PVLinkTech Terms of Sale
Effective Date: August 6, 2026
Last Updated: August 6, 2026
These Terms of Sale (“Terms”) govern all quotations, offers, order confirmations, sales, and supplies of products (“Goods”) by Xinyi Suofanta Technology Co., Ltd., trading as PVLinkTech (“Seller”), to the purchaser of the Goods (“Buyer”).
These Terms apply only to business-to-business transactions. Any different or additional terms proposed by Buyer are rejected unless expressly accepted by Seller in a written document signed by an authorized representative of Seller.
1. Offers and Acceptance
1.1 All quotations and offers issued by Seller are subject to these Terms and remain valid only for the period stated in the applicable quotation or Proforma Invoice (“PI”).
1.2 A contract is formed only when Seller issues a written order confirmation, accepts Buyer’s written purchase order, receives payment required under the PI, or begins manufacture of the Goods, whichever occurs first.
1.3 Buyer’s acceptance of a quotation, PI, order confirmation, delivery, or Goods constitutes acceptance of these Terms.
1.4 Buyer is responsible for confirming all part numbers, drawings, datasheets, specifications, quantities, and other technical requirements before placing an order. Seller may provide technical information upon request, but Buyer remains responsible for determining the suitability of the Goods for Buyer’s intended use.
2. Prices, Payment, and Taxes
2.1 Prices, currency, payment terms, delivery terms, and the validity period of each offer shall be stated in the applicable PI or order confirmation. Seller may correct clerical, typographical, or calculation errors before accepting an order.
2.2 Unless expressly stated otherwise in the applicable PI or order confirmation, prices do not include freight, insurance, customs clearance, import duties, taxes, bank charges, or other governmental charges.
2.3 Buyer shall make payment in full, in the currency and by the method stated in the applicable PI or order confirmation, without set-off, deduction, withholding, or counterclaim except where required by applicable law.
2.4 If Buyer fails to make any payment when due, Seller may, without limiting any other remedy:
- Suspend production, shipment, or performance;
- Require advance payment or other security for future orders;
- Charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law; and
- Recover reasonable collection costs, including legal fees where permitted by law.
2.5 Buyer is responsible for all import licenses, customs formalities, duties, taxes, and regulatory requirements in the destination country, unless otherwise expressly agreed in writing.
3. Delivery, Incoterms, Risk of Loss, and Title
3.1 The applicable delivery term shall be stated in the PI or order confirmation and shall be interpreted in accordance with Incoterms® 2020.
3.2 Unless otherwise stated in the PI or order confirmation, delivery shall be EXW Seller’s facility in Shenzhen, China, Incoterms® 2020. Under EXW, delivery occurs and risk transfers when the Goods are placed at Buyer’s disposal at the named place, ready for collection and not loaded on the collecting vehicle.
3.3 If the PI or order confirmation states FOB [named port of shipment], China, Incoterms® 2020, delivery occurs and risk transfers when the Goods are loaded on board the vessel nominated by Buyer at the named port of shipment.
3.4 Buyer shall provide timely and complete shipping instructions, including carrier, vessel, loading point, and other required information. Seller shall not be liable for delay, additional cost, or loss caused by incomplete, inaccurate, or late shipping instructions from Buyer.
3.5 Delivery dates are estimates only and are not guaranteed. Time is not of the essence unless expressly agreed by Seller in writing. Seller may make partial shipments unless otherwise agreed in writing.
3.6 Title to the Goods shall remain with Seller until Seller receives full payment of all amounts due for the relevant Goods. Risk of loss transfers in accordance with the agreed Incoterms® 2020 rule, regardless of when title transfers.
4. Product Specifications and Modifications
4.1 Seller may modify product designs, manufacturing processes, materials, or components without prior notice, provided that such modifications do not materially impair the form, fit, function, or agreed performance specifications of the Goods.
4.2 Seller may discontinue a product line or decline an order at its reasonable discretion before issuing an order confirmation.
4.3 Unless expressly agreed in writing, samples, drawings, catalogues, photographs, descriptions, and technical data are for general reference only and do not constitute a warranty or guarantee.
5. Suitability and Restricted Applications
5.1 Buyer is solely responsible for determining whether the Goods are suitable for Buyer’s intended application, system design, installation environment, and regulatory requirements.
5.2 Except as expressly stated in Section 8, Seller makes no warranty that the Goods are suitable for a particular purpose, even if Seller has been informed of that purpose.
5.3 The Goods are not designed, authorized, or intended for use in life-support systems, nuclear facilities, military applications, aviation safety systems, medical devices, or other safety-critical applications where a failure could reasonably be expected to cause death, personal injury, or substantial property or environmental damage.
5.4 Buyer shall defend, indemnify, and hold Seller harmless from claims, losses, liabilities, damages, and expenses arising from Buyer’s unauthorized use of the Goods in any restricted application.
6. Inspection, Shortages, Defects, and Returns
6.1 Buyer shall inspect the Goods promptly upon delivery and notify Seller in writing within ten (10) calendar days after delivery of any visible damage, shortage, incorrect Goods, or apparent non-conformity.
6.2 Buyer’s notice must include the order number, part number, quantity, a description of the issue, supporting photographs where applicable, and any other information reasonably requested by Seller.
6.3 The ten-day inspection period applies to visible issues only and does not limit Buyer’s rights under the limited warranty in Section 8 for latent defects.
6.4 No Goods may be returned without Seller’s prior written Return Material Authorization (“RMA”). Unauthorized returns may be refused or returned to Buyer at Buyer’s expense.
6.5 If Seller verifies a valid claim, Seller may, at its sole option, repair the Goods, replace the Goods, issue a credit, or refund the purchase price paid for the affected Goods.
6.6 Goods that have been installed, used, altered, damaged after delivery, or returned without an RMA are not eligible for return, except where required by applicable law.
7. Cancellations and Changes
7.1 Buyer may not cancel, reschedule, or modify an accepted order without Seller’s prior written consent.
7.2 As many Goods are made to order, any approved cancellation may be subject to charges for work performed, materials purchased or committed, non-cancellable supplier obligations, storage, restocking, handling, and reasonable administrative costs.
7.3 Orders that have been completed, shipped, or are in final production may not be cancelled except as expressly agreed by Seller in writing.
8. Limited Warranty
8.1 Seller warrants that the Goods will be free from material defects in materials and workmanship for one (1) year from the date of shipment, unless a different written warranty period is stated in the applicable PI, order confirmation, or product-specific warranty document.
8.2 To make a warranty claim, Buyer must notify Seller in writing within thirty (30) calendar days after discovering the alleged defect and, in all events, before expiration of the applicable warranty period.
8.3 Seller’s sole and exclusive obligation, and Buyer’s sole and exclusive remedy, for a valid warranty claim shall be, at Seller’s option, repair, replacement, credit, or refund of the purchase price paid for the defective Goods.
8.4 This warranty does not apply to defects or damage caused by improper installation, improper storage, misuse, neglect, accident, normal wear and tear, incorrect application, use outside Seller’s specifications, improper system design, unauthorized modification, repair by an unauthorized person, or failure to follow Seller’s instructions.
8.5 Except for the express limited warranty in this Section 8, Seller disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
9. Limitation of Liability
9.1 To the maximum extent permitted by applicable law, Seller shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profit, loss of revenue, loss of business opportunity, business interruption, loss of goodwill, or loss of data.
9.2 Seller’s total aggregate liability arising out of or relating to any order, the Goods, or these Terms shall not exceed the amount actually paid by Buyer to Seller for the specific Goods giving rise to the claim.
9.3 The limitations in this Section apply regardless of the legal theory of liability and even if Seller has been advised of the possibility of such damages.
10. Force Majeure
Seller shall not be liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, shortage of materials, transportation disruption, power interruption, governmental action, export restrictions, or acts of suppliers or carriers.
If such event continues for more than ninety (90) days, either party may terminate the affected order by written notice, provided that Buyer shall pay Seller for all Goods delivered and all work performed before termination.
11. Compliance, Export Controls, and Sanctions
Buyer shall comply with all applicable laws and regulations relating to import, export, re-export, transfer, use, and sale of the Goods, including applicable export-control, sanctions, anti-bribery, and customs laws.
Buyer shall not export, re-export, transfer, or use the Goods in violation of any applicable law or for any prohibited end use, end user, or destination.
12. Confidentiality and Intellectual Property
12.1 All drawings, specifications, designs, samples, quotations, technical documents, and other information provided by Seller remain Seller’s confidential information and property unless otherwise agreed in writing.
12.2 Buyer shall not reproduce, disclose, reverse engineer, or use Seller’s confidential information except as necessary to evaluate, purchase, install, or use the Goods.
12.3 No intellectual-property right, license, or ownership interest is transferred to Buyer except the limited right to use the Goods as supplied.
13. Governing Law and Dispute Resolution
13.1 These Terms and all sales contracts between Seller and Buyer shall be governed by the laws of the People’s Republic of China, excluding its conflict-of-laws rules.
13.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
13.3 The parties shall first attempt in good faith to resolve any dispute through negotiation between authorized representatives.
13.4 Any dispute that is not resolved within thirty (30) days after written notice of the dispute shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC), Shenzhen, for arbitration in accordance with its rules then in effect.
13.5 The place of arbitration shall be Shenzhen, China. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties.
14. Notices
All notices under these Terms must be in writing and sent by email, courier, or registered mail to the contact details stated in the applicable PI, order confirmation, or other written communication between the parties.
Seller’s notice email: [email protected]
15. Entire Agreement, Assignment, and Severability
15.1 These Terms, together with the applicable quotation, PI, order confirmation, and any written product-specific agreement signed by both parties, constitute the entire agreement between Seller and Buyer regarding the relevant Goods.
15.2 In the event of a conflict, the following order of precedence applies:
- A separately signed written agreement;
- Seller’s order confirmation;
- The applicable PI;
- These Terms; and
- Buyer’s purchase order or other Buyer documents.
15.3 Buyer may not assign, transfer, or subcontract its rights or obligations without Seller’s prior written consent. Seller may assign its rights or obligations to an affiliate or successor in connection with a merger, restructuring, or transfer of business assets.
15.4 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.5 Seller’s failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
16. Contact
PVLinkTech
Xinyi Suofanta Technology Co., Ltd.
Room 101, Building E, Xiashijia Second Industrial Zone
(Lihao Aoda Science Park), Matian Street, Guangming District
Shenzhen, Guangdong 518104, China
Email: [email protected]
Website: https://www.pvlinktech.com/
