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(hereafter China Standard is referred as the Company, our distributor is referred as the Distributor, and the models of shipment referred is referred as Mobile Phones)
1.1 Buyer shall at his own cost repair or replace defective Mobile Phones including accessories caused by the failure attributable to the Seller in design, material, workmanship or mobile phoneion, detected under the customer's normal use of the Mobile Phones (In Warranty).
1.2 After selling out Mobile Phones, Buyer may repair or replace the defective Mobile Phones also for Out of Warranty case and the cost of repair or replace will be charged to Buyer's customer if the Mobile Phones become defective after Warranty Period or if:
- The Mobile Phones become defective by improperly use, abnormal condition, improper storage, improper installation.
- The Mobile Phones become defective by exposure to moisture or dampness, exposure to excessive temperature or other such environmental conditions.
- The Mobile Phones become defective by unauthorized modifications and alteration, unauthorized connections, and unauthorized repair.
- The Mobile Phones become defective by misuse, neglect, abuse, accident, drop.
- The Mobile Phones become defective by Spill of foods or liquids, maladjustment of customer controls or other acts which are beyond reasonable control of Buyer.
- The Mobile Phones become defective by deficiencies in consumable parts such as fuses and breakage or damage to antennas, unless caused directly by defects in materials or workmanship, and normal wear and tear of the Mobile Phones.
- Buyer's customer alleging defect or malfunction of the Mobile Phones did not notify Buyer during the applicable limited Warranty Period.
- The Terminal serial number, ESN, warranty sticker or the accessory date code has been removed, defaced or altered.
- The defect or damage was caused by defective function of the cellular system or by inadequate signal reception by the external antenna.
- The Terminal was used with or connected to accessory not supplied by the Seller, not fit for use with the original manufacture cellular phones or used in other than its intended use.
- The battery was shorted circuit or seals of the battery enclosure or cells are broken or shown evidence of tampering, or the battery was used in the equipment other than that for which is has been specified.
- Any Lost and / or Stolen of the Mobile Phones attributable to Buyer's customers.
Warranty Period and DOA (Dead on Arrival)
2.1 Dead on Arrival (DOA)
- In the event that the Mobile Phones are determined as failure that does not work normally ("DOA Mobile Phones"), distributor should submit Company the official letter with relevant supporting document within 30 days after the shipment is cleared from the import customs, and seller shall replace the same quantity of the DOA Mobile Phones with new Mobile Phones without failure in standard commercial package.
- Any cost relating to returning the DOA Mobile Phones to Seller for repair or replacement, including freight, custom duties, import or export tax and other logistics cost shall be born by Seller provided that the failure of such DOA Mobile Phones is failure attributable to Seller, and Seller requests to return. Buyer shall present documentary evidence in which Buyer has spent the related expense, and Seller shall reimburse Buyer within 30 days upon receipt of such documentary evidence.
2.2 Warranty Period is different due to the type of the Mobile Phones as followings and these Warranty Periods is counted from the delivery of the Mobile Phones from Seller to Buyer.
- Terminal: Fifteen (15) months
- Battery and accessories: Nine (9) months
2.3 If the Terminal becomes defective within DOA period, Buyer shall replace the defective Terminal to Buyer's customer using the Swap Stock provided free of charge by Seller.
2.4 Subject to 2.2, if the Mobile Phones becomes defective within the Warranty Period, Buyer shall replace or repair the defective Mobile Phones and replace defective accessories for Buyer's customer using the Swap Stock provided free of charge by Seller.
2.5 If the Terminal becomes defective after the Warranty Period (Out of Warranty), Buyer shall repair or replace the defectives Mobile Phones for Buyer's customer using the spare parts purchased from Seller.
2.6 Epidemic Failure
- If, within 14 days from the date of delivery, Ten percent (10%) or more of the Terminals should fail to perform in accordance with the Specifications agreed upon by the parties due to one and the same cause, on the same part of the Terminal and having the same symptoms at hardware, Buyer shall promptly notify Seller of the nature of such failure (Epidemic Failure). If the cause of an Epidemic Failure is attributable to Seller because of the design of the Terminals or the quality of Seller's workmanship or materials provided or obtained by Seller in the manufacturing or assembly of the Terminals or transport of the Terminals, Seller shall identify the cause of an Epidemic Failure and propose for Buyer's approval a resolution plan for rectifying the Epidemic Failure within 14 Working Days of notification.
- In the event that Seller fails to provide the resolution plan for rectifying the Epidemic Failure of all Terminals having defect, Buyer may, upon receipt of the Seller's consent, use its commercial units of Terminals or spare parts to support any repair or replacement of Terminals, Seller agrees to replace Buyer with the number of commercial units or spare parts used by Buyer above which will be delivered to Buyer within the next shipment or within the period to be required by Buyer. Buyer shall return to the Seller the defected units or spare parts which are replaced by the commercial units as mentioned above.
- Upon an occurrence, within the Warranty Period, of any other failure or defect which does not fall within the scope of Clause 2.6.1, both parties shall agree a resolution plan for rectifying such failure or defect within 14 Working Days of notification by Buyer, provided that the cause of such failure or defect is attributable to Seller because of the design of the Terminals or the quality of Seller’s workmanship or materials provided or obtained by Seller in the manufacturing or assembly of the Terminals or transport of the Terminals.
After-sales SERVICE and Support
Buyer shall provide after sales service with customer and end users at its own costs and liabilities. If Buyer requires Seller to support necessary for after sales service, Seller will make best efforts to cooperate with Buyer at Buyer's costs and liabilities, and the details of such support will be separately discussed and determined by and between the Parties.
3.1 Swap Stock and Purchased Spare Parts
- Seller shall provide 2% of the quantities of the commercial Purchase Order in the first shipment free of charge as Swap Stock for the purpose of repairing defective Mobile Phones and providing support to Buyer's customers. For succeeding shipment, seller shall provider not more than 2% of swap and/or spare parts according to actual defective rate and current swap stock level based on both consent of seller and buyer Swap Stock is formed as equivalent to the Mobile Phones. And also all swap units are property of seller and they can be called back whenever the seller requires upon receipt of Buyer's consent.
- Seller shall provide the Swap Stock together with each shipment according to the quantity in each agreed Purchase Order.
- The usage of Swap Stock and remaining quantity shall be monitored by Buyer and Seller periodically.
- The quantity of Swap stock shall be monitored and refilled to be enough for Buyer to supply repairing service within warranty period.
- Based on spare parts Price list provided separately by Seller, Buyer shall order reasonable quantities of spare parts used for out of warranty repair.
3.2 Repairs
- Buyer shall perform repair activities such as Level 1, 2 according to Buyer's costs.
- Buyer will use Swap Stock provided by Seller to replace or repair for Buyer's customer.
- Buyer shall not repair any accessories but replace with the new items for Buyer's customers.
3.3 After-sales Services Documentations and Services Training
- Seller shall provide Spare parts price list separately to Buyer at least one month before the first shipment.
- Seller shall provide Service Manual including the exploded view (Assembly drawing) of the spare parts to Buyer at least one month before the first shipment.
- The Service Manual shall be written in English.
- Buyer shall provide replace or repair activities reports on monthly basis. The reports shall be sent to Seller within 15th of the next month. The report shall include activities for all repair level.
3.4 After-sales Services Tools
The Seller shall provide any model specific or Brand-specific repair tools necessary to perform Level 1, level 2 repair (for example the Firmware downloading cable, Special screwdriver and antenna removal driver) free of charge at reasonable quantity.
+ The first manufacturer of multi-band (450/800/1900 MHz) CDMA Phones in China
+ Qualcomm licensee of self-development of CDMA 2000 1x terminals
+ Motorola’s authorized CDMA FWP OEM manufacturer
+ Supply full variety of CDMA terminals including single CDMA, Dual Mode (GSM/CDMA), TV CDMA, CDMA FWP and dual CDMA Phones
+ MTK licensee of Dual SIM TV phone and digital TV phone
+ Supply 3G 3G USB modems of CDMA EVDO and HSDPA 3G USB modem
+ Provide intensive product warranty and proactive customer service
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