1. INTRODUCTION
Welcome to WAFFLE GAMES. These Terms and Conditions (“Terms”) govern the relationship between WAFFLE GAMES CO., LTD. (“Company”, “we”, “us”, or “our”) and the business entity or individual purchasing our products (“Buyer”, “you”). By accessing our website or placing an order, you agree to be bound by these Terms.
2. ORDER ACCEPTANCE & PRICING
- Validity of Quotations: Due to fluctuations in raw material costs (timber), all price quotations are valid for thirty (30) days from the date of issue unless otherwise stated.
- Pricing Structure: All prices are quoted in USD and are based on Incoterms 2020 (e.g., FOB, CIF) as specified in the Proforma Invoice. Prices do not include destination import duties, local taxes, or customs clearance fees.
- Minimum Order Quantity (MOQ): We reserve the right to adjust MOQs based on manufacturing requirements and material availability.
3. PAYMENT TERMS
- Standard Terms: Our standard payment terms are a 30% deposit via T/T to initiate production, with the remaining 70% balance payable upon presentation of the Bill of Lading (B/L) copy.
- Late Payments: We reserve the right to suspend production or withhold shipments if payments are not received according to the agreed schedule.
4. MANUFACTURING & NATURAL WOOD VARIATIONS
- Natural Characteristics: Buyer acknowledges that wood is a natural material. Natural variations such as minor surface checking (fine cracks), knots, grain patterns, and slight color variations are inherent to timber products and shall not be considered manufacturing defects.
- Manufacturing Tolerances: Due to the nature of woodworking, all dimensions and weights are subject to a manufacturing tolerance of ±3%.
5. SHIPPING & DELIVERY
- Lead Times: Estimated production lead times provided are projections. While we strive for punctuality, we are not liable for delays caused by Force Majeure events, including but not limited to raw material shortages, port strikes, or international shipping disruptions.
- Risk of Loss: Risk of loss or damage passes to the Buyer in accordance with the specified Incoterm used for the shipment.
6. INSPECTION & CLAIMS
- Inspection Window: Buyer must inspect all goods within fourteen (14) days of receipt at the destination port or warehouse.
- Claim Requirements: Any claims for manufacturing defects or shortages must be submitted in writing with supporting high-resolution photographic and video evidence.
- Packaging Claims: Claims for damage occurring during transit must include photos of the original, unopened master cartons and inner packaging.
7. PRODUCT SAFETY & LIABILITY
- Intended Use: Our products are designed and manufactured for residential backyard entertainment only. Use in public parks, schools, or high-traffic commercial environments is at the Buyer’s own risk unless specifically certified for such use.
- Safety Warnings: Buyer assumes responsibility for providing end-users with necessary safety instructions (e.g., stacking tower safety, toss game clearance) as required by local US regulations.
8. INTELLECTUAL PROPERTY
- Ownership: All website content, product designs, logos, and marketing materials are the exclusive intellectual property of WAFFLE GAMES.
- Limited License: Buyers are granted a limited, non-transferable license to use our product photography for the sole purpose of reselling the specific goods purchased from us.
9. GOVERNING LAW & DISPUTE RESOLUTION
- Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China [or Hong Kong SAR].
- Mediation: Any disputes shall first be attempted to be resolved through friendly negotiation. If a resolution cannot be reached, the dispute shall be submitted to the relevant arbitration commission in the Company’s jurisdiction.