packaging, associated accessories, or product color unless customers explicitly indicate the requirement in writing in their order comments.

Before Returning Items

Most product issues are due to product misuse and can easily be resolved. Please contact our support staff at support@ema-tec.com before initiating complaints with buyers’ online payment or credit card payment providers.

Once our support staff receives buyers’ ticket, EMA TEC will review the issue and offer technical help and resolution. If EMA TEC believes the product may be defective or significantly not as described, EMA TEC will issue Buyers a Return Merchandise Authorization (RMA) for returning the items. Items returned without an RMA will not be processed.

Goods Return Procedure

1. Customer opens a support ticket detailing the order number, product model number, nature of the problem, and a step-by-step description of how to reproduce the problems.

2. EMA TECoffers technical help and possible solutions. If the issues are not resolved, EMA TEC will issue a Return Merchandize Authorization (RMA) and provide a return slip to be enclosed with the returning goods.

3. Customer should immediately return the items by normal post office air mail using the instructions on the return slip. Returned items must be in their original condition, with the return slip, and all their accessories and packaging included, or as advised in the RMA by our support staff.

4. EMA TEC receives the returned goods and informs the customer. Options for replacement / service / refund are clarified if available.

5. EMA TEC checks the goods to verify the claim. Replacements or serviced items are shipped back to the customer via regular air mail, with full tracking details provided.

The returned products must be received by EMA TEC within 30 days from the date the RMA is issued. Returned products received after the return period, not in original brand new condition, or that has any parts missing, may not qualify for warranty.

For valuable items, customers are advised to purchase insurance in case the items are damaged or lost during the shipment. EMA TEC is not responsible for any damage or loss during the return shipment to EMA TEC

Handling Returned Items

Returned items, once verified to be defective or significantly not as described, will be replaced with the same model or serviced. If original models are not available for replacements, EMA TEC will recommend buyers with different models of equal value and similar features as replacements. If replacement models are not available, buyers may use the credit to purchase alternative products, or request a refund. Original shipping costs are non-refundable except for significantly not-as-described items.

If EMA TEC verifies that the returned items are non-defective, buyers are responsible for the shipping cost for returning the items back to them. If buyers refuse to pay for the return shipping cost, EMA TEC reserves the rights to deduct a minimum of 25% restocking fee before issuing a partial refund to the buyer. Shipping costs are non-refundable in any circumstances.

In the rare case that buyers return similar items purchased from other vendors, EMA TEC will notify buyers and is not responsible for replacing or repairing the items. Buyer must pay the shipping cost and may need to pay a US$3 administrative fee per item before the items can be returned to buyer.

Return Shipping Cost Responsibility

For significantly not-as-described items shipped to buyers, EMA TEC will reimburse buyers' reasonable shipping cost for returning items using regular post office airmail.

In terms of defective products, buyers are responsible for the delivery fee for returning and EMA TEC is responsible for sending it back.

For frequent buyers or contracted distributors, EMA TEC advises buyers to set up return schedules for returning the goods in bulk to save shipping cost. Please contact the support department for more details regarding setting up a product service schedule.

Return shipping cost will be refunded to buyers within 10 working days after the returned items are received and verified by our support department. If the original payment is made using PayPal refund will be made via the same way.

If the payment is made by means of Western union, wired Transfer (T/T) or other ways, refund will be made less any fees. Frequent buyers are advised to accept the refund as credit for subsequent purchases to avoid payment fees.
 

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