Terms and Conditions

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HJ STRUCTURED TECHNOLOGIES GENERAL TERMS AND CONDITIONS 

Last Update: July 31, 2024

Revison No: V2.0

AGREEMENT

These Terms and Conditions ("Agreement") govern the provision of quotations by HJ STRUCTURED TECHNOLOGIES INC. ("SELLER") to Client ("BUYER"). By accepting a quotation from the Company, the Customer agrees to abide by the terms set forth herein.

PRICING

1. All prices are subject to change without prior notice, except orders accepted by HJ STRUCTURED TECHNOLOGIES INC.. 
2. If the BUYER is exempt from paying taxes (e.g. VAT zero-rated, VAT exempt, etc.). It is sole responsibility of the BUYER to submit necessary documentation and certification from the regulatory government agencies.
3. The SELLER has the right to impose additional taxes if the BUYER fails to present updated certifications for their tax category.

TERMS AND PAYMENTS

1. BANK DEPOSIT/ ONLINE PAYMENTS/ DIGITAL TRANSFERS: upon payment, make sure to send a copy of the digital receipt to your sales manager and/or to our accounting team with email address at accounting@hjstinc.com for further validation. Depending on the mode of payment used, this may take one (1) to three (3) business days.
2. CHECK PAYMENTS: all issued checks should be addressed to “HJ STRUCTURED TECHNOLOGIES INC.”.
3. APPROVED PAYMENT TERMS are based on the relationship with the SELLER and the BUYER, financial capacity, order threshold and other qualifications imposed by the SELLER. However, this might decrease, suspended or terminated due to non-compliance on the payment terms provided on the quotations or sales invoices.
4. PENALTY, If the BUYER fails to pay the invoices within the terms or due date provided, the SELLER has the right to impose late payment fees of three percent (3%) per month on the invoices outstanding balance. The BUYER is responsible for any fees and expenses incurs by the SELLER in collecting any payment dues, including but not limited to lawyer’s fees and collection costs.

ORDERS AND ACKNOWLEDGEMENTS

1. The BUYER agrees to collect an authorized signature upon approval of the quotation or approved purchase order provided by the BUYER as proof of order. The order only validates if the SELLER formally accepts it. All confirmed orders are considered final and not subject to changes or modifications unless otherwise explicitly approved by the SELLER.
2. Any approved changes to an existing order may delay the delivery date, work completion, and additional costs.

DELIVERY POLICY

1. ON-STOCK ORDERS, we are committed to shipping the items within three (3) to seven (7) business days within Metro Manila. This shipping day might change due to uncontrollable instances (e.g. Supply Chain Disruptions, Logistics and Transportation Issues, Customs and Regulatory Delays, Demand Fluctuations, Operational Inefficiencies, Technological Problems, Pandemics and Global Events, Vendor and Supplier Issues, Environmental Disasters, etc.).
2. CTO/ ORDER-BASIS ORDERS are subject to the availability of components and raw materials, and the lead times stipulated by the respective brands. Consequently, shipping lead times for custom orders may be extended and are beyond the company’s control, as they are dependent on the timelines established by the distributor and the logistics involved in transporting goods from the manufacturing facility or distributor's warehouse to our warehouse.
3. CHARGES: A shipping fee may occur on all orders less than fifty thousand pesos (PHP 50,000.00); otherwise, the buyer is qualified for free shipping (METRO MANILA ONLY). The shipping cost outside Metro Manila shall be based on our third-party logistics (3PL) provider, and the buyer will be informed of the cost prior to the shipping date.
4. DELIVERY ACCEPTANCE: The authorized representative shall provide any one (1) government ID, including their company ID, as verification to receive the ordered items. The ID's name should match the contact person's name or instructions of the BUYER; otherwise, the item will not be released, and additional redelivery charges may occur. 
5. CHANGES ON SHIPPING DAY, the SELLER has the right to change the committed shipping day without prior notice based on the uncontrollable reasons above.
6. EXCUSABLE DELAY: The Seller shall not be held liable for any delay in the performance of orders or contracts, or in the delivery or shipment of products, or for any damages incurred by the Buyer due to such delays, if such delay is directly or indirectly caused by or arises from any of the following circumstances: Force Majeure, including but not limited to, acts of God, public enemies, war, compliance with any applicable law, government act or regulation, fire, flood, quarantine, embargo, epidemic, unusually severe weather conditions, strike, work stoppage, acts or omissions of carriers, or any other cause beyond the control of the Seller. In the event of such delay, the Seller will not be liable for termination of the contract, and the delivery or performance date shall be extended for a period equivalent to the duration of the delay.

RETURNS

1. RETURNS, this should be express in writing by the BUYER and subject for approval by the SELLER. Products ordered incorrectly cannot be returned.
2. MANUFACTURING DAMAGE, upon thorough inspection and troubleshooting by the SELLER representative a Return Merchandise Authorization (RMA) will be issued along with the instruction for shipping. Items damaged during shipping or found to be defective in manufacture may be returned within 7 days of receipt. The Buyer must ensure that such items are delivered to the SELLER’S designated warehouse within this period.
3. Custom or special orders are non-returnable as these items are manufactured to meet specific requirements set by the Buyer.
4. The Seller reserves the right to apply a 25% restocking fee on all approved returns.

CANCELLATIONS

1. Cancellations should be expressed in writing. The SELLER has the right to impose cancellation charges as deemed appropriate. Please note that cancellations will not be permitted for products that are not regular stock, are in the process of manufacturing or customization, or are ready for shipment.

WARRANTY

1. As a reseller of products manufactured by others, the SELLER extends to the BUYER all assignable warranties provided by the manufacturer of the product. The SELLER does not offer any additional warranties beyond those specified by the respective manufacturers
2. For products customized by the SELLER, the SELLER warrants that such products will comply with the written specifications accepted by the SELLER. This warranty excludes any damage or defects resulting from actions or omissions by the BUYER or any other party after the products have been delivered Ex Works.
3. Service Warranty Add-On: The BUYER may opt to purchase an additional service warranty. This service warranty covers specific repair and maintenance services as outlined in the add-on agreement. The terms and conditions of the service warranty, including its duration and scope, will be detailed in a separate agreement provided at the time of purchase.
4. To make a warranty claim, the BUYER should coordinate directly with the service center designated by the manufacturer or, if the product includes an onsite warranty, contact the brand directly. If assistance is needed in identifying the correct contact point, the BUYER may inform the SELLER, who will provide guidance on how to proceed.
5. The SELLER’S liability for any breach of the warranty shall be limited, at the SELLER’S sole discretion, to either the repair or replacement of non-conforming products or an adjustment in the purchase price of the non-conforming products.
6. Under no circumstances shall the SELLERS liability exceed the purchase price of the allegedly non-conforming products.
7. LIMITATION OF WARRANTY. SELLER MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS.
8. LIMITATION OF LIABILITY. SELLER SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION LOSSES) AS A RESULT OF THIS AGREEMENT (OR THE BREACH HEREOF) OR SUCH DAMAGES SUFFERED BY ANY PURCHASER OR END USER OF ANY PRODUCTS, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE. 
9. NON-ASSIGNMENT: Buyer shall not assign its orders nor any of its rights or obligations thereunder without Seller’s prior written consent. 
10. WAIVER AND MODIFICATION: No waiver or modification of any of the terms and conditions contained herein shall be effective unless such waiver or modification is in writing and signed by an authorized representative of Seller. 

CONFIDENTIALITY

1. Agreement
   1. Both parties agree to treat all information exchanged during the course of the business relationship as confidential and shall not disclose such information to third parties without the written consent of the other party.
2. Governing Law and Dispute Resolution
   1. Governing Law
      1. This Agreement shall be governed by and construed in accordance with the laws of the Philippines.
   2. Dispute Resolution
      1. Any disputes arising from or related to this Agreement shall be resolved through amicable negotiations. If no resolution can be reached, both parties agree to submit to the exclusive jurisdiction of the courts of the Philippines.