Orders

All orders must be confirmed by mail, fax, or alternatively by email with confirmation of receipt from Hengo Co., Ltd.
This confirmation can be either:

- A purchasing order with a customer's header, bearing the signature of the buyer and the stamp of the company and with the purchasing items characteristics, particularly the description reference of the item ordered, the desired amount, price and quote reference transmitted.
- The quotation or proforma invoice with ConAsia's header, transmitted without amendment and bearing the signature of the buyer and the stamp of the company.

- The price offer sent by Hengo Co., Ltd., transmitted without amendment, bearing the signature of the buyer and the stamp of the company.

Except in those cases expressly mentioned in the General Terms and Conditions of Sales, all orders placed by Customer and accepted by Hengo Co., Ltd., are considered definitive and can not be retracted.

The acceptance of the Customer's order by Hengo Co., Ltd. is subject to the Customer's agreement regarding the completeness of these General Terms and Conditions of Sales. By ordering, the Customer agrees to fully and unconditionally accept these conditions, and agrees not to substitute his own which could modify the agreement.

Contract agreement

The order will be validated after artwork approbation by the customer, which includes the item features (sizes, dimensions, marking techniques, colors, logo position, quantities).

Once the buyer has validated his order, he is considered to have accepted, knowingly and without reservation, products, prices and quantities offered when finally ordered. The sales contract is made and formed, in decreasing order as for their juridical importance regarding the law, using the following documents:

1. these General Terms and Conditions of Sales
2. the electronic purchasing form, if available, supplied to the customer and approved by the customer, or the sample previously submitted for approval;
3. the quotation submitted by Hengo Co., Ltd., signed by the Client and returned to Hengo Co., Ltd. by email with receipt confirmation from Hengo Co., Ltd. ;
4. the purchasing order transmitted by the Customer in the manner of his choice, if available.

Price

Unless stated otherwise, the selling prices of products are listed in Euros, excluding taxes.

Modification

The prices of products offered and these General Terms and Conditions of Sales are subject to change without notice in case of legal, economic or industrial changes at the delivery date, especially in case of legislative changes, currency fluctuations, changes in raw materials, cost of labor or transportation fares.

The applicable rates are those agreed while transmitting the order to Hengo Co., Ltd.

Conditions of payment

Unless otherwise stated in the quotation sent, the order is paid by transfer before departure. Any amount paid by the buyer before the delivery is an advance on the total selling price.

Hengo Co., Ltd. reserves the right to suspend any order or delivery, whatever the matter and level of execution, if the order is not fully paid or if authorized outstanding receivables balance has been exceeded.

Reservation of title clause

Hengo Co., Ltd. reserves the right to keep ownership of goods until full payment done.

Despite this Reservation of title clause, the buyer will bear, upon delivery, the risks of loss or destruction and any damage which could be caused to the goods or by the goods themselves. He is also responsible in case of total or partial loss, theft or destruction for any reason whatsoever.

In case of seizure by third parties on such goods and materials, the buyer must immediately inform the seller.

Delivery

Delivery times are formal notifications of intent and not obligations.

The delivery times specified by Hengo Co., Ltd. imply that the customer has provided all the necessary elements for the marking of objects prior to his order. These elements must be used without modification.

Otherwise, Hengo Co., Ltd. reserves the right to change the delivery date accordingly.

Delays in delivery can't justify the cancellation of the order, refusal of the goods or the payment of damages.

The goods are delivered to the address specified on the purchasing order, in accordance with the delivery mode chosen by the Customer.

In case of damage, loss or delay in delivery of goods, it is the recipient's duty to proceed with a claim to the carrier and to take all necessary measures to process the claim.

The sales contract will be discarded in case partial or total incapacity of Hengo Co., Ltd. to deliver as agreed, because of the occurrence of force majeure, a shortage of stock, a raw materials delivery delay or defective delivery of one of its suppliers. In this case, the buyer won't be allowed to require Hengo Co., Ltd. delivery of the order on the scheduled date, or any compensation of any kind whatsoever.

Quantity Tolerance

As a result of supplying process limits, manufacturing and marking used by Hengo Co., Ltd. and its subcontractors, the delivered quantity can vary from ± 6% compared to the quantity ordered by the Customer. The Customer agrees to accept full delivery, if the quantity delivered remains within this limits of ± 6%.

Quality Tolerance

Although Hengo Co., Ltd takes great care to select its factories, slight differences in color and size may exist on products.

Regarding color, the variety of materials and marking techniques as well as the fact that ink types constantly change (notably because of new environmental standards). Because of this it is not possible to produce every time the same hue and brightness as specified in the Pantone references provided by the customer.

Claims

Upon reception of the goods, the buyer must immediately verify their status and whether they conform to his original order. If the goods delivered aren't the ones which have been ordered or if there is a lack of quality noted (wrong colors, embroidery sewn at a wrong location...), the buyer must promptly send a claim by email to the attention of Hengo Co., Ltd. specifying an exhaustive list of the defects.

Returns

In case of non-conformity of goods delivered, the client must contact Hengo Co., Ltd. to determine an arrangement for the destruction or the return of any goods which have been found defective. No returns will be accepted if Hengo Co., Ltd. has not previously authorized it.

In case of non-conformity of goods delivered, Hengo Co., Ltd. undertakes to do everything to correct this non-compliance or, failing with its attempt, will be required to establish an asset. The Client won't be able to claim any other compensation.

Order cancellation

As above stated, orders placed by the Client are binding and can't be retracted.

Therefore, any cancellation of orders must be subject to prior authorization from Hengo Co., Ltd. and must be made by email to its attention.

All costs spent by Hengo Co., Ltd. or its subcontractors before the cancellation request has been issued will be charged, deducted from any advanced payment which would have been paid earlier and that can't be refunded.

Rights and trademarks protection

Once you submit a design (logo, picture, drawing...) to Hengo Co., Ltd., Or when you ask Hengo Co., Ltd. to use or modify a design, you certify on oath that you are the sole and legal owner or the holder of a license for each right (including copyright), bra nd, patented model , logo, statement, portrait, graphics, drawing, photograph, image or illustration of any person or any intellectual property making part or included in the design.

You also certify that no part of the design:

- Does violate or impinge the law or statutory rights of any person or entity, including but not limited to, rights, intellectual property, trademarks, contract rights, moral rights or rights of public acts,

- Is the subject of any notice of such an offense that you have received

- Is the subject of any right or restriction of any kind and any nature which may hinder Hengo Co., Ltd. to legally reproduce the images or texts.

You agree to defend, at your expense, any claim or procedure brought against Hengo Co., Ltd. which might be connected or based on a claim that all or part of the design infringes or is the subject of a misuse of any law, trademark or other rights of third parties, provided that Hengo Co., Ltd. warn you in writing of the complaint, cooperate and assist you in your defense. You will have to pay all damages and costs incurred by Hengo Co., Ltd. as a result of the judgment or the procedures.

You agree to indemnify and exonerate Hengo Co., Ltd. for any loss or damage - including but not limited to attorney fees - associated with such a complaint, judgment or proceeding.

Buy items from Hengo Co., Ltd. by any means or in whatever form, does not allow you to reproduce the logos. Similarly, it does not allow you to borrow or acquire ownership of any logo or trademark in any way whatsoever.

Hengo Co., Ltd. asks you not only to meet our own intellectual property rights, but also to respect intellectual property rights of others.

Hengo Co., Ltd. reserves the right to refuse orders from customers who have broken or violated intellectual property rights of a third party or, at the express request of Hengo Co., Ltd. have not been able to prove that they had the necessary rights about the elements for marking objects.

Any order passed to Hengo Co., Ltd. implies to agree with our General Terms and Conditions of sales