Terms of Service
B2B Trade Agreement for Heavy-Duty Truck Parts Supply
Last Updated:
These Terms of Service ("Terms") constitute a legally binding agreement between Caanass (hereinafter referred to as "Company", "we", "us", or "our") and any business entity or professional purchaser (hereinafter referred to as "Client", "you", or "your") engaging in the procurement of heavy-duty truck spare parts and accessories. By placing an order, accessing our services, or conducting any business transaction with Caanass, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
These Terms govern all aspects of our B2B commercial relationship, including but not limited to product specifications, order processing, payment terms, delivery obligations, quality assurance, and dispute resolution mechanisms.
Table of Contents
Definitions and Interpretation
In these Terms, unless the context otherwise requires:
- "Products"
- refers to heavy-duty truck spare parts and accessories manufactured for HOWO, SHACMAN, FAW, FOTON, DONGFENG, and other compatible truck brands, including but not limited to engine components, transmission parts, chassis systems, electrical components, and body accessories.
- "Order"
- means a purchase request submitted by the Client to the Company, whether through electronic communication, written correspondence, or verbal agreement confirmed in writing.
- "Contract"
- refers to the binding commercial agreement formed upon our written acceptance of your Order, incorporating these Terms and any additional terms specified in the order confirmation.
- "Business Day"
- means any day other than Saturday, Sunday, or public holidays recognized in the People's Republic of China.
- "Force Majeure"
- includes acts of God, war, civil unrest, government regulations, pandemics, natural disasters, labor strikes, transportation disruptions, or any other circumstances beyond reasonable control.
Eligibility and Registration
2.1 Business Entity Requirement: Our services are exclusively available to registered business entities, including but not limited to corporations, partnerships, sole proprietorships, truck fleet operators, auto parts wholesalers, and auto parts retailers. Individual consumers are not eligible to purchase under these Terms.
2.2 Registration and Authorization: You represent and warrant that (a) you are duly authorized to enter into binding contracts on behalf of your business entity; (b) all registration information provided is accurate, current, and complete; and (c) you possess all necessary licenses and permits to conduct business in your jurisdiction.
2.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized use or security breach.
Product Information and Specifications
3.1 Product Descriptions: We make reasonable efforts to accurately display product specifications, technical parameters, and compatibility information. However, product descriptions, images, and specifications are provided for general reference only and may be subject to manufacturer updates.
3.2 Technical Compatibility: It is the Client's responsibility to verify product compatibility with specific truck models before placing orders. We recommend consulting with our technical team for complex or bulk orders.
3.3 Product Availability: While we maintain an extensive inventory of over 40,000 SKUs, product availability is subject to change without notice. All orders are subject to stock confirmation.
3.4 Modifications: We reserve the right to discontinue or modify products without prior notice due to manufacturer changes, regulatory requirements, or business decisions.
Orders and Quotations
4.1 Order Submission: Orders may be submitted through our official website, email, telephone, or authorized sales representatives. All orders must include complete product specifications, quantities, delivery addresses, and required documentation.
4.2 Quotations: Price quotations are valid for thirty (30) days from the date of issuance unless otherwise specified. Quotations are non-binding until formal order acceptance.
4.3 Order Acceptance: Your order constitutes an offer to purchase. We reserve the right to accept or decline any order at our sole discretion. A binding Contract is formed only upon our written order confirmation.
4.4 Minimum Order Requirements: Certain products or categories may be subject to minimum order quantities (MOQ). MOQ requirements will be clearly communicated during the quotation process.
4.5 Order Modifications and Cancellations: Requests to modify or cancel confirmed orders must be submitted in writing within twenty-four (24) hours of order confirmation. Modifications are subject to our approval and may incur additional charges. Orders in production or shipped cannot be cancelled.
Pricing and Payment Terms
5.1 Pricing: All prices are quoted in United States Dollars (USD) or Chinese Renminbi (CNY) as specified in the order confirmation. Prices exclude applicable taxes, customs duties, shipping charges, and insurance unless explicitly stated otherwise.
5.2 Price Validity: Confirmed order prices are fixed and will not be subject to increase. However, prices for future orders may fluctuate based on raw material costs, exchange rates, manufacturer pricing, or market conditions.
5.3 Payment Terms: Standard payment terms require a deposit of thirty percent (30%) upon order confirmation and the balance of seventy percent (70%) prior to shipment. Alternative payment arrangements may be negotiated for established clients with approved credit terms.
5.4 Payment Methods: We accept payment via telegraphic transfer (T/T), Letter of Credit (L/C), and other internationally recognized methods as agreed upon. All banking charges incurred during the transaction shall be borne by the respective parties.
5.5 Late Payment: Overdue payments will accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until payment is received in full. We reserve the right to suspend further orders until outstanding balances are settled.
5.6 Currency Fluctuations: If significant exchange rate fluctuations (exceeding 5%) occur between quotation and payment, we reserve the right to adjust prices accordingly with prior written notice.
Delivery and Shipping
6.1 Delivery Terms: Delivery terms are specified in accordance with Incoterms 2020 (or the most current version). Common terms include FOB (Free on Board), CIF (Cost, Insurance and Freight), and EXW (Ex Works) as agreed in the order confirmation.
6.2 Delivery Timeframes: Estimated delivery timeframes are provided in good faith but are not guaranteed. Actual delivery times depend on product availability, production schedules, logistics arrangements, and customs clearance processes.
6.3 Shipping Arrangements: Unless otherwise agreed, the Company will arrange shipping through reputable freight forwarders. Clients may nominate their preferred carriers subject to our approval.
6.4 Risk of Loss: Risk of loss or damage to Products passes to the Client upon delivery in accordance with the agreed Incoterms. Title to Products transfers upon full payment receipt.
6.5 Inspection Upon Receipt: Clients must inspect delivered Products immediately upon receipt and notify us of any visible damage, shortage, or discrepancy within seven (7) days of delivery. Failure to provide timely notice constitutes acceptance of the Products as delivered.
6.6 Partial Shipments: We reserve the right to make partial shipments of large orders. Each shipment will be invoiced separately.
Quality Assurance and Warranty
7.1 Quality Standards: Products are manufactured and inspected according to industry standards and manufacturer specifications. We implement quality control measures to ensure Products meet acceptable commercial standards.
7.2 Limited Warranty: We warrant that Products will be free from material defects in materials and workmanship for a period of six (6) months from the date of delivery, or as otherwise specified by the original manufacturer, whichever is shorter.
7.3 Warranty Exclusions: The warranty does not cover defects or damage resulting from: (a) improper installation, use, or maintenance; (b) normal wear and tear; (c) accidents or unauthorized modifications; (d) failure to follow manufacturer guidelines; or (e) use in applications for which the Products were not designed.
7.4 Warranty Claims: To make a warranty claim, Clients must provide written notice describing the defect, along with supporting documentation and photographic evidence, within the warranty period. We reserve the right to inspect defective Products.
7.5 Warranty Remedies: Our sole obligation under this warranty is, at our option, to: (a) repair or replace defective Products; or (b) issue a credit or refund for the purchase price. This warranty is the exclusive remedy and is in lieu of all other warranties, express or implied.
7.6 Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Returns and Refunds Policy
8.1 Return Authorization: Products may only be returned with prior written authorization. Requests must be submitted within fourteen (14) days of delivery and are subject to approval based on product condition and restocking considerations.
8.2 Return Conditions: Returned Products must be: (a) in original, unused, and resalable condition; (b) in original packaging with all labels and documentation intact; and (c) accompanied by proof of purchase.
8.3 Non-Returnable Items: The following items are not eligible for return: (a) special order or custom-manufactured products; (b) electrical components or consumables; (c) items marked as "final sale" or "non-returnable"; and (d) products that have been installed or used.
8.4 Return Shipping: The Client bears all costs associated with return shipping unless the return is due to our error or product defect. Products must be shipped with appropriate insurance and tracking.
8.5 Restocking Fee: Approved returns may be subject to a restocking fee of up to twenty percent (20%) of the product value, depending on the nature of the return and product condition.
8.6 Refund Processing: Refunds will be processed within thirty (30) days of receiving and inspecting the returned Products. Refunds will be issued using the original payment method, less any applicable restocking fees and non-recoverable shipping costs.
Limitation of Liability
9.1 Maximum Liability: Our total aggregate liability arising out of or related to any Contract or these Terms shall not exceed the total amount paid by the Client for the specific Products giving rise to the claim.
9.2 Exclusion of Consequential Damages: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, VEHICLE DOWNTIME, OR LOSS OF BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Application and Installation: We are not liable for damages resulting from improper product selection, installation, application, or maintenance. Professional installation by qualified technicians is recommended.
9.4 Third-Party Actions: We are not responsible for delays, damages, or losses caused by third-party carriers, freight forwarders, customs authorities, or other parties beyond our direct control.
9.5 Force Majeure: Neither party shall be liable for failure to perform obligations due to Force Majeure events. The affected party must provide prompt written notice and make reasonable efforts to mitigate the impact.
Intellectual Property Rights
10.1 Ownership: All intellectual property rights in our website, marketing materials, product catalogs, technical documentation, and trade names remain our exclusive property or that of our licensors.
10.2 Trademarks: Brand names, trademarks, and logos displayed on our platforms belong to their respective owners. Nothing in these Terms grants you any right or license to use such marks without prior written permission.
10.3 Restrictions: Clients may not copy, reproduce, modify, distribute, or create derivative works from our proprietary materials without express written authorization.
10.4 Product Sale: The sale of Products does not transfer any intellectual property rights in designs, patents, or trademarks associated with those Products.
Confidentiality
11.1 Confidential Information: Each party agrees to maintain the confidentiality of proprietary information disclosed during the course of the business relationship, including pricing, technical specifications, customer data, and business strategies.
11.2 Exceptions: Confidentiality obligations do not apply to information that: (a) is publicly available; (b) was rightfully possessed prior to disclosure; (c) is independently developed; or (d) must be disclosed pursuant to legal requirement.
11.3 Duration: Confidentiality obligations survive termination of the business relationship for a period of three (3) years.
Export Compliance and Trade Regulations
12.1 Export Laws: Products are subject to export control laws and regulations of the People's Republic of China and the importing country. Clients are responsible for complying with all applicable import/export regulations, obtaining necessary licenses, and paying applicable duties and taxes.
12.2 Prohibited Transactions: Clients agree not to engage in transactions that violate international sanctions, embargoes, or trade restrictions imposed by the United Nations, United States, European Union, or other relevant authorities.
12.3 Documentation: Clients must provide accurate customs documentation and comply with all import clearance requirements. We are not responsible for delays or penalties resulting from incomplete or incorrect documentation.
12.4 Product Use: Clients represent that Products will not be used in applications prohibited by law or in violation of manufacturer specifications.
Termination and Suspension
13.1 Termination for Breach: Either party may terminate the business relationship if the other party materially breaches these Terms and fails to remedy the breach within thirty (30) days of written notice.
13.2 Immediate Termination: We may immediately terminate or suspend services if: (a) the Client fails to make timely payments; (b) the Client becomes insolvent or subject to bankruptcy proceedings; (c) the Client engages in fraudulent or illegal activities; or (d) continuation would violate applicable laws.
13.3 Effect of Termination: Upon termination: (a) all outstanding invoices become immediately due; (b) we may cancel pending orders; (c) Clients must return or pay for any Products delivered on credit; and (d) provisions related to payment, liability, confidentiality, and dispute resolution survive termination.
Dispute Resolution and Governing Law
14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 Negotiation: In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of thirty (30) days.
14.3 Arbitration: If negotiation fails, disputes shall be finally resolved by arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its arbitration rules. The arbitration shall be conducted in English or Chinese as mutually agreed, and the seat of arbitration shall be Beijing, China.
14.4 Arbitration Award: The arbitral award shall be final and binding on both parties. Judgment on the award may be entered in any court having jurisdiction.
14.5 Costs: Each party shall bear its own costs related to arbitration, unless the arbitral tribunal determines otherwise based on the outcome.
14.6 Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
Modifications to Terms
15.1 Right to Modify: We reserve the right to modify, amend, or update these Terms at any time to reflect changes in business practices, legal requirements, or operational needs.
15.2 Notice: Material changes will be communicated via email, website notice, or other reasonable means at least thirty (30) days prior to the effective date.
15.3 Continued Use: Continued use of our services or placement of orders after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree with the modifications, you must discontinue use of our services.
15.4 Existing Contracts: Modifications do not affect the terms of existing confirmed orders or Contracts, which remain governed by the Terms in effect at the time of order confirmation.
Miscellaneous Provisions
16.1 Entire Agreement: These Terms, together with any order confirmations, quotations, and supplementary agreements, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements.
16.2 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver: No waiver of any provision shall be deemed a waiver of any other provision or of a subsequent breach of the same provision. A waiver is effective only if made in writing and signed by the waiving party.
16.4 Assignment: Clients may not assign or transfer rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to affiliates or in connection with a merger, acquisition, or sale of assets.
16.5 Independent Contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
16.6 Notices: All notices required under these Terms must be in writing and delivered via email or registered mail to the addresses specified in the order confirmation or as otherwise notified.
16.7 Language: These Terms are executed in English. If translated into other languages, the English version shall prevail in case of discrepancies.
16.8 Headings: Section headings are for convenience only and do not affect interpretation of these Terms.
Contact Information
For questions, clarifications, or concerns regarding these Terms of Service, please contact our legal and commercial team:
Caanass International Trade Department
Address: [Company Registered Address]
Email: legal@caanass.com | sales@caanass.com
Phone: [International Business Hotline]
Business Hours: Monday to Friday, 9:00 AM - 6:00 PM (China Standard Time)
We are committed to addressing your inquiries promptly and maintaining transparent communication throughout our business relationship.
Acknowledgment and Acceptance
BY PLACING AN ORDER OR ENGAGING IN ANY BUSINESS TRANSACTION WITH CAANASS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY.
If you do not agree with any provision of these Terms, you must refrain from using our services and placing orders. For clarification or negotiation of specific terms for large-scale partnerships, please contact our business development team.
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