1. Cancellation by the Customer
All goods are made to order per client specifications. Orders cannot be cancelled after five (5) business days from the date of invoice. Changes to orders, returns or cancellations are required in writing for approval from The Kommon Goods. Such orders may also be subject to service and customisation fees amounting ranging from 30-80% of the total order amount, based on the level of completion and related costs.
2. Cancellation by The Kommon Goods
The sale and supply of goods and services are always subject to availability of stock, and receipt of your payment, so in the event that we are reasonably unable to supply the goods or services which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
If your order is cancelled by us, we will refund to you any monies paid within 30 days of notice of cancellation being given.
TERMS OF SALES
"The Kommon Goods" means The Kommon Goods, issuer of quotations and invoices.
"Customer" means the person or legal entity identified who orders products from The Kommon Goods.
"Products" means products sold and purchased under this contract.
2. Formation of Contract
2.1 A binding Contract is formed between the Customer and The Kommon Goods, when the Quotation is accepted by the Customer, the order is confirmed by the Customer, and the Invoice is issued by The Kommon Goods.
2.2 Once the contract is formed, in no event may the Customer cancel or amend the Invoice without the written consent of The Kommon Goods.
3. Price and Payment
3.1 Price quoted by The Kommon Goods is valid only within the period as provided in the Quotation, subject always to The Kommon Goods's right to revise the quoted price or to withdraw the Quotation altogether before acceptance by the Customer.
3.2 Unless credit terms are expressly offered in writing by The Kommon Goods, payment shall be made in full before the Delivery Date and The Kommon Goods shall not be bound to deliver the Products to the Customer until the Customer has paid for them in full.
3.3 Time for payment shall be of the essence. The Kommon Goods reserves the right to charge interest at a monthly rate of 2% on any unpaid purchase price as well as any legal expenses and charges that it will incur in collecting any unpaid sum.
3.4 Customer shall pay for all shipping, handling and administrative charges and any relevant taxes.
3.5 If the Customer fails to make the whole of or any payment on the due date then without prejudice to any of The Kommon Goods's other rights, The Kommon Goods may suspend or cancel deliveries of any Products due to the Customer without notice.
4. Title and Risk
4.1 Ownership and risk of the Products which are the subject of the Invoice shall not pass to the Customer until they are fully paid for, and the ownership and risk of the Products shall be passed to the Customer from the date of the delivery by The Kommon Goods or its agents to the Customer.
4.2 The Kommon Goods shall be entitled to a general lien on all of the Products of the Customer in The Kommon Goods's possession (including products of the Customer which have been paid for) for the unpaid price of any products sold to the Customer by The Kommon Goods under this or any other contract.
5.1 The Kommon Goods shall deliver the Products to the place(s) designated by the Customer and agreed by The Kommon Goods.
5.2 The failure or refusal of the Customer to take delivery or to pay for any one or more of the said instalments of the Products on the due dates shall entitle The Kommon Goods:
a) without notice to suspend further deliveries of the Products pending payment by the Customer; and/or
b) to treat this contract as repudiated by the Customer.
5.3 Production and lead time will begin upon receipt of purchase order, but not without the accompanying customisation and design specifications where applicable. Additional delays due to revisions, mock-up approval, or incomplete information can also occur when ordering custom products. Lead times will vary by product ordered and can depend on the availability of materials, current production scheduling, and the custom nature of an order. Quoted delivery dates are approximate, and The Kommon Goods shall not be responsible for any delay or failure in performance for any course beyond our control (including, but not limited to strikes, lockouts or other labor difficulties, failure or delay of sources to supply, transportation difficulties, accidents, fires, acts of God or any event which interferes with The Kommon Goods’s normal business and manufacturing operations).
6. Acceptance of Products
6.1 The Customer shall inspect the Products on the delivery day and shall notify The Kommon Goods within 5 days of any alleged defect, shortage in quantity, damage or failure to comply with descriptions or samples. If the Customer shall fail to comply with this clause the Products shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Products and the Customer shall be deemed to have accepted the Products.
6.2 Where we have provided goods which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a repair (where reasonably possible), replacement or a refund, which may vary case by case.
6.3 If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of testing, storing and redelivering the rejected goods.
6.4 If The Kommon Goods agrees to accept the return of any of the Products the Customer shall be liable to pay a handling charge to be determined by The Kommon Goods of up to 50% of the invoice price. The same must be returned by the Customer carriage-paid to The Kommon Goods in their original shipping carton.
6.5 Products returned without the prior written approval of The Kommon Goods may at The Kommon Goods's absolute discretion be returned to the Customer or stored by The Kommon Goods at places designated at The Kommon Goods's discretion and at the Customer's sole cost without prejudice to any other rights or remedies The Kommon Goods may have.
6.6 You are under a duty to take reasonable care of goods you are rejecting, irrespective of whether they are faulty, not in accordance with specification, or were damaged on delivery. You will be liable for any loss of damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:
(a) prior to being returned to us, the goods are carefully, safely and securely stored; and
(b) when the products are being shipped to The Kommon Goods, the goods are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes).
7.1 The Kommon Goods shall not be liable to the Customer for any indirect or consequential loss and/or expenses suffered by the Customer arising out of a breach of this Contract by The Kommon Goods.
7.2 In the event of any breach of this Contract by The Kommon Goods, under no circumstances shall the liability of The Kommon Goods exceed the Price of the Products.
8.1 Information provided by the Customer will be solely used for the purpose of fulfilment of the order.
8.2 Unless the Customer's written objection is received by The Kommon Goods, The Kommon Goods may presume no objection in displaying the Customer's logo and product on their website and publication materials for marketing purposes.
9. Set-off and counterclaim
The Customer may not withhold payment of any invoice or other amount due to The Kommon Goods by reason of any right of set-off or counterclaim which the Customer may have or allege to have or for any reason whatsoever.
Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.
11. Force Majeure clause
Neither party shall be liable for any default due to any act of war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party.
12. Governing Law
The Law of Hong Kong shall govern the validity, construction and performance of any order to which these terms and conditions apply.