The Fiber-Trading.Com.com Web Site (the "Site") is provided by
FiberLink-Trading, Inc. (or "Fiber-Trading.Com") to you ("You"
or "User") subject to the following Agreement
("Agreement") which describes the terms and conditions applicable to your use of the Service. This Agreement helps keep our Site a safe place to buy and sell. By using this Service, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions, please contact
Pre-Conditions: You may use the Site only if You are eighteen (18) years of
age or older. The Site is available only to individuals and businesses
who can form legally binding contracts under applicable law.
Changes to this Agreement: Fiber-Trading may, in its sole discretion, change, add or remove any portion of
this Agreement, at any time, by posting a new Agreement to the Site. The new Agreement will become effective
and binding upon You fifteen (15) days after being Posted to the Site. This Agreement was last revised on
November 10, 2001.
Fiber-Trading.Com does not guarantee qualifying buyers or
sellers. However, this
do not exempt any Sellers whose products are sold through the
Site, from honoring any pre-existing
representations or warranties that they normally provide with respect to
For avoidance of doubt, the seller agrees to wholly indemnify FiberLink
should there be any claims from buyers, which may arise due to sub-quality products delivered or late shipment. While
FiberLink Trading will endeavor to handle and/or settle such claims from buyers, seller agrees to offer money back guarantee to
FiberLink and/or endeavor to re-do orders in its first priority upon request by buyers. Seller's
LIABILITY TO THE BUYER IN ANY CIRCUMSTANCE IS LIMITED TO THE PORTION OF THE PRODUCT THAT IS CONFIRMED TO BE SUB-STANDARD AGAINST THE SPECIFICATIONS PREVIOUSLY AGREED, PROVIDED THAT THE BUYER REPORTS SUCH SUB-STANDARD SITUATIONS DURING THE INSPECTION PERIOD (DETAILS SPECIFIED UNDER THE TERMS AND CONDITIONS OF THE SALES CONTRACT) AND THE PRODUCT IS NOT CUT, DISTORTED, OR DAMAGED DURING THE INSPECTION PERIOD.
Modifications to Site: Fiber-Trading.Com reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability.
Fiber-Trading.Com may impose limits on certain features of the Site or restrict Your access to, or use of, part or all of the Site without notice or penalty.
User Information: In the course of Your use of the Site, You will
provide certain information about Yourself or Your business to Fiber-Trading.Com
FiberLink-Trading will use that information according to the Fiber-Trading.Com
User Conduct: You are solely responsible for the content and context
of any User Information You post through the Site. You are also responsible for complying with the
Fiber-Trading.Com Conduct Policy.
Sales and Binding Nature of Inquiries: If You sell items
using FiberLink-Trading Inc., services, You agree to abide by the following:
Fees: Seller shall pay Fiber-Trading.Com a fee equal to a percentage of the sale price of the completed Item (the
"Commission Fee"). The Commission Fee are
specified in the Commission
Responsibilities of buyers
It is FiberLink Trading's goal to provide excellent service to our users. At the same time, we would expect our buyers to use
our site with the best business practice standard. Requests by buyers should be made on a reasonable basis and in accordance with the trade practice. Buyers should restrain from making excessive or unnecessary requests to the
FiberLink such as requesting an excessive number of swatches and lab-dip results for the same order at the same time.
Buyers should provide FiberLink with all the necessary and detailed specifications and requirements of the products they are
inquiring before the sales contract is confirmed by
FiberLink and the buyer. Buyers should bear the full responsibilities if they change the product specifications or requirements after the sales contract is confirmed.
For order stock, if buyers request lab-dip results, buyers should provide a prompt response to
FiberLink upon receipt of lab-dip results stating whether they approve or disapprove the results. Suggested response time is within 1 working day after receipt of lab-dip results.
In the case of counter-bid ("bid") submitted by seller, the buyer agrees to promptly respond to bids from sellers on its offered products, in a way that either accept, decline or counter offer.
The buyer agrees not to disclose its identity to sellers by way of but not limited to:
Any on-line and off-line communication and interaction with sellers without
Responsibilities of sellers
Sellers should submit 2 yards samples for each product posted onto website within 5 days after the product is posted. Sellers should also send additional sample yardages on an ongoing basis to
FiberLink to replenish swatch inventory of the FiberLink, upon requests.
Upon requests from buyers, sellers will submit yardage samples to FiberLink
Seller agrees to supply yardage samples to
FiberLink at no charge.
Upon requests from buyers, sellers will submit color lab-dip results and/or
sample yardage to FiberLink within 5 days after the sellers are notified
about the buyers requests.
Sellers sell its products to FiberLink at an agreed price with FiberLink ("Selling Price"). Sellers agree that the "Selling Price" should not be higher than their current net selling prices to other parties for the similar order quantity. Sellers should provide the
FiberLink with the following prices quotations for each product they post with
on the website:
Regular prices for an amount up to a level ("Regular Amount") specified by seller.
Volume order prices for amount above and beyond the Regular Amount.
Seller agrees to give FiberLink advice on percentage of mark-up that
FiberLink may charge on top of the Selling Price of the products.
In the case of reverse-bid ("bid") submitted by buyer, the seller agrees to promptly respond to bids from buyers on its offered products, in a way that either accept, decline or counter offer. Prompt response is defined as 4 working hours or less after the reverse-bid is submitted to the seller. A legally binding contract is formed in
USA at the time the buyer accepts the seller's response to its reverse-bid and all consequential matters and dispute should be resolved in accordance with the laws of
The seller agrees to offer FiberLink quality assurance arrangement which include but not limited to:
Submit lab-test reports for products offered by the seller
Update production progress to FiberLink on a timely basis
Allow FiberLink's assigned quality controller to visit the seller's production plant and perform quality assessment during order production process
For any products posted onto the website, the seller guarantees that the products correspond with all descriptions made by the seller including representations as to the quality, the origin of the products, the identity of the manufacturer, and the method of manufacturing the products. Sellers shall be fully responsible for all disputes with regard to patent, trademark, copyright, design, stamp, etc. of the products they market and sell via the
Unless written approval is obtained from FiberLink Trading, the seller agrees not to disclose its identity to buyers by way of but not limited to:
Any on-line and off-line communication and interaction with buyers without
FiberLink Trading's acknowledgement.
If You use Fiber-Trading.com, Services to buy
or sell an
Inquired/Offered Item, You acknowledge and agree that
You may not retract the offer/inquiry once the deal is completed. Buyer shall be solely responsible for accepting delivery,
making of full payment, and handling of any complaints, returns and other
after-sales services. Seller shall be solely responsible for sending delivery,and handling of any complaints, returns and other
after-sales services.There may be risks dealing with foreign nationals,
underage persons or people acting under false pretense. You hereby release Fiber-Trading.Com, its directors, officers, employees and
agents from and against any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. If You are a California resident, You waive
California Civil Code §1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
LIMITATION OF LIABILITY: IN NO EVENT SHALL Fiber-Trading.Com
BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT,
MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS
OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF Fiber-Trading.Com
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Fiber-Trading.Com TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR
USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (I) THE COMMISSIONS
PAID BY YOU TO Fiber-Trading.Com IN THE PRECEDING TWELVE MONTHS OR (II) ONE THOUSAND
: This Agreement shall be governed
by and in accordance with the laws of the State of New York, without regard
to conflicts of laws provisions. Any controversy involving Fiber-Trading.Com
from or in any way related to this Agreement or Your use of the Site shall
be heard in the appropriate State or Federal court in New York County, New
York State and You consent to the jurisdiction of such courts.
Copyright Infringement: If You
believe that Your copyright protected material or information has been
used on the Site in a manner that constitutes copyright infringement,
please provide written notice as per fiber-trading.com copyright
General Provisions: If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then such
provision shall be enforced to the maximum extent permissible so as to
effect the intent of this Agreement, and the remainder of this Agreement
shall continue in full force and effect. The failure by either You or Fiber-Trading.Com
to exercise or enforce any rights or provisions of this Agreement shall not
constitute a waiver of such right or provision. You agree that any cause of
action arising out of or related to the Site or this Agreement must commence
within one (1) year after the cause of action arose; otherwise, such cause
of action is permanently barred. The Agreement comprises the entire
agreement between You and Fiber-Trading.Com and supersedes all prior agreements between
the parties, regarding the subject matter contained herein. All provisions
in this Agreement regarding representations and warranties, indemnification,
disclaimers and limitations on liability shall survive any termination of
For more information email at firstname.lastname@example.org