TERMS OF
SERVICE
Professional B2B agreements governing our OEM/ODM mini excavator supply and manufacturing services worldwide.
01 DEFINITIONS & SCOPE
"Company" refers to our Nanjing-based OEM/ODM mini excavator manufacturing and supply business.
"Client" means dealers, distributors, rental companies, contractors, and other professional buyers of our products.
"Products" include mini excavators (0.8-3.5 tons), attachments, spare parts, and related equipment.
"Services" encompass OEM/ODM customization, manufacturing, quality control, logistics, and after-sales support.
These terms govern all B2B transactions, quotations, orders, and ongoing commercial relationships between Company and Client.
02 ORDER PROCESS & ACCEPTANCE
Quotation & Specification
- Written quotations valid for 30 days unless specified
- Technical specifications confirmed in writing
- OEM/ODM customization requirements documented
Order Confirmation
- Purchase orders require written acceptance
- Production schedule and milestones agreed
- Payment terms and delivery conditions confirmed
03 PRICING & PAYMENT TERMS
Standard Payment Structure
Currency: USD for international transactions, RMB for domestic clients
Payment Methods: Wire transfer (T/T), Letter of Credit (L/C) for qualified buyers
Late Payment: 1.5% monthly service charge on overdue amounts
Price Adjustments: Raw material surcharges may apply for orders exceeding 90-day production cycles
04 MANUFACTURING & QUALITY ASSURANCE
All products manufactured to agreed specifications with comprehensive quality control protocols:
Quality Standards
- ISO 9001:2015 manufacturing processes
- CE conformity and emissions compliance
- Pre-delivery inspection and testing
Delivery Timeline
- Standard models: 15-25 working days
- OEM/ODM customization: 25-35 working days
- Force majeure events may extend timelines
05 SHIPPING & RISK TRANSFER
Available Incoterms
Packaging: Export-grade steel crates or wooden cases with moisture protection
Documentation: Commercial invoice, packing list, CE certificates, operation manuals
Insurance: Marine cargo insurance available; Client responsible unless DDP terms
Delivery Delays: Company not liable for customs, port congestion, or force majeure delays
06 WARRANTY & LIABILITY LIMITS
Standard Warranty Coverage
Excavator Mainframe
12 months or 1,200 operating hours, whichever occurs first
Engine & Hydraulics
12 months or 1,000 operating hours, manufacturer warranty applies
Attachments
6 months or 600 operating hours for standard attachments
Wear Parts
No warranty on consumables: tracks, buckets, filters, fluids
Warranty Conditions: Proper operation, maintenance per manual, genuine parts usage
Remedy Limitation: Repair or replacement of defective parts; no consequential damages
Liability Cap: Total liability limited to purchase price of specific defective product
Exclusions: Misuse, accident damage, unauthorized modifications, normal wear and tear
07 INTELLECTUAL PROPERTY & CONFIDENTIALITY
OEM/ODM Rights: Client owns branding and appearance modifications; Company retains core technical IP
Confidential Information: Technical specifications, pricing, and business terms remain confidential
Third-Party Components: Engine, hydraulic suppliers retain respective intellectual property rights
Documentation: Manuals, parts lists, and technical drawings provided for operational use only
Non-Compete: Client agrees not to reverse-engineer products or engage competing suppliers for substantially similar OEM/ODM projects during active relationship.
08 GOVERNING LAW & DISPUTE RESOLUTION
Governing Law: People's Republic of China law governs all contractual relationships
Jurisdiction: Nanjing courts have exclusive jurisdiction for legal disputes
Alternative Resolution: Commercial arbitration available through China International Economic and Trade Arbitration Commission (CIETAC)
Language: Chinese language versions of agreements take precedence over translations
International clients may request arbitration in Singapore or Hong Kong for disputes exceeding USD $100,000 in claimed damages.
QUESTIONS ABOUT THESE TERMS?
Our team is ready to clarify any provisions or discuss custom contract terms for your specific requirements.
Nanjing, China • Professional B2B mini excavator OEM/ODM supplier • Terms effective January 1, 2024