00852 2139 3077
| Our purpose
● Sustainable Development
| Our mission & vision
● The expertise to find the solutions
● The passion to make a difference
| Our values
Our Promise to Clients - Achieving Excellence
As a newly established company, MESCURE has
| Contact us
Tel: 00851-2614 2812
Address: 12/F, San Toi Building, 137-139 Connaught Road
Scope of validity
These are the General Terms and Conditions of Business (hereinafter: Export GTCB) of MESCURE Limited. for contracts with customer having their branch office outside Hongkong at the time the contract was signed. If you have more than one branch office, the country in which your branch office signed the contract is the relevant one. Our Export GTCB apply to all orders and contracts, regardless of how they are made (from the catalogue, online shop, etc.). Our differing “Domestic GTCB” apply to contracts with customers whose defining branch office is within Hongkong when the contract is signed.
Foreign trade law
Our obligations to execute the contract are subject to opposition to fulfilment of the contract due to obstructions or other restrictions stemming from applicable regulations of the foreign trade law (especially the export control laws including embargos or other sanctions) of the Federal Republic of Germany, the European Union (EU) or the country in which you have your headquarters. The same applies in terms of any applicable provisions of the foreign trade law of other countries. We do not check before entering into a contract whether such foreign trade law regulations might oppose execution of the contract, and we therefore make no guarantee that such obstructions do not exist, especially not for issuing approvals that might be required.After a contract is signed, we are responsible for making the administrative or other application that may be required for export and for completing the customs formalities for exporting the goods. On the other hand, you have no guarantee of compliance with applicable regulations for transit and export or that the necessary actions will be performed. At our request you will provide proof of a required transit or import approval. Upon our request, you will also provide to us all the information and documents you have available which we will require to consider the relevant material in terms of foreign trade law. You warrant that the use of the goods by yourself as well as for any resale or disposal to third parties is not intended for the development, manufacturing or deployment of armaments, weapons or nuclear technology or in support of these activities. In the case of resale or other subsequent disposal of the goods, you are responsible for compliance with applicable foreign trade law, including embargo regulations of the Federal Republic of Germany and the European Union (EU), insofar as they would be opposed to a hypothetical direct delivery from us to the third parties. If you violate the foreign trade law regulations cited above, you indemnify us from all claims made against us resulting from such violations and from all disadvantages arising as a result, unless you have not acted at least negligently or the violation of the law is also attributable to negligent conduct on our part.In case of delays in our services due to applications for foreign trade law approval or completion of other requirements of foreign trade law, the delivery dates shall be postponed and the service periods for services extended to allow for a reasonable inspection time for us (generally no more than two weeks) and the administrative processing time. If the impediment to providing the service is not just temporary, we and you are entitled to withdraw from the contract (cancellation of the contract). We are entitled to withdraw from the contract in particular if a foreign trade law approval is declined or has not been issued within three months after the original delivery date or service period passed, or in any case no longer than six months after the contract was signed. Services already provided will be compensated mutually by both parties upon withdrawal. Claims to compensation for damages are excluded in this case.
All of our letters of intent, agreements and quotes are based on our Export GTCB. They become an integral part of the contract when the order is placed, when no response is received to our commercial order confirmation, or when the delivery is accepted. Differing, contradictory or supplementary general terms and conditions of business shall not become part of the contract, even if we are aware of them, unless their validity has been explicitly approved in writing.
Guarantee against defects;
duty to examine and notify of nonconformity
The goods delivered by us are considered in compliance with the contract (free of defects) if at the time when risk is transferred they are suitable for the purposes for which goods of the same type are generally used. The legal and other standards ofHongkong apply in this context. Unless explicitly agreed otherwise, you are therefore responsible yourself in particular for ensuring that the goods are suitable for some special purpose that differs from normal usage and/or meet different legal and other requirements of a country other than Hongkong.
Without consideration of other requirements for liability, the goods are only legally defective if they were not free of enforceable rights or claims at the time of the transfer of risk. Rights or claims of third parties that are based on commercial property or other intellectual property form the basis of a legal defect, without consideration of other requirements for liability, only insofar as the relevant intellectual property is also registered and published in Hongkong.
You are obligated to inspect the goods immediately after receipt, to the extent that doing so is practical in keeping with your regular business process, and to report to us without delay any material defect you discover with a precise description of the nature of the defect. If you neglect to inform us, the goods will be considered approved unless there is a material defect that was not detectable upon examination. When a material defect of this type becomes apparent later, you must notify us without delay after the defect is discovered. Otherwise the goods will be considered approved. If you neglect a required notification, you will have no grounds to appeal for excuses. For our part, we are not entitled to appeal to the agreements outlined in this paragraph if the material defect is based on facts that were known at the time when risk was transferred or that we could not have been unaware of at that time, but which we still did not reveal to you any early than that point in time. Articles 38-40 and 43 of the United Nations Convention on contracts for the International Sale of Goods (CISG) apply supplementarily insofar as they are not in contradiction to the provisions stated above. The validity of Art. 39 paragraph 2 CISG is also agreed in terms of legal defects.
We shall only be responsible for the expenditures required for the purpose of remedying a material defect, in particular the costs of transport, travel, labour and materials, if they are not increased by bringing the goods to a place other than the location of your branch office unless the place is where the goods will be used according to designated use.
International business trade of import / Enterpot trade / export
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