Sales & Shipping Policy

Terms and Conditions of Sale

1. Sale and Purchase of Goods

ZiamEX Co., Ltd. ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on our Pro Forma Invoice and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as stated on our Pro Forma Invoice.

3. Payment Terms

The total Invoiced amount is to be paid up front by TT (Wire Transfer) or via Paypal (paypal@ziamex.com). For invoiced amounts exceeding $ 20,000.00, a 50% down payment is required, the remainder should either be paid just prior to shipping or if so desired client may have a bank of choice issue an irrevocable LC (on sight). Other payment terms can be negotiated.

3.1 Bank Accounts

(USD Account)

Bank Name : Kasikornbank

Branch : Seacon

Address : Bangkok, Thailand

Account Name : ZiamEx Co., Ltd.

Account No : 095-92-0189-7

Swift Code : KASITHBK

(Thai Baht)

Bank Name : Kasikornbank

Branch : Seacon

Address : Bangkok, Thailand

Account Name : ZiamEx Co., Ltd.

Account No : 095-2-94422-5

Swift Code : KASITHBK

Paypal Account :

paypal@ziamex.com

4. Delivery

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.

4. Shipping

All orders are shipped within 2 weeks after receipt of payment unless otherwise indicated. Private Labeling orders may take longer depending on confirmation of final Label Artwork / Design. In general, all consignments below 75 kg will be send by courier (door to door). Consignments above 75 kg will most likely be send with Air Freight in which case the goods will be send to an international airport nearest to clients delivery address. Client will also need to hire a local shipping agent to clear the goods. Alternatively Sea Freight may be used as an option to send the goods.

2. Purchase Price

Unless otherwise indicated, all Bulk orders are shipped within 10 days after receipt of payment. Private Label orders may take 2 -3 weeks for completion after receipt of payment and upon confirmation of final artwork/design. In general, all orders below 75 kg are shipped by courier (door to door), above 75 kg we may opt for Air Freight in which case the goods will only be delivered to an international airport closest to the clients delivery address. Client will have to hire a local shipping agent to clear the goods upon arrival. Alternatively Sea Freight is an option if time is not issue.

5. Limited Warranty

Seller supplies as its sole warranty the following:

All sales are final, ZiamEX Co., Ltd. offers no refunds of any kind. We may instead provide credit notes or may offer to replace goods if purchased items are found to be damaged or spoiled in any way.

Any claims pertaining to the state of the items purchased from ZiamEX Co., Ltd. will in principle have to be made within 30 days of receiving the purchased items.

In the case of damaged, you are obligated to notify us right after receipt of the goods (within 1 week). Evidence in the form of photographs will have to be submitted to support your claim. In the case of lost or stolen items, a police report must be submitted.

In the case of perished or contaminated items, please notify us within 30 days of receipt of the purchased items. Evidence in the form of photographs and or samples of the perished/contaminated goods will have to be submitted to support your claim.

The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of shipment.

6. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

7. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

8. General

Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under Thai law, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of Thailand and hereby waives any objection to such jurisdiction and venue.