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Terms & Conditions of Sale


All orders are accepted by Pacific Leader subject to the Terms and Conditions of Sale set out below:


1. General

All orders for products ("Products") or services ("Services") will be accepted by Pacific Leader Technology Limited ("Pacific Leader") subject to these terms and conditions of sale. Any company or person who places orders for Products or Services with Pacific Leader ("Customer") is bound by these terms and conditions and which shall constitute the entire understanding and agreement between Pacific Leader and the Customer. No other terms will apply to the supply of Products and Services by Pacific Leader unless agreed in writing by an authorised signatory of Pacific Leader. Pacific Leader reserves the right to amend, modify, vary or supplement all or any part of these terms and conditions at any time without any prior notice. The most current version of these terms and conditions can be found at www.pacificleader.hk. References to the "Pacific Leader website" in these terms and conditions include Pacific Leader's paper catalogues, Pacific Leader's website and any other catalogue of products published by Pacific Leader in any medium.


Descriptions of the Products and Services in the Pacific Leader website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. Pacific Leader shall not be liable to the Customer for any errors or omissions in the Pacific Leader website.

2. Prices

Up-to-date prices set out in the relevant Pacific Leader quotation. Pacific Leader reserves the right to change prices without prior notice at any time.


3. Ordering

Pacific Leader reserves the right to, without giving reasons, decline to trade with any company or person and may decline to accept any order.


Pacific Leader will not substitute an ordered Product for another unless requested by the Customer, or unless the Product has been superseded by the latest version (in which case Pacific Leader will inform the Customer and the Customer will have an opportunity to cancel prior to despatch). If the Customer orders the wrong Product or quantity, or duplicates orders, clause 10 will apply.


4. Delivery

Pacific Leader will use commercially reasonable efforts to deliver Products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on Pacific Leader's quotation or will be notified to the Customer at the time of order. Delivery will be made to the Customer's usual business address as shown on Pacific Leader's record at the date of despatch, unless otherwise agreed in writing.


Times and dates for delivery quoted in the Pacific Leader’s quotation or by Pacific Leader's employees are approximate only and Pacific Leader shall not be liable for the consequences of any delay in delivery howsoever caused. Time for delivery shall not be of the essence. The delivery charges (if applicable) will be acknowledged at the time of order acceptance.

5. Inspection, Transit Delays and Non-delivery

The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 10 days of delivery or, in case of the circumstance set out under paragraph (iv) below, the scheduled date for delivery, give written notice to Pacific Leader of:
  • Any defect in a Product that is apparent on reasonable examination and is not fit for purpose. In this case Pacific Leader shall, at Pacific Leader's discretion, replace the Product.
  • Any shortfall in Products delivered by Pacific Leader. In this case Pacific Leader shall, at its discretion, deliver the undelivered Products.
  • Any delivery of Products not in accordance with the order. In this case Pacific Leader shall, at Pacific Leader's discretion, replace the Products.
  • Any non-delivery of the Products. In this case Pacific Leader shall deliver the undelivered Products.
If the Customer fails to give any such notice within the specified time, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer's instructions and to have accepted the Products as being free from all defects.


The Customer acknowledges that the remedies set out in this clause 5 are the Customer's exclusive remedies for the circumstances described in paragraphs (i) to (iv) above, and Pacific Leader shall not be liable for any other losses, damages or expenses incurred by the Customer.

6. Payment

If Pacific Leader has not granted credit to the Customer, payment terms shall be in advance before delivery.


Credit terms (subject to satisfactory references and Pacific Leader's absolute discretion) may be available to the Customer. If a credit has been granted, the Customer must pay in accordance with the credit terms agreed. All payments must be made to Pacific Leader without any set-off, deduction or counterclaim.


If any sum in relation to any order of the Product or Service is not paid to Pacific Leader on the due date for payment:
  • All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date;
  • The Customer will be liable to pay all expenses and legal costs incurred by Pacific Leader in relation to obtaining or seeking to obtain an appropriate remedy; and
  • Pacific Leader may charge the Customer interest calculated on the outstanding amount and accrued during the period from the due date until payment of all outstanding sum is made in full (whether before or after legal judgement) at the rate of one per cent per month, compounded monthly.

7. Passing of Risk and Property

Risk of loss of or damage to the Products shall pass to the Customer on delivery. Ownership of the Products shall not pass to the Customer until all sums due to Pacific Leader from the Customer for those Products have been received by Pacific Leader, and until that time Pacific Leader shall be entitled to the immediate return of all Products at the Customer's cost if the Customer fails to pay any sum in relation to the ordered Products to Pacific Leader. The Customer authorises Pacific Leader and its agents to enter any premises of the Customer and to recover the Products for that purpose.

8. Product and Availability Information

Pacific Leader reserves the right to discontinue any Product or to change its design at any time without any prior notice. Unless otherwise confirmed, the Customer acknowledges that nothing in the Pacific Leader catalogue and website shall be taken as a representation of the source of origin, manufacture, or production of any Products or any part of them.

9. Liability

Pacific Leader shall not be under any liability for any damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the Pacific Leader technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.


Pacific Leader shall not be liable for any economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
  • any express or implied terms of the contract between Pacific Leader and the Customer, or of any order accepted by Pacific Leader;
  • any duty of any kind imposed on Pacific Leader by law; or
  • any defect in the Products or Services.
If, notwithstanding any provisions of these terms and conditions, any liability attaches to Pacific Leader in respect of the Products or the Services, Pacific Leader's liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise in respect of one or more of
  • any express or implied terms of the contract between Pacific Leader and the Customer, or of any order accepted by Pacific Leader;
  • any duty of any kind imposed on Pacific Leader by law; or
  • any defect in the Products or Services, shall be limited in the aggregate to HK$150,000 or the total value of the order, whichever is lower.

10. Cancellations and Returns

Any order made by the Customer is irrevocable. However, Pacific Leader may allow an order to be cancelled at its discretion, provided that the Customer shall indemnify Pacific Leader for the costs incurred by Pacific Leader in respect thereof. If only part of an order is cancelled, Pacific Leader may invoice the Customer any difference in selling price per unit applicable to the quantity actually delivered prior to cancellation compared to the quantity ordered.


The Customer may only return purchased Products to Pacific Leader, and receive a credit or refund, on the following conditions:
  • The Customer must contact Pacific Leader in advance and obtain the prior consent of Pacific Leader and obtain a returns number (to be quoted on all returned paperwork);
  • Return of the purchased Products must be made within 10 days of the date of despatch (as stated on the delivery documentation). Products must be returned to Pacific Leader in their original packaging and in a condition which shall enable them to be immediately fit for re-sale.
  • Products must be adequately packed and dispatched freight prepaid, clearly labelled, to Sales Department, Pacific Leader Technology Limited, Unit A, 3/F, Golden Harvest Building, 15 Wang Chiu Road, Kowloon Bay, Kowloon, Hong Kong. Pacific Leader shall under no circumstances bear any responsibility for any direct, indirect or consequential loss, damage or expenses of any kind howsoever caused during the course of returning the purchased Products to Pacific Leader.
Products accepted for return will be credited at invoice value. Pacific Leader will apply a handling charge of 30% of invoice value or HK$1,000, whichever is higher.

11. Rights in the Pacific Leader catalogue and website

The Customer acknowledges that Pacific Leader and its licensors own the intellectual property rights in the Pacific Leader website, the content thereof and the product codes, and that their whole or partial reproduction without Pacific Leader's prior written consent is prohibited.

12. Force Majeure

A force majeure event is any event beyond the reasonable control of Pacific Leader (including but not limited to strikes, traffic congestion, the downtime of any external line, or Pacific Leader's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Pacific Leader is prevented or restricted from carrying out all or any of its obligations under these terms and conditions by reason of any force majeure event, then Pacific Leader shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, Pacific Leader may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.

Notes:

If there is any discrepancies in English and Chinese version of the Conditions of Sale, Pacific Leader will take the English version as the final confirmation.


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