Terms & conditions on after-sales service

The terms & conditions as set forth herein (“Terms and Conditions”) shall apply to all current and future after sales services (“Services”) provided by VTL Tech Co., Ltd (“VTL Tech”). These Terms & Conditions shall apply if no other agreement regarding the subject matter herein has been entered into between the parties. Further, Terms and Conditions herein shall only apply to Services on a product which has been sold directly by VTL Tech (“Product”). If a Product has not been sold directly by VTL Tech, please contact the manufacturer for provision of any after-sales services.

I. Service workflow:

Any customer who wishes to receive Services from VTL Tech shall send the After-Sales/ RMA request Form duly completed together with a fair description of the defect(s) to the email address: sales@vtltech.com.vn. Please find attached herewith the request form.

The Product should be shipped in the standard packaging to the address: 03^Brd Floor, SCETPA Building,19A Cong Hoa St, Ward 12, Tan Binh District, Ho Chi Minh City, Vietnam.

Shipping the Product to Seller for return or repair and/or replacement will be the responsibility of Buyer unless otherwise agreed in writing by the parties. Shipping the Product back to Buyer after repair or replacement will be the responsibility of Seller. Any unauthorized repair or alteration of the Product will void this Warranty in its entirety. Except as provided in this section, Seller makes no representation or warranty of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. For the avoidance of doubt, Seller is not responsible for any warranty Buyer provides to its customers which deviates from this section.

A Product is considered defective only if it is not compliant with the specifications thereof. The Warranty is limited to the repair or replacement of the Products which are determined to be defective through inspection and evaluation by Seller. This Warranty shall be null and void if the Product is found to have been damaged due to misuse or mishandling, or any unintended use. This Warranty shall not apply to normal tear and wear.

If the Product is considered to be eligible for Services with Warranty, VTL Tech will provide Services free of charge unless otherwise expressly provided herein.

If the Product is considered to be serviceable however outside the scope of Warranty, at the customer’s request and costs, VTL Tech may provide the customer with a quotation for its Services stating the content and the costs of Services which are needed to be carried out in order to remedy the defects in the Product.

II. Warranty condition:

The warranties provided by VTL Tech are, subject to any applicable amendments agreed on between the parties, presented below as a reminder.

Abstract of the General Terms and Conditions of Sale:

1. Warranties for Goods:

• Seller warrants that the Goods manufactured or supplied by it will conform to Seller’s applicable specifications and be free from failure due to defects in the workmanship and material for one (1) year from the date of installation of the Goods or eighteen (18) months from the date of shipment of the Goods, whichever occurs first (“Warranty Period”).
• In the event that any of the Goods fails to comply with the foregoing warranty Seller will, at its option, either (a) repair or replace the defective Goods, or defective part or component thereof; or (b) credit Buyer for the purchase price of the defective Goods. The Seller may require all non-conforming Goods be returned at Sellers’s expenses for evaluation.
• This warranty does not cover failure or damage due to storage, installation, operation or maintenance not in conformity with Seller’s recommendations and industry standard practice or due to accident, misuse, abuse or negligence. This warranty does not cover reimbursement for labor, gaining access, removal, installation, temporary power or any other expenses, which may be incurred in connection with repair or replacement.
• This warranty does not apply to equipment not manufactured by Seller. Seller limits itself to extending the same warranty it receives from the equipment supplier.
• All warranty claims shall be made in writing within the Warranty Period, or Seller has no obligation to such warranty.

2. Warranties for Services: Seller warrants that the Services performed by it hereunder will be performed in accordance with generally accepted professional standards; The Services, which do not so conform, shall be corrected by Seller upon notification in writing by Buyer within one (1) year after completion of the Service (“Warranty Period”); All warranty claims shall be made to Seller within the Warranty Period, or Seller has no obligation of correction.

3. Limitation on Warranties: to the extent permitted by applicable law, the foregoing warranties are buyer’s sole remedy and, except for warranty of title, there are no other (and seller disclaims any other) express or implied warranties including any implied warranty of merchantable quality or fitness for purpose. to extent permitted by applicable law, seller’s obligations under the foregoing warranties, as set out in the terms and conditions, are seller’s sole liability for breach of warranty whether buyer’s claims are based in contract, in tort (including negligence or strict liability) or otherwise.

4. General Clauses applicable to all Services

4.1. Costs for inspection:

VTL Tech may charge the customer an inspection and evaluation fee (including shipping costs) if,  

1. customer’s Product does not fall within Warranty as claimed;
2. Customer’s Product does not require any Services;
3. Services cannot be performed because e.g. the serial number has been altered, defaced or removed; or
4. The products are not serviceable due to any other reasons, e.g. the product is beyond repair.

4.2 Replacement parts and replacement products:

When servicing the customer’s Product, VTL Tech may use parts or Products that are new or refurbished and equivalent to new in performance and reliability. VTL Tech will retain the replaced part or Product that is exchanged during Services as its property, and the replacement part/Product will become the customer’s property. If mandatory law requires VTL Tech to return a replaced part/Product to the customer, the customer shall pay VTL Tech for the retail price and the shipping costs of such replacement part/Product.

4.3 Services at customer’s site:

Services shall be provided at the VTL Tech’s premise unless otherwise agreed on. In the event that the parties agree on that Services will be provided at the customer’s site, the provisions of this sub-section 4.4 shall apply. 

1. The customer shall provide, to the extent necessary and at his own risk and expense, assistant staff, and, if so agreed, tools, devices with operating staff as well as all materials and equipment necessary for due performance of Services;
2. The customer shall provide VTL Tech’s staff with a dry and lockable room for the storage of delivery parts, tools, clothes and the staff’s personal belongings;
3. VTL Tech shall not be liable for any damage caused by the customer’s assistant staff, unless the respective damage is due to VTL Tech’s instructions;
4. In the event that any of VTL Tech’s materials, tools or devices are damaged or destroyed at the customer’s work-site, the customer shall be liable for such damage or loss to the extent to which the customer is responsible for the damage or loss occurred;
5. The customer shall be obliged to take reasonable care for the safety in the workplace, the compliance with relevant safety regulations and appropriate working conditions, and instruct VTL Tech’s working staff about specific safety regulations in his workplace;
6. If necessary, the customer shall procure internal work authorizations, ID cards and the like at his own expense; and
7. Any and all travel costs incurred by VTL Tech in connection therewith shall be borne by the customer and charged by VTL Tech separately.

VTL Tech calculates its service personnel’s duration of attendance at the customer’s site on the basis of VTL Tech’s schedule of prices and Services applicable at that time. Costs and expenses incurred for any interruptions of Services or exceedance of agreed time limits for completion of Services not attributable to VTL Tech shall be borne by the customer.  

4.4 Unsuccessful Services not attributable to VTL Tech:

In the event that Services are impossible to be provided successfully due to reasons not attributable to VTL Tech, all expenses and costs shall be borne by the customer, and VTL Tech shall not be liable for any damage caused thereby to the serviced Product.

4.5 Time:

Time periods specified by VTL Tech within which Services are to be carried out are based on estimates only and are, therefore, not binding, unless otherwise agreed on between the parties in writing.

4.6 Acceptance:

Upon completion of Services, VTL Tech will notify the customer in writing thereof. The customer should inspect the serviced Product upon its receipt of the Product. Claims for defective Services should be made within [ten (10)] working days after the customer’s receipt of the serviced Product. Should any written notification of claims for defects in Services has not been received by VTL Tech within the aforementioned period of time, Services and the serviced Product should be considered to be accepted by the customer. Acceptance may not be refused by reason of minor defects not affecting the functioning of the Product. Upon acceptance of Services, VTL Tech’s liability for defects shall be excluded.

4.7 Shipping:

VTL Tech may in certain situations provide a service return by Fedex/ TNT or other shipping company by the customer at the customer’s cost and risk for any damage or loss;

Once the Service is completed, VTL Tech will return the repaired Product or provide a replacement Product to the customer at the address indicated on the After-Sales/ RMA Form submitted by the customer. VTL Tech is not responsible for any failure in the address provided by its customer; and

The Product has to be packed thoroughly and in the original box when being shipped to VTL Tech to avoid any damage during the shipping. 

4.8 Subcontractor:

VTL Tech is entitled to provide Services through a subcontractor and in this case the Terms and Conditions shall also apply to the subcontractor mutatis mutandis.

5. Responsibility

The customer acknowledges and accepts that it is the customer’s entire responsibility to back up all customer’s data and other information stored in or with respect to the Product before sending the Product for any Services. VTL Tech shall not be responsible for any loss, damage or distortion of data due to Services.

6. Force Majeure:

If and to the extent that either Party’s performance of its obligations under this Agreement is impeded or made unreasonably onerous by circumstances beyond its reasonable control that it could not reasonably have been expected to have taken into account at the time the Agreement was entered into or to have avoided or overcome the effects of, such Party shall be released from liability in damages and any other liabilities for delay in performing or failure to perform such obligations.

7. Price and payment:

If no other mode of payment has been agreed expressly in writing, the amount given on the repair invoice shall be due and payable prior sending back the repaired or replaced Product. All payments have to be made by bank transfer only. All prices are exclusive of value-added tax. The amount of value-added tax (if applicable) shall be specified separately in the invoice if required by the applicable law. VTL Tech is entitled to require advance payment up to 50% of the total Services fees. If the Customer fails to make payment on the due date, VTL Tech shall be entitled to charge the Customer interest on the amount unpaid, at the rate of 8% p.a. above the respective base interest.

8. VTL Tech’s liability and limitation of liability:

Unless otherwise expressly provided herein, VTL Tech’s liability for Services is limited to the liability specified in Sections 3 or, as applicable, 4.3 above. 

Neither Party shall be liable for any special, indirect, incidental, consequential damage or loss of any kind, regardless of how it was caused and including but not limited to, loss of profit, loss of reputation or goodwill, loss of production, loss of business or business opportunities, loss of revenues or anticipated savings, or loss or corruption of data or information. This limitation will apply irrespective of whether such damage or loss was foreseeable or not at the time when the Agreement was formed (even if advised of the possibility of such damage or loss). 

The limitation of liability provisions shall not apply in the event of a) intent, b) gross negligence, c) damages to life, body or health, d) fraudulent concealment of damages, or e) liability according to any applicable mandatory law. In case of slight negligence, VTL Tech’s liability shall be limited to the typically foreseeable damage. Any further liability shall be disclaimed.

9. Refunds:

Except for otherwise expressly provided herein, VTL Tech does not provide refunds for service orders.

10. Applicable law and jurisdiction:

The Terms and Conditions and any non-contractual obligations arising out of or in connection therewith shall be governed by and construed in accordance with the laws of Vietnam, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.

(Rev.: VTL-EN210315)