Terms of Service

These Terms of Service (“Terms”) apply when you access or use elimhardwares.com, submit an inquiry or communicate with Ningbo Elim Hardware Co., Ltd. through the website.

By using the website, you confirm that you have read and accepted these Terms. If you use the website for a company or other organization, you represent that you are authorized to act for that organization.

If you do not agree with these Terms, do not use the website or submit information through it.

The website is intended primarily for business customers, including importers, distributors, wholesalers, contractors, railing-system suppliers, project buyers and private-label brands. It is not designed as a consumer retail platform.

Website content is provided to introduce our manufacturing capabilities, product categories and OEM/ODM services. Product suitability, pricing, specifications, availability and commercial terms must be confirmed for each project or order.

Where mandatory consumer law applies despite the intended B2B nature of the website, nothing in these Terms limits rights that cannot lawfully be limited.

If documents relating to a transaction conflict, the following order applies unless the parties expressly agree otherwise in writing:

1. A sales contract or other agreement signed by authorized representatives of both parties.
2. A written order confirmation or pro forma invoice issued by us and accepted by the buyer.
3. A final written quotation issued by us for the relevant order.
4. A buyer purchase order, only to the extent expressly accepted by us in writing.
5. These Terms of Service.

Terms printed on a buyer’s purchase order or other document do not bind us merely because we receive or process that document. Any additional or conflicting buyer terms require our express written acceptance.

Website descriptions, images, renderings, dimensions, application examples and technical information are provided for general reference. They are not a final specification, engineering approval or performance guarantee unless incorporated into an accepted transaction document.

Product appearance may vary because of lighting, display settings, raw-material batches, manufacturing tolerances, surface-finishing processes and other normal production factors.

We may update website content or product information without notice. No material change to an accepted custom specification will be made without appropriate written communication.

A request for quotation, website inquiry or buyer purchase order is a request or offer and does not require us to accept an order.

An order is accepted only when we issue a written order confirmation, pro forma invoice or sales contract and the buyer completes any required acceptance, deposit, approval or other condition stated in that document.

Quotations are subject to their stated validity period, scope, minimum order quantity, raw-material assumptions, exchange-rate assumptions and other conditions. We may correct an obvious clerical, calculation or typographical error before performance.

Changes or cancellations requested after order acceptance require our written approval and may result in additional costs, revised quantities or revised delivery schedules.

Prices, currency, taxes, packaging, tooling, testing, inspection, freight, insurance and delivery terms are determined by the relevant quotation or transaction document.

Unless expressly included, prices do not include destination duties, import taxes, customs charges, local taxes or other charges imposed outside China. Bank charges are allocated as stated in the transaction documents or banking instructions.

Payment must be made using the method, currency and schedule shown in the accepted transaction documents. The buyer is responsible for verifying our bank details through an established contact channel before making payment, particularly after any request to change banking information.

We may suspend production, shipment or release of documents if an amount is overdue or if an agreed payment condition has not been satisfied.

Sample fees, tooling charges, development costs, testing expenses and courier charges are determined in the relevant quotation. Unless otherwise agreed in writing, these charges are not refundable after the related work has begun.

Payment of a tooling or development charge does not by itself transfer ownership of tooling, fixtures, production processes, programming, manufacturing know-how or background intellectual property. Any ownership or storage arrangement must be stated in a written transaction document.

Sample approval confirms the characteristics reasonably visible or measurable in the approved sample, subject to agreed specifications, normal production tolerances and differences inherent in mass production.

Customized products may not be cancellable, returnable or resalable after materials are purchased or production begins, except where the products do not conform to the accepted specifications or applicable mandatory law requires otherwise.

The buyer is responsible for providing complete, accurate and timely specifications, drawings, dimensions, quantities, tolerances, materials, surface finishes, packaging requirements, applicable standards and end-use information.

The buyer must review and approve drawings, samples, artwork, packaging, labels and other approval materials within the requested period. Production and delivery schedules may be extended when information or approval is late, incomplete or changed.

We are entitled to rely on information and approvals provided by the buyer or the buyer’s authorized representative. The buyer is responsible for errors or additional costs caused by incorrect, incomplete or conflicting instructions.

Production lead times generally begin only after receipt of the required payment, final specifications, approved drawings or samples and all other information needed to manufacture the goods.

Production and delivery dates are estimates unless a transaction document expressly states that a date is guaranteed. We will use commercially reasonable efforts to meet confirmed schedules.

The applicable delivery term, transfer of risk, freight responsibility, insurance responsibility and transfer of title are governed by the accepted transaction documents. Any stated Incoterm applies only as identified in those documents.

We are not responsible for delays caused by the buyer, carriers, customs authorities, port congestion, inspections, destination restrictions or other matters outside our reasonable control.

Partial shipment may be made where commercially reasonable and not prohibited by the accepted transaction documents.

The buyer should inspect goods promptly after receipt and follow the inspection and claim procedure stated in the applicable transaction documents.

If no specific claim period is stated, the buyer must notify us in writing within a commercially reasonable period after discovering an alleged shortage, visible damage, nonconformity or latent defect. The notice should include the order number, item number, quantity affected, photographs, measurements and other evidence reasonably requested.

Goods must not be returned, destroyed, repaired or modified without our prior written authorization, except where immediate action is reasonably necessary to prevent personal injury or material property damage.

If a valid claim is confirmed, the remedy will be determined under the accepted transaction documents and applicable law and may include repair, replacement, credit or refund for the affected goods.

Unless a written transaction document provides a different warranty, we warrant that at the time risk transfers the goods will materially conform to the accepted specifications and will be free from material manufacturing defects.

This warranty does not cover problems caused by:

• Improper storage, handling, assembly, installation or maintenance.
• Misuse, overloading, impact, alteration, unauthorized repair or use outside the approved application.
• Incorrect glass, substrate, anchors, fasteners, mating components or structural design.
• Corrosive, marine, chemical or other environmental exposure not suitable for the selected material and finish.
• Normal wear, cosmetic variation within accepted limits or damage occurring after risk has transferred.
• Specifications, drawings, materials or components supplied or required by the buyer.

To the fullest extent permitted by applicable law, any warranty not expressly stated in an accepted transaction document is excluded. Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded.

Unless we expressly agree in a signed document to provide engineering or design services, we supply hardware components and manufacturing services only.

The buyer, project owner, architect, engineer, contractor and installer are responsible for determining whether the products and complete system are suitable for the intended application, including:

• Structural design, load calculations and system compatibility.
• Glass type, thickness, edge condition and hole locations.
• Substrate strength, anchor selection and fixing method.
• Local building codes, safety standards, permits and inspection requirements.
• Correct installation, maintenance and use by qualified personnel.

Website examples, drawings or recommendations do not replace project-specific review by qualified professionals.

The website and its text, graphics, photographs, product images, logos, layout, downloads and other content are owned by or licensed to Ningbo Elim Hardware Co., Ltd. and are protected by applicable intellectual-property laws.

You may view and download website information for legitimate internal B2B evaluation. You may not republish, sell, copy, remove branding from, create misleading derivative material from or commercially exploit website content without written permission.

The buyer retains ownership of buyer materials lawfully supplied for a project. We retain ownership of our pre-existing designs, standard products, production methods, programming, tooling concepts, improvements, processes and manufacturing know-how unless a signed agreement expressly provides otherwise.

The buyer represents that it has the right to provide any drawing, logo, trademark, artwork, specification or other material supplied to us and that authorized use of that material will not infringe third-party rights.

Each party should protect non-public technical and commercial information received from the other party that is identified as confidential or would reasonably be understood to be confidential.

Confidential information may be used only for evaluating, negotiating or performing the relevant business relationship and may be disclosed only to personnel, advisers and service providers who need the information and are subject to appropriate confidentiality obligations.

Information is not confidential to the extent it is lawfully public, already known without restriction, independently developed, lawfully obtained from another source or required to be disclosed by law.

A separately signed non-disclosure agreement controls if it conflicts with this section.

You must not:

• Use the website for unlawful, fraudulent or misleading activity.
• Attempt to gain unauthorized access to the website, server, accounts or connected systems.
• Introduce malware, automated attacks, harmful code or excessive traffic.
• Scrape, harvest or systematically extract website data except through ordinary search-engine indexing or with written permission.
• Impersonate another person or submit false contact, company, payment or project information.
• Use website content to misrepresent an affiliation with Ningbo Elim Hardware Co., Ltd.

We may restrict website access or disregard submissions that appear fraudulent, abusive, unlawful or harmful to website security.

The website may link to third-party websites, messaging services, maps, logistics providers or other platforms. Those services are operated independently and may have their own terms and privacy policies.

A link does not mean that we control or guarantee the third-party service. To the fullest extent permitted by law, we are not responsible for third-party availability, security, content or conduct.

Each party must comply with applicable customs, export-control, import, sanctions, anti-bribery, anti-money-laundering and trade laws relevant to the transaction.

The buyer must provide accurate end-user, destination, classification and product-use information when reasonably requested and must not resell, transfer or use goods in violation of applicable restrictions.

We may refuse, suspend or cancel a transaction where performance would reasonably create a legal or sanctions-compliance risk. Any refund or cost allocation will be handled according to the transaction circumstances, applicable law and the accepted transaction documents.

A party is not liable for delay or failure to perform to the extent caused by an event beyond its reasonable control that could not reasonably have been avoided or overcome.

Such events may include natural disasters, fire, flood, epidemic, war, terrorism, civil disturbance, government action, sanctions, export or import restrictions, port closure, transportation interruption, utility failure, labor disruption, cyber incident, severe raw-material shortage or a major supplier failure caused by an event of the same nature.

The affected party should provide reasonable notice, explain the expected effect and take commercially reasonable steps to reduce the impact. Performance is suspended only to the extent and for the period affected.

If the event continues for a commercially unreasonable period, either party may request renegotiation or terminate the affected, unperformed portion of the transaction by written notice, subject to payment for completed work, committed materials and other reasonable non-cancellable costs where permitted by law.

The website is provided on an “as available” basis for general B2B information. We do not guarantee that the website will be uninterrupted, error-free or suitable for a particular project.

Final product obligations and remedies are governed by the accepted transaction documents. Website information does not replace project-specific specifications, testing or professional engineering review.

To the fullest extent permitted by applicable law, neither party is liable under these Terms for indirect, incidental, special, punitive or consequential loss, including loss of profit, revenue, opportunity, goodwill or data, except where an accepted transaction document expressly provides otherwise.

To the fullest extent permitted by applicable law, our aggregate liability arising from a particular order will not exceed the amount actually paid to us for the specific goods giving rise to the claim, unless a signed transaction document establishes a different limit.

Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, death or personal injury caused by negligence, or any other liability that cannot legally be excluded or limited.

To the extent permitted by applicable law, the buyer will be responsible for third-party claims, losses and reasonable costs arising from:

• Buyer-provided drawings, trademarks, artwork, specifications or other materials that infringe third-party rights.
• Unsafe or unlawful system design, installation, modification, resale, marketing or use controlled by the buyer.
• The buyer’s material breach of applicable trade, sanctions, anti-bribery or product-compliance laws.

This section does not require the buyer to indemnify us for a claim caused by our own breach, negligence or misconduct to the extent established under applicable law.

Our collection and use of personal information through the website is described in our Privacy Policy.

By submitting business contact or inquiry information, you confirm that the information is accurate and that you are authorized to provide it for the relevant business purpose.

These Terms and any dispute arising from website use are governed by the laws of the People’s Republic of China, without giving effect to conflict-of-law rules that would require application of another jurisdiction’s laws.

Except where a sales contract signed by both parties expressly provides otherwise, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The parties should first attempt in good faith to resolve a dispute through business negotiation. If the dispute is not resolved within 30 days after written notice of the dispute, it may be submitted to the people’s court with competent jurisdiction at the place where Ningbo Elim Hardware Co., Ltd. is registered.

This jurisdiction clause is subject to applicable rules on court-level jurisdiction, exclusive jurisdiction and other mandatory procedural requirements.

A signed sales contract or other transaction agreement may specify a different governing law, court or arbitration arrangement, in which case that written arrangement controls for that transaction.

We may revise these Terms to reflect changes in the website, business practices or legal requirements. The revised Terms will be posted on this page with a new “Last Updated” date.

Revised website Terms apply to website use after publication. They do not retroactively change an already accepted order or signed agreement unless the parties agree in writing or applicable law requires otherwise.

Severability

If a provision of these Terms is held invalid or unenforceable, it will be limited or modified to the minimum extent necessary, and the remaining provisions will continue in effect.

No waiver

A failure or delay in enforcing a provision does not waive the right to enforce it later. A waiver is effective only when made in writing by an authorized representative.

Assignment

You may not assign rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a reorganization, merger, financing or transfer of the relevant business, subject to applicable law.

Electronic communications

Business communications and transaction documents may be exchanged electronically. Each party is responsible for maintaining accurate contact information and reasonable account and email security.

Language

These Terms are published in English. If a translation is provided, the English version controls to the extent permitted by law, unless a signed transaction document expressly states otherwise.

Entire website agreement

These Terms and the Privacy Policy form the agreement governing website use. They do not replace the accepted transaction documents governing a specific quotation, sample, order or sale.