This Agreement requires binding arbitration on an individual basis to resolve disputes.
These Buyer's Terms and Conditions (“Agreement”) are intended to guide you (“you” or “your”) with respect to Suzhou Moldv International Trading Ltd.
(“Moldv”) website (the “Site”). please read this agreement carefully. By accessing or using the Site, including ordering manufacturing services from Moldv (the “Services”), clicking on the “I Accept” button, and/or completing the registration process, you represent that (1) you have read and understood this Agreement and agree to be bound by it, (2) you have (2) you are of legal age to enter into a binding contract with Moldv, and (3) you have the authority to enter into this Agreement in your individual capacity or on behalf of the entity you represent. If you do not agree to be bound by this Agreement, you may not access or use the Site or the Services.
Please note that Moldv may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site for orders placed after such modifications have been posted Moldv will also update the “Last Updated” date at the top of this Agreement. If Moldv makes any material changes, and you have registered with Moldv to create an Account (as defined below), Moldv may also send you an e-mail to the most recent e-mail address you have provided under this Agreement. Any changes to this Agreement will be effective immediately for new users of the Site and/or the Services and will be effective for existing users thirty (30) days after the earlier of posting on the Site or giving notice of such changes, and Moldv may require you to agree to the updated Agreement in a specified manner before permitting you to make further use of the Site and/or the Services. If you do not agree to any changes after receiving notice of such changes, you should discontinue your use of the Site and/or Services. Otherwise, your continued use of the Site and/or Services will be deemed to be your final acceptance of the modified terms and conditions.
Moldv will only use your information as described in the Data Protection Policy. We regard the protection of user privacy as a very important community principle. You represent and warrant to us that any data, information, records and documents that you upload, transmit or input to the Site will contain only Personal Information (as defined in the Data Protection Policy) for which you have given all necessary notices and disclosures, have obtained the consent and permission of all relevant third parties and, in each case as required by applicable law, have all the authorization to do so, in order to enable us to provide the Services.
1. Services
1.1 With respect to Services, Moldv hosts and maintains an online platform on this website that enables Moldv's buyers to upload three-dimensional (3D) models of their manufacturing projects. Moldv is conducting a Supplier Manufacturing Program consisting of a network of third-party manufacturers (each a “Partner”) who are able to perform manufacturing services in order to provide our buyers with greater efficiencies in pricing, certification, and delivery times while always striving for excellence in quality manufacturing services. When Buyer uploads specifications for its Manufacturing Items (as defined below), Moldv will either manufacture the parts, assemblies, or items to be delivered pursuant to Buyer's order (each, a “Part”) on its own responsibility, or subcontract the manufacturing task to one of Moldv's Partners.
1.2 Responsibility for Use of Services. By using the Services, you agree to:
· to comply with all applicable laws and regulations, including but not limited to all intellectual property, data, privacy and any export control laws;
· will only upload and distribute content or information for which you have all necessary rights under the law and which you are entitled to distribute (and which is not subject to any obligation of confidentiality), and will only do so in accordance with applicable law and as permitted by any agreement by which you are bound;
· uses reasonable efforts to prevent unauthorized access to or use of the Services;
· monitor and control all activities related to the Services that occur through your account; and
· notify Moldv immediately if you learn of, or have reason to suspect, any illegal or unauthorized activity or breach of security involving your account, including the loss, theft, or unauthorized disclosure or use of your account.
If Moldv reasonably believes that you have failed to comply with the foregoing, Moldv may suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof) without notice.
3. Ordering process
3.1 Placing an Order. In order to order parts, you must upload an acceptable model of the part you wish to have produced under the terms of this Agreement. During the ordering process, you may select the material, color, appearance, and dimensional size (millimeters or inches) for your part from the list of available options. Certain limitations may apply regarding thickness, material, color and appearance. For an additional fee, you may request material certifications and inspection reports for your parts during the ordering process Moldv will not change, modify or alter the specifications of any part without your written approval. Prior to finalizing your order, you will be able to review the order and the estimated costs (production, delivery and other taxes, if applicable) provided to you by Moldv (“Quote”). No contract for the manufacture of any part exists until Moldv confirms that you have indicated your acceptance of its Quotation via a confirmation e-mail or other appropriate means of communication as determined by Moldv in its sole discretion. Because each order is customized, you cannot cancel an order once it has been placed. If Buyer requests Moldv to cancel an order, Moldv may, in its sole discretion, allow Buyer to cancel the order for a fee not to exceed 3% of the total value of the order, provided that no work has been completed on such order as of the date of cancellation.
3.2 Specifications. If you place an order by referencing a quotation using a quotation number to indicate your acceptance of Moldv's quotation, Moldv will manufacture or commission parts in accordance with the terms of this Agreement, in accordance with the 3D geometry and features associated with the part, and the tolerances set forth in the quotation (unless located in the Comments section) (collectively, the “Specifications”). You are solely responsible for ensuring that the Specifications in the Quotation and other information submitted by you in the Order are accurate and complete prior to payment. You may not modify or change the Specifications after an Order has been placed.
3.3 Moldv Cancellation. Moldv may withdraw and/or cancel any quotation/order at any time during the quotation, ordering and manufacturing process if there are technical or other reasons (e.g. concerns about intellectual property rights in the design solution or ownership of components). In this case, Moldv will reimburse you for all monies paid by you (if any) for the part.
3.4 Limitations.Moldv will or has manufactured your parts in accordance with https://Moldv.asia/zh-hans/our-manufacturing-standards/中规定的制造标准 (“Manufacturing Standards”) and incorporates those standards by reference into this Agreement. Moldv will or has manufactured Your Parts in accordance with (“Manufacturing Standards”) and incorporates those Standards by reference into this Agreement, unless Moldv agrees to a different standard in the Quotation. Due to current technological limitations, it may not be possible or commercially feasible to manufacture certain parts to your specifications. In such cases, Moldv will use commercially reasonable efforts to contact you. Upon your written approval, Moldv and its partners reserve the right to manufacture parts in a different thickness and/or to switch to a different production technology and to make any modifications to the order based on such decision (e.g., modification of price, delivery terms/deadlines, etc.). You agree to pay Moldv additional compensation, if any, resulting from the modified specifications.
3.5 Subcontracting. You acknowledge and agree that Moldv may subcontract or otherwise delegate to one of Moldv's partners any parts order placed by you. Accordingly, you acknowledge and agree that Moldv may share your specifications with our partners for the purpose of processing and manufacturing your order. You are not under any obligation to pay any partner directly.
3.6 Compliance with Export Controls. Relevant data, items, deliverables and services may be subject to national, foreign and international trade and export control laws and regulations (“Export Laws”). You shall identify any three-dimensional (3D) models and related items that are subject to Export Laws at the time you provide them to Moldv, including, but not limited to, data and items subject to the International Traffic in Arms Regulations (“ITAR”) as well as the Export Control Law of the People's Republic of China. Notwithstanding any other provision of this Agreement, you shall be liable for all damages, losses, and liabilities incurred by Moldv as a result of your non-compliance with export laws or failure to accurately identify applicable export laws. Upon request or demand by Moldv, You shall provide Moldv with (a) any Harmonized Tariff Schedule (“HTS”) code for any component, (b) the end use of any such component, and (c) the end user of such component, and shall do so within two (2) days of Moldv's request for such information.
3.7 Prohibited Items. While Moldv desires to provide its purchasers with the freedom necessary to produce the most creative, imaginative, and useful items and components, Moldv reserves the right to refuse to manufacture any component that is illegal or intended to harm human beings, or that Moldv otherwise deems in its sole discretion to be unsuitable. Accordingly, Moldv prohibits the use of its services for the manufacture of certain components designed for use or integration into firearms, or for the manufacture of components that require any license to manufacture.
4. Pricing and payment; Moldv referral program
4.1 Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge becomes due and payable. Unless expressly agreed to in advance by Moldv, all requisitions shall be due and payable thirty (30) days after the date of the requisition (with full prepayment for new customers), or as received by Moldv at the time the order is placed Moldv reserves the right to require early payment for certain orders. All requisitions are due and payable in full without any deductions or offsets. All requisitions shall be deemed final and binding unless you dispute the requisition in writing within five (5) days of receipt. All requisitions not paid in full within thirty (30) days as set forth above shall accrue interest at the highest rate permitted by law. If you choose to pay for your order by credit card, you must provide Moldv with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your use of the designated credit card is governed by your Payment Provider agreement, and you must refer to that agreement, not this Agreement, to determine your rights and responsibilities. By providing Moldv with your credit card number and related payment information, you agree that Moldv has the right to immediately issue a requisition for your account to cover all fees and charges due and payable to Moldv under this Agreement without additional consent or notice. You agree to notify Moldv immediately of any change in your billing address or credit card used for payment under this Agreement, and Moldv reserves the right to change its prices and billing methods at any time by posting a notice on the Site or sending you an e-mail. All prices are in RMB and payments to Moldv must be made in RMB. Upon your request, Moldv will issue a VAT invoice (“VAT”) within 5 working days of delivery. The VAT invoice is specific to the sale of the goods and contains the appropriate quotation marks.
4.2 Taxes and Costs. Unless otherwise stated, the manufacturing quote for any particular part includes the cost of services provided by Moldv, part manufacturing and standard shipping (at Moldv's option), as well as all applicable sales and use taxes and VAT. Additional charges may apply for any alternative shipping methods and/or shipping insurance. You will be responsible for all other transaction taxes and fees (other than those levied based on Moldv's net income). If your order is exempt from sales tax or any other tax, you must submit a valid sales tax exemption certificate or other applicable tax exemption certificate.
4.3 Suspension of Service. If you fail to pay all amounts due and payable, Moldv reserves the right to suspend performance under this Agreement (including the manufacture of Parts) and Moldv retains full legal title to the Parts until payment in full has been received with respect to such Parts and payment for any additional Parts ordered by you. Moldv reserves the right not to accept additional orders or to accept additional components for existing orders if any billed requisitions remain unpaid.
5. shipment estimates; risk of loss in transportation
5.1 Estimated shipment The quotation issued by Moldv will contain an estimated shipment date, which is calculated on the basis of the data entered. The delivery deadlines generated by the online ordering system give a preliminary estimate of the planned shipment date, which is not binding on Moldv. The estimated shipment date is based on the working conditions applicable at the time of the agreement and the on-time delivery of the materials ordered by Moldv or the partner for the completion of the work. In the event of delays for which Moldv is not responsible due to changes in the working conditions as described above or due to delays in the timely delivery of materials ordered in time for the execution of the work, the shipment date may be delayed, and Moldv shall not be liable for such delays.
5.2 Risk of Loss. Unless otherwise agreed, all sales of Parts shall be made at Seller's facility or at Moldv's warranty laboratory (at Moldv's option), and Moldv shall coordinate delivery requirements at its sole discretion, including, but not limited to, transportation insurance, method of shipment (Moldv reserves the right to change the method of shipment if required by any regulatory requirements or other relevant considerations), and any special packaging requirements. Unless otherwise agreed between the parties, all costs, taxes, duties and expenses incurred in complying with any of your requests under this section shall be paid by you.
6. Replacement Parts
6.1 No warranty is given as to specifications. Parts should be carefully inspected by you after delivery. All parts will be deemed accepted upon delivery to you. You acknowledge and agree that Moldv will use commercially reasonable efforts to manufacture or commission our partners to manufacture the Parts in accordance with your specifications Moldv makes no warranty as to the reasonableness of the design or specifications of the Parts. Because you are solely responsible for providing specifications and because some parts may not be manufactured to your specifications or may not be commercially feasible, Moldv does not warrant that your parts can or will be manufactured to your specifications. In addition, except as expressly provided herein, Moldv makes no representations or warranties with respect to the Site, the Services, the Parts, or any of the materials provided by Moldv hereunder, or that such Parts will meet your requirements or the requirements of any certifications provided, or that such Parts will be merchantable or fit for your particular purpose.
· reverse engineer, disassemble or decompile the Site, Moldv's pricing and matching algorithms or Moldv's geometric parsing engine;
· uses any manual or automated software device or other means (including, but not limited to, spider software, robots, crawlers, reptiles, avatars, data mining tools, etc.) to “scrape” or download data from any page on the Site;
· access the Site in order to build a similar or competing website, application or service; or
· not copy, reproduce, distribute, republish, download, display, post or transmit any portion of the Site in any form or by any means, except as expressly provided in this Agreement;
· use this website for any unlawful or illegal purpose, including the manufacture of certain products, components, merchandise or tools designed or intended for use with firearms;
· sends, uploads, collects, transmits, stores, uses, posts, publishes or otherwise transmits on this website any data, information, pictures, video, music or other material or content that (i) contains any computer virus, worm, malicious code or any software designed to damage or alter computer systems or data; (ii) you do not have the legal right to send, upload, collect, transmit, store, use, post, publish or otherwise transmit; (iii) is false, intentionally misleading or impersonates any other person, including by posting comments that do not represent your own personal feelings; (iv) is defamatory, libelous, slanderous, bullying, harassing, abusive, threatening, vulgar, obscene or offensive in nature, or contains pornography, nudity or graphic or gratuitous violence, or promotes violence, racism, discrimination or promotes violence, racism, discrimination, bigotry, hatred, or will cause any form of physical harm to any group or individual; (v) is harmful to or directed at minors in any way; (vi) infringes, violates or otherwise misappropriates the intellectual property rights or other rights of any third party (including any moral rights, rights of privacy or rights of publicity); (vii) endorses anything that may be in violation of any applicable law or may result in civil or criminal liability;
· sharing, transmitting or otherwise providing access to your dedicated account to others;
· misuse the Moldv domain name or use the Moldv trademarks;
· disabling, overloading, impairing or otherwise interfering with servers or networks connected to the Site (e.g., denial-of-service attacks); or
· access the Site without authorization or otherwise circumvent or violate the security provisions of the Site, including, but not limited to: (i) accessing content that is not intended for your use; (ii) attempting to disrupt or undermine the security or authentication measures of the Site; (iii) restricting, interrupting, or disabling in any way the service to users, hosts, servers, or networks of the Site, or (iv) otherwise attempting to interfere with the proper functioning of the Site. (iv) otherwise attempt to interfere with the proper working of the Site, including, without limitation, by introducing any material that is malicious or technologically harmful.
Without limiting the foregoing, you acknowledge and agree that the pricing and other algorithms, processes and mechanisms used by Moldv and Moldv's geometric resolution engine are proprietary information and trade secrets of Moldv. If you attempt to reverse engineer such pricing and other algorithms, processes and/or mechanisms or Moldv's geometric parsing engine, your right to use the Site and the Services will cease immediately and Moldv will take any action it deems necessary or appropriate to protect its rights.
7.2 Trademarks. The Site contains names that are trademarks, service marks and/or brand names of Moldv and may not be used without the prior written permission of Moldv. Other trademarks, service marks and trade names that may appear on or in the Site are the property of their respective owners.
7.3 Your Content.Moldv does not claim any ownership rights in your specifications or any content, data or other materials that you upload to or otherwise make available on the Site (“Your Content”). You are solely responsible for the content you upload to the Site. You hereby grant Moldv a fully paid-up, non-exclusive, royalty-free, sublicensable (to our partners), perpetual right and license to reproduce and use Your Content for the purpose of designing, manufacturing, and delivering Your Parts to You, and to provide You with any other services You request. You may return or destroy Your Content at any time by notifying Moldv in writing, provided that Moldv may retain archival copies for the sole purpose of complying with applicable laws or the provisions of the Document Retention Policy. You further acknowledge and agree that Moldv may use your Content on an aggregated and anonymous basis to improve the Site and the Services, including, but not limited to, for the purpose of improving our pricing algorithms and helping to manufacture parts in a more efficient and convenient manner. By submitting an order to Moldv, you represent and warrant that you are the owner and/or that you have acquired the rights necessary to grant Moldv the rights of use granted herein without infringement of any intellectual property rights and without the need for Moldv to make any payment to any third party. You further represent and warrant that your Content does not infringe, misappropriate or violate the rights of any third party, including intellectual property rights, rights of privacy and rights of publicity. Moldv reserves the right to refuse to manufacture parts based on your specifications if Moldv determines, based on its own business judgment, that the specifications you submit to the Site infringe any third party's intellectual property rights.Moldv will use commercially reasonable efforts to keep your content confidential and will share your content with third parties only as reasonably necessary to provide the Services or as otherwise permitted by this Agreement. Notwithstanding the foregoing, Moldv may disclose Your Content upon request where such disclosure is required by law.
7.4 Your Data. If you use the Services, you agree that Moldv will need to collect, use and process data from your organization (“Buyer Data”) for the purposes of providing the relevant Services, provided that we comply with the provisions of our Data Protection Policy. You shall provide all billing and other required information and documentation in a format reasonably requested by Moldv. Moldv shall not be liable for any failure to perform the Services due to incorrect information, incorrect formatting or corruption of files, viruses on the media provided or incompatibility of backup media or software. You shall retain accurate backup copies of all data provided to Moldv. You acknowledge that the transmission of Buyer's data in connection with the Services may be subject to human and machine error, omission and loss, including accidental loss of data or damage to media that may result in loss or corruption. You are responsible for taking reasonable steps to limit the effects of such problems.
With respect to the Buyer Data, you represent, warrant and covenant:
· the provision of Buyer Data to Moldv and its intended use by Moldv complies with all legal requirements and that you have obtained all necessary third party approvals and consents for the Services; and
· Buyer Data and Moldv's use of Buyer Data does not and will not infringe or violate the intellectual property or other rights of any third party.
You shall have exclusive ownership of all Buyer Data. You hereby grant Moldv a worldwide, non-exclusive, non-transferable, sub-licensable, royalty-free right to process the Buyer Data (i) to provide any of the Services as defined herein to Buyer; (ii) to generate aggregated data; and (iii) to sub-license the Buyer Data only to the extent necessary in connection with the provision of the Services, including to enable other partners to fulfill their obligations to Moldv.
8. Indemnification by You. You will be indemnified by Moldv against (i) any breach by you of any promise, warranty, representation or agreement contained in this Agreement; (ii) any claim that a part manufactured by Moldv pursuant to an order placed hereunder violates any law, statute or ordinance; (iii) any claim relating to such part, whether arising from product liability, strict liability, negligence or otherwise, including any claim for injury, death, or property damage to any person arising from the part; (iv) any claim that any specification infringes or violates any patent, trade secret, copyright, trademark, service mark, right of publicity or other right of any third party. (iv) for damages, liabilities, indemnities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs of litigation) arising out of any claim that any Specification infringes upon or violates any patent, trade secret, copyright, trademark, service mark, right of publicity, or other right of any third party, etc., and you agree to indemnify and hold harmless Moldv, its officers, directors, shareholders, agents, and those who are subject to the Component, from and against such claims. directors, shareholders, agents, licensees, employees, successors and assigns, and partners from any and all damages.
9. Disclaimer of Warranties. except as otherwise expressly provided herein, parts manufactured by Moldv pursuant to an order submitted on the site, as well as the site and the service, all information and content contained therein, and any other materials provided by Moldv, are provided “as is” without warranty of any kind. Moldv expressly disclaims all other warranties relating to the site, the service and the service. all other warranties, representations and conditions of any kind, express or implied, with respect to the site, services and components, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, or warranty against interference and infringement. Moldv does not warrant that the use of any such components or the site or the services will be uninterrupted or error-free, or that any errors or defects will be or can be corrected. some jurisdictions may not allow the exclusion of implied warranties, in which case some of the above disclaimers may not apply to all users.
9.1 Because these parts are manufactured based on your specifications, Moldv makes no warranties, representations or conditions that (1) the parts will meet your requirements for use, (2) the parts are fit for any particular purpose or merchantable, or (3) the parts are defectively designed or error-free.
9.2 The Services may be delayed, canceled and subject to other interruptions, and Moldv makes no warranties, representations or conditions with respect to the Services, including, without limitation, the quality, effectiveness, reputation and other characteristics of the Services.
9.3 No advice or information, whether oral or written, obtained from Moldv or through the Site shall create any warranty not expressly made herein.
9.4 Access to any content downloaded from or otherwise accessed through the Site is at your own risk and you shall be solely responsible for any damage to your person or property (including, without limitation, your computer system and any equipment used by you to access the Site) arising out of your access to such content, or for any other loss resulting from your access to such content.
9.5 You acknowledge and agree that Moldv shall have no liability whatsoever, and you agree not to seek to hold Moldv liable for the acts of third parties, including any parts manufactured by third parties.
10. Limitation of Liability
10.1 Disclaimer of Liability for Certain Damages. in no event shall Moldv be liable for (1) any damages arising out of this agreement or the use of or inability to use the site or services; (2) the cost of procurement of substitute goods or services resulting from any goods, parts, data, information, or services purchased or obtained through the site or services; (3) any access to or alteration of your transmittals, specifications, tolerances, or data by any unauthorized person; (4) for your parts; or (5) any indirect, incidental, consequential, special or punitive damages, or any loss of profits, income, business opportunity, or loss of revenue, bargain, income, contract, goodwill, use, enjoyment, time, data, or orders transmitted electronically, or due to loss of production or loss of use, or business interruption, arising out of or in connection with any other matter relating to the Site and Services, procurement of substitute goods or services, or damages or costs resulting from personal injury or property damage or emotional distress, etc., Moldv shall not be liable to you or to any third party, whether or not Moldv has been advised of the possibility of such damages, and regardless of whether the finding of liability is based on warranty, copyright, contract, infringement (including negligence), product liability or any other legal theory.
10.2 Limit of Liability. In no event will the amount of Moldv's liability to you for any claim relating to a particular order exceed the amount received by Moldv under the particular order.
10.3 Exclusion of Liability for Damages. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. if these laws apply to you, some or all of the above limitations or exclusions of liability may not apply to you, and you may have additional rights.
10.4 Basis of Transaction. the above limitation of liability for damages is an essential element of the basis of the bargain between Moldv and you, and of Moldv's agreement to enter into this agreement with you.
11. Exclusion of Liability. You acknowledge and agree that the Parts and their manufacture are based on the specifications provided by you. Accordingly, you agree that under no circumstances shall Moldv be liable for any damages or liabilities arising out of any Parts, including any defects in Parts resulting from the manufacture of Parts in accordance with the Specifications. You hereby release Moldv and its affiliates and their officers, directors, employees, agents, consultants and partners, and their successors, from all claims, demands, any and all losses, damages, rights and causes of action of any kind (including personal injury, death, and property damage) directly or indirectly related to, or arising out of, your Components, except that any material defects in any Components are solely the result of Moldv's negligence. except to the extent that any material defect in any part is caused solely by an act or omission of Moldv.
12. Duration and termination
12.1 Term. This Agreement is effective as of the date of your acceptance (as described in the preamble above) and will remain in full force and effect for the duration of your use of the Services, unless terminated in accordance with the terms of this Agreement.
12.2 Termination by You. Subject to Section 3, if you wish to terminate the Services provided by Moldv, you may do so by (a) notifying Moldv at any time, and (b) closing all accounts for the Services you are using. Your notice shall be in writing and sent to the Moldv address below.
12.3 Termination by Moldv Moldv has the right to immediately suspend or terminate this Agreement or your use of the Site and the Services (with or without cause) without notice, including if Moldv becomes aware of a possible breach of this Agreement by you. If Moldv believes, based on its own judgment, that you have violated any part of this Agreement, Moldv reserves the right to: (i) warn you of your violation of this Agreement via e-mail (sent to any e-mail address you have provided to Moldv); (ii) remove content that you or your agents have provided to the Site; (iii) notify the appropriate law enforcement agencies and/or send your content (iii) notify the appropriate law enforcement authorities and/or send your Content to the appropriate law enforcement authorities and/or cooperate fully with the appropriate law enforcement authorities for further action; and/or (iv) take any other action Moldv deems appropriate.
12.4 Effect of Termination. Termination of any Services includes revocation of access to such Services and prohibition of further use of the Services. Termination of all Services also includes the deletion of your password and all related information, files, and Your Content associated with or within your account.Moldv will not be liable to you for any suspension or termination of the Services, including the deletion of Your Content. All terms that by their nature should survive termination of the Service shall survive termination, including, without limitation, the Terms of Ownership, Disclaimer of Warranties, Payment Obligations, Indemnification Obligations, and Limitations of Liability.
13 Other Provisions
13.1 Electronic Communications. Whether you visit the Site or send Moldv e-mail, or Moldv posts notices on the Site or communicates with you via e-mail, communications between you and Moldv are by electronic means. For contractual purposes, you (1) consent to receive communications from Moldv in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Moldv provides to you electronically satisfy any legal requirement that such communications would satisfy if in writing. The foregoing shall not affect your statutory rights.
13.2 Linked Sites. The Site may provide links or access to nonprofit third-party content or websites.Moldv does not endorse any third-party content, website or system and does not guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Third party content, websites or systems are not under the control of Moldv, and if you choose to access any such content or websites, you do so entirely at your own risk. you acknowledge that you may be subject to the terms of use applicable to third party content, websites or systems and agree to accept and abide by any such terms of use.
· Arbitration Rules. The arbitration shall be initiated through the Shanghai International Arbitration Center (“SHIAC”), which provides the arbitration services described herein.The rules of SHIAC (“SHIAC Rules”) shall govern all aspects of this arbitration, including, but not limited to, the manner in which the arbitration is initiated and/or demanded arbitration, except to the extent such rules conflict with this Agreement. The SHIAC Rules applicable to the arbitration are available online at http://www.shiac.org/SHIAC/arbitrate_rules.aspx The arbitration shall be conducted by one to three (as determined by Moldv) neutral arbitrators. Unless otherwise agreed by the parties, any hearings will be held in Shanghai. Any court of competent jurisdiction may enter judgment on the basis of the arbitrators' award. Each party shall bear its own costs (including attorneys' fees) and expenses incurred in the arbitration and shall share equally in the fees and costs of SHIAC.
· Arbitrator's Authority. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Moldv, and the underlying dispute will not be consolidated with any other matter or with any other case or party. The arbitrator has the authority to grant a motion for disposition of all or part of any claim. The arbitrator shall have the authority to award damages and to approve any non-pecuniary remedies or relief available to the Individuals in accordance with applicable law or the SHIAC Rules and the provisions of this Agreement. The arbitrator shall issue a written award and award brief setting forth the underlying findings and conclusions upon which the award is based, including the calculation of any damages awarded. The arbitrator shall have the same rights as a judge of a court to award relief on a case-by-case basis. The arbitrator's award is final and binding on both you and Moldv.
· Severability. If any one or more portions of this Arbitration Agreement are held invalid or unenforceable as a matter of law by a court of competent jurisdiction, that particular portion or portions shall be of no force and effect and shall be severed, and the remainder of this Agreement shall remain in full force and effect.
· Waiver of Rights. Any or all of the rights and benefits of the statute of limitations set forth in this Agreement may be waived by the party against whom the claim is made. Such waiver shall not result in a waiver or affect any other part of this Agreement.
Survival of · Agreement. This Arbitration Agreement will survive the termination of your relationship with Moldv.
· Court. In any case where the above agreement permits the parties to bring an action in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Shanghai for such purpose.
13.7 Applicable Law. This Agreement and any action taken in connection with it will be governed by and construed in accordance with the laws of the People's Republic of China, without giving effect to any principles of such laws with respect to the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
13.8 Independent Contractors. Your relationship with Moldv under this Agreement is that of an independent contractor. Nothing in this Agreement is intended or shall be construed to create a partnership, joint venture or employer-employee relationship between Moldv and you. You agree not to take any position with respect to any tax return or application for benefits or in any litigation directly or indirectly involving Moldv that is inconsistent with your status as an independent contractor (and not an employee) of Moldv. You are not an agent of Moldv and are not authorized to represent to any third party that you have the authority to make any promises or otherwise act on behalf of Moldv.
13.9 Notices. You are responsible for providing Moldv with your most current e-mail address in the event that Moldv requests it. If the most recent e-mail address you provide to Moldv is not valid, or if for any reason it is not possible to send you any of the notices required/permitted to be given under this Agreement, Moldv's sending of e-mails containing such notices will nevertheless constitute valid notices. You may give notice to Moldv (which must be in writing and sent by domestically recognized overnight delivery service or first class prepaid mail) at the following address: Room 5, Building 6, Mould Manufacturing Area, Kunshan International Mould City, Yushan Town, Kunshan City, Jiangsu Province. Notice is deemed to have been served when it is received by Moldv.
13.10 Waiver. A single waiver or failure to require performance of any provision of this Agreement will not be deemed a waiver of any other provision or a waiver of such provision in any other instance.
13.11 Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed to have been modified to make it valid and enforceable to the fullest extent permitted by law.
13.12 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the Parties with respect to such subject matter. Unless otherwise expressly agreed between the Parties, in the event of any conflict between the terms of this Agreement or any Parts Order, the order of precedence shall be as follows: (i) Manufacturing Standards; (ii) this Agreement; and (iii) Parts Orders. Unless otherwise expressly agreed in writing between the parties, the parties acknowledge that any pre-printed terms on the back of any quotation, order, acknowledgement or invoice will be deemed to have been deleted and are null and void.