Terms of trade

Công ty TNHH Nhôm Thép Quang Minh | Tax ID: 0303134517

1. Scope of application

1. These Terms govern our supply of Goods and Services to you, including cash-on-delivery transactions.
2. If you wish to negotiate any term, you must note it directly on this document and obtain our written approval.
3. We do not review or accept terms in documents you issue (for example, purchase orders) unless agreed in writing.
4. Unless expressly agreed in writing, we do not accept and are not bound by any other terms you put forward.

2. Quotations

Each quotation we issue:

• is an estimate only;
• is not an obligation to supply Goods or Services;
• excludes VAT unless expressly stated;
• excludes delivery charges unless expressly stated;
• is valid for 30 days unless withdrawn;
• assumes delivery and Services take place during Business Hours unless otherwise agreed.

Verbal quotations must be confirmed in writing. Additional terms in a quotation form part of these Terms. Surcharges may apply for delivery or Services outside Business Hours.

3. Formation of contract

We are under no obligation to supply Goods or Services until a contract of supply is formed. A contract is formed when:

• you submit an Order; and
• you pay any required deposit (if applicable); and
• we accept the Order in writing, or
• we supply the Goods or Services after receiving your Order.

Order cancellation

• Before the contract is formed: You may withdraw the Order and receive a full refund of the deposit.
• After the contract is formed: Unless we are in breach, you must pay the reasonable costs relating to the Order, and the deposit may be offset against those costs.

4. Pricing

The price of Goods and Services shall be:

• the price agreed in writing; or
• our current price list / unit price on the order date.

We may adjust the price if you request:

• Services outside Business Hours;
• Goods or Services different from the original agreement; or
• a delivery deferral of 60 days or more.

If the price changes, you may reject the new price within 7 days and terminate the contract without penalty.

5. Delivery and risk

We will make reasonable efforts to deliver the Goods on the agreed date and to the agreed location. You must ensure you are ready to receive the delivery.

Delivery times are estimates only unless expressly committed.

Risk passes to you when:

• you or your representative receive the Goods at the warehouse;
• we deliver to the address you nominate;
• a carrier engaged by you takes receipt of the Goods.

You must sign to confirm the delivery documents. If you authorise an unattended delivery, that delivery is entirely at your own risk.

If delivery is delayed because you are unable or unwilling to receive the Goods:

• daily storage charges will apply;
• re-delivery charges will apply.

Goods may be delivered in multiple instalments. You must inspect the Goods on receipt and before use, cutting, processing or alteration.

6. Payment terms

Unless you have an approved Credit Account:

• any required deposit must be paid before work commences;
• all Goods must be paid for in full before dispatch;
• Services are invoiced according to progress.

Business customers with a contract may be granted NET 7 / 14 / 30-day credit terms. Accepted payment methods: cash, bank transfer, VietQR and COD as agreed. Any payment surcharges will be advised in advance.

VAT applies to all taxable transactions and is shown on the e-invoice. All payments must be made in full, with no set-off or deduction.

7. Complaints

You must notify us in writing within 7 days of receipt of:

• short delivery, incorrect Goods, or damaged goods;
• with supporting images if requested.

Complaints about non-receipt of goods must be submitted within 7 days of the invoice date. After this period, the Goods are deemed to have been delivered in full and in good condition.

8. Returns

We accept returns when:

• the Goods do not conform to the contract;
• the Goods are defective;
• the law requires us to take back the goods.

Change-of-mind returns

Change-of-mind returns may be accepted at our discretion if:

• you agree to a handling fee (up to 30% of the purchase value);
• you agree to reimburse all costs relating to the return;
• the Goods remain in their original condition;
• the Goods are not custom-ordered, cut to size, specially packaged or specially imported for you;
• the Goods are unused, undamaged and unaltered;
• the Goods are not on promotional or special wholesale pricing;
• the Goods are still being sold and remain in the current catalogue.

You are responsible for the Goods during return transit; we recommend purchasing goods insurance.

9. Retention of title

Title to the Goods remains with us until payment is received in full. You agree that:

• the Goods remain our property until paid for in full;
• you will store the Goods so that they remain identifiable;
• you will not mix the Goods with other goods;
• we may permit you to sell the Goods as our agent until that right is revoked;
• sale proceeds are held on trust for us.

We have the right to enter your premises (subject to agreement and the law) to inspect or recover unpaid Goods. This clause constitutes a security measure for performance of obligations under the Civil Code of Vietnam.

10. Security measures

• You undertake not to create or register a security interest over unpaid Goods without our consent.
• Our other rights under the law on secured transactions are reserved.

11. Description of goods & intended use

You must notify us if the Goods are to be used for a particular purpose and obtain written confirmation. Otherwise, you agree that we are not responsible for the suitability of the goods for that purpose.

12. Payment default

The following applies when a payment is overdue:

• We may charge default interest of 10% per annum on the overdue amount (not exceeding the statutory ceiling).
• We may suspend or cease supply.
• We may require full prepayment for subsequent Orders.

13. Indemnity

• If you breach these Terms, you indemnify us for the related losses and costs incurred.
• The indemnity is reduced proportionately if our fault contributed to the loss.
• The indemnity obligation survives termination of the contract.

14. Limitation of liability

• Neither party is liable for Indirect Loss.
• We are not liable for delays beyond our reasonable control.

To the extent permitted by law for business-to-business transactions:

• For Goods: our liability is limited to repair, replacement or the cost of replacement.
• For Services: re-supply of the services or the cost of re-supply.

15. Termination

Either party may terminate immediately if the other party:

• materially breaches the Terms and fails to remedy within 7 days;
• fails to pay within 7 days of the due date;
• becomes insolvent;
• ceases to carry on business;
• is subject to bankruptcy proceedings or is placed under administration by a competent authority.

16. Amendment of terms

We may amend these Terms by written notice. The updated Terms apply to Orders placed thereafter.

17. Assignment

Rights and obligations may only be assigned with written consent.

18. Order of precedence

Where there is a conflict, the following order of precedence applies:

1. specific terms in the quotation;
2. Credit Account terms;
3. these Terms.

19. Severability

An invalid provision shall be modified or removed without affecting the validity of the remaining provisions.

20. Governing law

• These Terms are governed by the laws of Vietnam.
• Disputes shall be resolved first through negotiation; failing that, the parties shall refer them to a competent court in Vietnam.

21. Definitions

• "Seller" / "we" means Công ty TNHH Nhôm Thép Quang Minh, trading as Quang Minh Aluminium.
• "Customer" / "you" means the individual or organisation buying Goods or Services from us.
• "Goods" means the products we supply, including aluminium profiles, accompanying accessories and related items.
• "Services" means the services we supply, including profile extrusion to drawing, finish painting, document preparation and delivery.
• "Order" means your request for Goods or Services.
• "Business Hours" means Monday to Friday 07:00–17:00 and Saturday 08:00–13:00 (Vietnam time), excluding public holidays.
• "Credit Account" means a business credit account approved by us.
• "Indirect Loss" means loss of revenue, profit, opportunity, goodwill or data, and any other indirect loss.

22. Interpretation

• Headings are for convenience of reference only and do not affect interpretation.
• The singular includes the plural and vice versa.
• References to legislation include amendments, supplements and implementing instruments.
• If there is a conflict between these Terms and a quotation, the quotation prevails to the extent of the conflict.

Related policies

Please also see our other policies:

• Website terms of service
• Privacy Policy
• Returns & Refund Policy
• Warranty Policy

Contact

If you have any questions about these Terms of Trade, please contact:

Note for business customers: These Terms of Trade apply to all business-to-business transactions with Quang Minh Aluminium. Individual consumers should refer to the Returns & Refund Policy, which sets out your rights under the Law on Protection of Consumer Rights. For any other questions, please contact us.