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1. The following rules and regulations apply to all visitors to or users of SteelClik.com, MROClik.com & SteelClik.cn (herein below called Websites in short). By accessing websites mentioned above, user acknowledges acceptance of these terms and conditions. Websites management team reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Websites management reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the websites, both now and in the future
2. Any quotation by the Seller is given without obligation and merely represents an invitation to the Buyer to make an offer to buy. No order placed by the Buyer on the basis of such a quotation or otherwise shall impose any obligation to deliver on the Seller. A Contract is deemed to be entered into as soon as the order has been duly accepted in writing or by electronic data transfer using the Seller's letterhead "Confirmation of Order".
3. Any statement made in the brochures, catalogues, manuals or leaflets of the Seller, or in correspondence between the Buyer and the Seller shall have no legal effect.
4. All contracts for the sale of goods by the Seller, however formed, incorporate these Conditions. Any term or condition in the Buyer’s order or other documentation which is inconsistent with these Conditions shall be of no effect.
5. The Supplier undertakes to deliver the material according to stipulated in the Contract Documents.
6. Dates or periods for delivery are approximate and are given for information only. The Purchaser shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.
7. Seller shall not be responsible for any delay in delivery due to causes beyond the control of Seller or Seller's supplier(s), including but not limited to, acts of God, war, mobilization, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, fires, floods, accidents, machinery breakdowns, quarantine, strikes, lockouts or other labor difficulties, shortages of or inability to obtain shipping space or transportation, or inability to obtain timely delivery from Seller's supplier(s). In the event of delay in delivery due to any such causes, the time or delivery shall be extended automatically for a period of 45 days and Buyer shall extend all appropriate Letters of Credit for 45 days. If delivery is not made within such extended 45 day period, the contract shall be terminated upon notice of either party and without liability of either party to the other, except for payment of any monies then due to Seller from Buyer; provided however, that in no event may Buyer cancel this order for delays in delivery due to force majeure after goods have left point of shipment.
8. The Seller’s liability in all cases is limited to foreseeable and customary damages in the trade. If the Seller has expressly and in writing undertaken to deliver the Products on a certain date, the Seller shall, to the exclusion of any other remedies, be liable to pay liquidated damages due to delay in delivery, provided that it has been expressly agreed in writing.
9. The Buyer shall be entitled to withdraw from the Contract due to a delay in delivery only if the Buyer has fixed an additional period of time of reasonable length, during which the Seller has not delivered the goods.
10. Considering there might be only a few shipping line available to some destinations, Purchaser cannot cancel the order if cargo is already produced and only awaiting for shipping.
11. Unless otherwise expressly stated, Seller shall have the right to make delivery in installments. All installments shall be separately invoiced and paid as billed without regard to subsequent deliveries and no offset shall be allowed against the payment due for such installment. Failure to pay for any installment when due shall excuse Seller from making further deliveries under this or any other contract Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining installments. Delivery dates are approximate and are based on information from Seller's supplier(s).
12. Subject to the provisions of these Conditions, goods supplied by the Supplier will, at the date of delivery, comply with any specification and standard specified by the Supplier in the Contract Documents.
13. Seller warrants that all goods conform to the specifications contained herein. All other warranties, express or implied, including, without limitation, the warranties of merchantability and fitness for particular purpose, are excluded.
14. Seller shall not be liable for normal variations in tolerance, weights, dimensions, straightness, composition, mechanical properties and quantities, except as may be otherwise specified herein, Buyer agrees surface and/or atmospheric rust is normal unless otherwise specified herein.
15. Under no circumstances shall the Supplier be liable for any loss, damage or expense whatsoever incurred or suffered by the Purchaser (including, but without limitation, loss of profit, revenue or goodwill).
16. The Buyer agrees to indemnify and hold the Seller harmless from any and all claims, demands, proceedings and actions which may be made or brought against the Seller by any person, including (but not limited to) any purchaser of the goods or any product made therefrom, arising from the use of such goods or any products in which such goods are used or from any infringement of any patent, trade mark or trade name, copyright and the like, or from any latent or hidden defects in the quality of said goods or resulting products, or from the dangerous condition thereof, and the Buyer shall pay any and all costs, fees (including reasonable lawyers’ fees) and expenses, judgments, awards and fines for and on behalf of the Seller as incurred or as they become due.
17. Subject to any Incoterms expressly incorporated into the contract by any of the Contract Documents, risk in the goods shall pass to the Buyer when the goods are delivered to the Buyer.
18. The goods covered by the Contract shall remain the property of the Seller until the full payment due under all Contracts between the Buyer and the Seller has verifiably been effected. The Buyer shall store the goods delivered in such a manner that they can be identified as the property of the Seller. If any payment is overdue in whole or in part, or if an execution is levied upon the property or assets of the Buyer or if a petition for bankruptcy (voluntary or involuntary) is filed by the Buyer or by any of his creditors, or if the Buyer becomes unable to meet his obligations as they fall due, the Seller may enter the premises of the Buyer for the purpose of recovering or reselling all or part of the goods delivered to such an extent as is permitted by applicable law.
19. The Price of the Supply shall be paid following the terms mentioned in the Contract Documents.
20. The payment shall be deemed as being effectively made only when the Seller's account has been irrevocably credited with the full amount in the currency specified in the invoice. The Buyer shall not be entitled to withhold any payment or partial payment of any sum alleged to be due to the Buyer by way of set-off or counterclaim unless the counterclaim is undisputed or a court of applicable jurisdiction has decided with a non-appealable judgement that the sum is due to the Buyer.
21. The Buyer shall not be entitled to withhold payment of any amount payable for the supply of goods or otherwise under the Contract Documents to the Seller because of any disputed claim of the Buyer in respect of defective goods or any other alleged breach of the Contract Documents, nor shall the Buyer be entitled to set off against any amount payable for the supply of goods or otherwise under the Contract Documents to the Seller any monies which are not then presently payable by the Seller or for which the Seller disputes liability.
22. The Supplier is entitled to charge annual interest for any overdue payment at a rate of 16 % per annum.
23. Neither party shall be responsible for any delay in or failure to carry out his duties under this Agreement if such a delay or failure results from a reason of Force Majeure.
24. Force Majeure shall be any event beyond a party's control, which could not reasonably have been avoided or overcome and which partially or wholly prevents the performance of the Agreement, such as war, riot, terrorism, earthquake, fire, flood, hurricane, insurrection, strike, lockout, actions of civil or military authority.
25. In case of Force Majeure, the party shall notify the other party in writing thereof within seven (7) days from the incident in question. After this notification, the Supplier and the Purchaser shall agree on the change in delivery time. The delivery time shall in any case not be extended by more than the period of the Force Majeure circumstances. The affected party shall give the other party a written notification within seven (7) days of the termination of the said circumstances.
26. Any pricing information provided by Seller to Buyer is proprietary to Seller and shall be held in confidence by Buyer, shall only be used by Buyer in connection with this sale, and shall not be used for any other purposes or disclosed to third parties without Seller’s prior written consent. Buyer shall be liable for any loss to Seller or commercial gain by others from unauthorized use of confidential information occasioned by Buyer’s failure to comply with this provision.
27. Seller assumes no obligation or liability for any technical advice furnished to Buyer, including without limitation technical advice with respect to the use of Seller’s goods and services, all such technical advice being given and accepted at Buyer’s risk. Seller will not be liable for any damages of any kind arising out of or relating to the use of or the inability to use the information provided, including but not limited to any special, indirect, incidental or consequential damages including, but not limited to, demurrage charges, cost or shipment, downtime, lost profits or lost sales, whether foreseeable or not, and even if Seller has been advised of the possibility of damages.
28. Quality and quantity shall be final at load. Buyer shall have the right and be given the opportunity to inspect and test the goods at point and time of loading. Buyer's failure to inspect or test the goods at that time shall preclude rejection of the goods if the basis for such rejection reasonably would have been disclosed by such inspection or testing. Buyer's inspector shall be deemed Buyer's agent with authority to waive test and inspection procedures.
29. All claimed damage, nonconformities to contract specifications or defects (which are or reasonably should be discovered) and all claimed shortages in deliveries shall be recorded on dock delivery receipt(s) prior to removal of goods from pier by Buyer or inland bill(s) of lading and/or truck receipt(s) on goods delivered to Buyer's premises by Seller, such bill(s) of lading and/or receipt(s) being hereinafter referred to as “documentary support”. All claims for damage, nonconformities to contract specifications, defects or shortages in deliveries shall be made promptly after such damage, nonconformities, defects or shortages are or reasonably should have been discovered. All claims or whatever nature shall be made in writing sent by Buyer to Seller by registered or certified mail, shall state with particularity the nature of the claim and shall be accompanied by documentary support. Failure to furnish such documentary support shall constitute an absolute bar to any claim. Full facilities shall be offered Seller and its insurer for inspection and investigation of all claims. In no event may any claim be made more than 30 days after goods are made available to Buyer.
30. The Supplier shall make good by repair or replacement with all possible speed at his expense any defect in or damage to any part of the Supply which may appear or occur during the warranty period and which arises from defective design, material, workmanship, instructions or documentation or from any act or omission of the Supplier.
31. If any such defect appears or damage occurs during the warranty period the Purchaser shall forthwith inform the Supplier thereof stating in writing the nature of the defect or damage.
32. In the event that a timely and bona fide claim is made in accordance with the terms hereof, Seller shall have the right in its discretion either to replace the goods or to give Buyer an allowance there for, and Seller shall have no further liability with respect to the goods or their use. In no event shall Seller's liability exceed the amount of the purchase price. Seller shall under no circumstances be liable for lost profits, injury to goodwill or any other special, incidental or consequential damages. Buyer's obligation to accept and pay for the balance of the goods delivered or to be delivered or to be delivered under the contract shall not be affected by any claim and in no event shall Buyer have the right to reject sound coils, bundles, packages or other shipping units.
33. The supply order can be partially or totally postponed, cancelled and terminated by Seller without incurring in any liability or whatsoever regardless judicial or extrajudicial interpellation or notification under the following conditions:
a) if any debt is due and payable by the Buyer to the Seller but is unpaid.
b) the imposition of any new, additional or increased tax, public charge, freight, tariff or duty which may after the date of the quotation or contract be levied on or imposed on the goods to be sold, or upon any sale, delivery, or other action taken under or in connection with any contract to which these Conditions apply, or upon the export or import of such goods or materials required to produce the goods.
c) if the Customer puts itself in a default situation as regards any obligation to Seller.
d) if the Customer undergoes foreign exchange protest, law suit, presenting publicly known evidence of insolvency.
e) if the Customer has its bankruptcy determined, requests bankruptcy or homologation of judicial or extrajudicial recovery.
34. In case one or more of the provisions or conditions of the Contract or any part thereof are or become void, unenforceable or otherwise invalid, the remainder of any Contract that incorporates such a provision or condition shall continue to be fully binding, including the remainder of any partially valid condition or provision. The parties undertake to replace any invalid condition or provision with such condition or provision, whose economic effects correspond as far as possible to those of the invalid condition or provision.
35. Any dispute arising out of or in connection with the Contract that cannot be settled by mutual negotiations, shall be finally settled by arbitration.
36. The Contract shall be governed by and construed in accordance with the laws of Seller’s country of domicile. All disputes arising from or in connection with this Contract shall be submitted to arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The arbitral award is final and binding upon both Parties.