Welcome to ShipParts.com's service (the "service"). This Service Agreement (this "agreement") as an appendix of Registration Agreement or “商家入驻合同” has the serious binding force to you (“buyer” or “seller”) and Shanghai SPS Information Technology Co., Ltd. (referred to throughout this site as "ShipParts.com"). ShipParts.com offers you access to the service through the web sites identified by the uniform resource locator www.ShipParts.com (the "site") under the following sets forth the terms and conditions of this Service Agreement. Use of the service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the service. This agreement will not take effect unless and until you have activated your account. Terms not defined in this agreement shall bear the same meaning as that contained in the Registration Agreement. Use of the service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the service. This agreement will not take effect unless and until you have activated your account. Terms not defined in this agreement shall bear the same meaning as that contained in the Registration Agreement. 1. Purpose of ShipParts.com ShipParts.com provides an online transaction platform and ancillary services (referred to throughout this site as "Transaction Service”) on the site which allows you to conduct online transaction for marine related products or services within site subject to the terms of this agreement. 2. Eligible to use transaction service Transaction service is limited to parties that lawfully can enter into and form contract under applicable law. For example, minors are not allowed to use the transaction service. ShipParts.com may validate your information at any time. You shall reasonably cooperate with any such verification efforts, including but not limited to providing to ShipParts.com upon request government or legal documents that confirm one’s identity. You represent and warrant that: (a) if you is a business, you is duly organized, validly existing and in good standing under the laws of the country in which your business is registered; (b) you have all requisite right, power and authority to enter into sales contract and perform your obligation hereunder; and (c) any information provided or made available by your or your affiliates to ShipParts.com is at all-time accurate and complete. ShipParts.com could at all times have the right, in its sole discretion, to suspend or cancel your account or access to the site, or to otherwise preclude you from using the site or transaction service according to Registration Agreement, Service Agreement or the terms and conditions governing the service of ShipParts.com. If your account is suspended, restricted, or canceled, you may not continue to use the ShipParts.com service or Site under a different or new account. 3. Role of ShipParts.com ShipParts.com only provides a platform for third party seller and buyer to negotiate and complete transactions. ShipParts.com is not involved in the actual transaction between seller and buyer. When buyer releases a purchase order to seller or sellers, buyer agrees and intends that by doing so, buyer is entering into a binding agreement directly with that seller. User understands and agrees that user’s correspondence or business dealings with other third parties found on or through the site, including payment and delivery of products or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between user and other third parties. User agrees that ShipParts.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealing. User agrees to use good judgment when posting information, comments, feedback or other content regarding ShipParts.com, or other user anywhere within the site. User may be held legally responsible for damages suffered by other user or ShipParts.com or any third party as a result of illegally actions or defamatory comments, remarks or other information or content posted to the Site. Sometimes other user at some extent provides information that may be offensive, harmful or inaccurate, and in some cases may have the wrong description or fraudulent identification. You should use your common sense to judge them and do not be influenced by them. The use of automated systems or software to extract data from ShipParts.com for commercial purposes, ('screen scraping') is prohibited without license. The use of automated systems or software to extract data from ShipParts.com for commercial purposes, ('screen scraping') is prohibited without license. 4. General User Performance ShipParts.com provides users with access to a rich collection of resources, including without limitation communication tools, online stores, trading services, classified content section, payment services and search services, like parts shop search and parts express search. You also understand and agree that ShipParts.com may include advertisements and that these advertisements are necessary for ShipParts.com to provide services. ShipParts.com has the rights to post files and documents uploaded by users, including but not limited Pictures, Drawings, Files, etc. 4.1 Product Search Buyer can search for relevant products and service information by searching Brand, Part No, Seller Name,etc. 4.2 E-auction A procurement demand of a product description is provided by you displayed on E-auction area of ShipParts.com in order to look for marine related products or services. Buyer must describe the products which you desire in detail in the correct categories. The release of a procurement demand by buyer on E-auction area only means an invitation for offer on the product. Sellers may quote a price for one product or provide quotations of multiple products. When you accept one of quotations from seller, your acceptance could not be withdrawn even if the product does not match the prior description you displayed. 4.3 Request for Quotations Buyer could issue not more than 10 requests for quotation (“RFQ”) at a time to sellers when buyer wants to purchase products or services and want to receive competitive offers from several sellers. When buyer places an order, the receipt by buyer of an order confirmation will only be an acknowledgement and will not constitute acceptance of your order. A contract between buyer and seller for the purchase of the goods will not become effective until online payment has been approved by ShipParts.com. 4.4 Online Payment To pay the charges for marine related products or services, you will be asked to provide a payment terms at the time you receive the order confirmation. Additionally, you agree to permit ShipParts.com and co-operative bank to use any updated account information regarding your selected payment terms provided by your issuing bank or the applicable payment network. Upon receiving your payment notice, a standard check on your payment will be carried out to ensure there is full payment received by ShipParts.com and co-operative bank to fulfill the transaction. Products will not be dispatched until this check has been completed. 4.5 Transactions Disputes When the dispute appears between buyer and seller, buyer can submit the mediation application to ShipParts.com in order to find a mutually acceptable solution to the dispute. If the parties cannot reach the peaceful settlement of the dispute in the transactions disputes program on the site, the parties each can submit the dispute to a forum for dispute resolution mutually agreed on the sale contract or according to the choice of law. 4.6 Refund Policy Unless otherwise provided by law or terms of this agreement, all purchases are final and non-refundable. ShipParts.com and co-operative bank on behalf of seller reserve the right to issue refunds or credits. If you are due refund, you are responsible for any taxes and charges you may incur as a result of this payment to you. If you receive a payment in error, ShipParts.com and co-operative bank on behalf of seller may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. 4.7 User Code of Conduct You agree that you will not interfere or attempt to interfere with the normal operation of ShipParts.com or any transaction being conducted on the site. You cannot artificially inflate some Feedback or sabotage some Feedback of others by means of deceived or deceptive intent cohorts (subordinate customer or third party) in order to damage the integrity of the information feedback system. 5. Buyer Protection Buyer protection is a program provided by ShipParts.com that enables buyer to conduct online transaction with confidence on the site. Disputes happen between buyer and seller under some specified conditions should follow the program first. ShipParts.com will intervene in disputes according to claims of buyer and make things right when they have gone wrong for buyer and seller has failed to act adequately to resolve the dispute. Buyer has right to file a claim to ShipParts.com during 3-30 days after the delivery date promised by seller in the purchase order (“P.O.”). 5.1 Situation No.1: when logistics system show that buyer have received the product Normally, when buyer confirms the reception of the ordered product to ShipParts.com, the payment held by ShipParts.com and co-operative bank will be accordingly released to seller. If buyer does not confirm the reception of the ordered product over 14 days from the date of receipt showed in the transport document, this would be deemed as confirmation of product receipt. 5.2 Situation No.2: when logistics system show that buyer does not receive the product. If buyer doesn’t receive the product over 18 days from the date of receipt showed in the transport document, buyer needs to report this situation to seller. Seller should address buyer’s concern and provide updates on the delivery of the product, tracking information, or a refund. If buyer is not happy with seller’s response or does not receive any response, buyer can involve ShipParts.com in this situation by clicking Submit Dispute. If involved, ShipParts.com will review the information provided by buyer and seller for evidence of successful on-time delivery to the buyer’s address. If ShipParts.com determines that the product was not successfully delivered, the liability of failure of delivery should be shared between seller and transport contractor/ the carrier. If buyer refuses delivery, buyer’s claim is generally not eligible. In this case, buyer’s refusal is outside the scope of this situation, unless buyer can provide, via written proof from transport contractor/ the carrier, that buyer refused the package because it arrived empty or was damaged in shipping. 5.3 Situation No.3: when a product does not match the description on the site If buyer receives the product that does not match the description on the site, buyer needs to report this situation to seller. Seller should address buyer’s concern and offer a solution, such as accepting a return, offering a replacement or refund. If buyer does not receive a response or solution, or returns the product but does not receive a refund or replacement from seller, buyer can involve ShipParts.com in this situation by clicking Submit Dispute. If involved, ShipParts.com will review the product’s description, photos of the product, if provided by buyer or seller, and any other information about the product that buyer and seller provide. If ShipParts.com determines that the product does not match the description, buyer could choose a return or get a partial refund and keep the product. Seller should take the responsibility for exchanging the product or refunding this partial payment. 5.4 Situation No.4: Counterfeit items If buyer suspects that the product is counterfeit, and there are strong indicators that the product is counterfeit, buyer shall involve ShipParts.com in this situation by clicking Submit Dispute and cooperate with ShipParts.com to ensure the proper disposal of the product. In such instances, Seller should take the responsibility to refund buyer for the payment of the product. 6. Dangerous Goods Transportation If the products sold by the seller are dangerous goods(defined as “dangerous goods” by local Customs and Government according to relevant regulations).The seller shall help prepare the documents related to the transportation of dangerous goods such as Dangerous Cargo List, Declaration for Dangerous Goods, Container Packing Certificate to ensure safety and compliance in dangerous goods transportation. ShipParts.com shall not be liable for loss or transaction failure due to dangerous goods transport problems. The buyer and seller shall have separate negotiation or solve the problem through other means. 7. Warranty Disclaimer ShipParts.com makes no express or implied representations or warranties with regard to ShipParts.com’s services, work products, ShipParts.com resources, the site, any activities or items related to this agreement, or business conducted or purchases made with the assistance of ShipParts.com, all of which are provided “as is.” to the maximum extent permitted by law, ShipParts.com disclaims all express or implied representations and warranties including, but not limited to, the warranties of merchant-ability, fitness for a particular purpose, and non-infringement. In addition, buyer agrees that no advice or information (oral or written) obtained by user from ShipParts.com shall create any warranty of any kind not expressly made herein. ShipParts.com makes no representations or warranties of any kind concerning other users or their work, including but not limited to representations or warranties concerning the safety of projects or users’ capabilities, honesty, reliability, trustworthiness, or abilities to pay. Without limiting the generality of the foregoing, ShipParts.com does not warrant or represent that your use of the site or interactions with other users, or projects will be safe. You understand and agree that ShipParts.com does not assume, and expressly disclaims, any responsibility or liability for any damages to, or viruses or other malware that may infect, your equipment or other property on account of your access to or use of the site. You further understand and agree that ShipParts.com does not assume and expressly disclaims any responsibility or liability for any damage or harm that any project causes to any property or person. 8. Limitation of Liabilities In no event shall ShipParts.com, or its subsidiaries, parents, officers, directors, employees, agents, consultants, contractors, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to ShipParts.com's services, your use of ShipParts.com’s services or the site, the conduct of any user (whether tortious or otherwise) in connection with the use of the site by you or any other user, or this agreement, including without limitation, lost profits, bodily injury, or emotional distress. Notwithstanding the foregoing, to the extent ShipParts.com is ever determined to be liable to you, whether in contract, tort (including negligence), strict liability, or otherwise, even if ShipParts.com is advised of the possibility of such costs or damages, and even if the limited remedies provided herein fail of their essential purpose, in no event shall ShipParts.com be liable to you, and you waive any right to seek compensation from consequential or special damages. 9. Indemnity Buyer agrees to indemnify and hold ShipParts.com and ShipParts.com’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Buyer’s conduct or failure to act, Buyer’s use of ShipParts.com’s services, or Buyer’s use of the Site, including but not limited to claims or demands relating to Buyer’s breach of this Agreement, failure to pay in accordance with the purchase order, violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation. 10. Others 10.1 Headings used in the Agreement are for reference purposes only and in no way define or limit the scope of the section. 10.2 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. 10.3 Any dispute arising out of or related to this Agreement or your use of this Site must be submitted to the China international Economic and Trade Arbitration Commission (CIETAC) SHANGHAI Sub-Commission (Arbitration Center) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties. 10.4 This Agreement shall be governed by and construed under the laws of People’s Republic of China (“P.R.C.”) without regard to conflict of law provisions. 10.5 If there is any conflict between the English version and Chinese version of this Agreement, the English version shall prevail.
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