Legal Documentation

Terms of Service

Please read these terms carefully before engaging our services. By working with Tuoda Plastic, you agree to the conditions outlined below.

Last Updated: January 1, 2025  ·  Effective Date: January 1, 2025
1

Acceptance of Terms

By accessing our website, submitting a request for quotation, placing an order, or engaging in any business transaction with Ningbo Yinzhou Tuoda Plastic ("Tuoda Plastic," "we," "us," or "our"), you ("Client," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not engage our services.

We reserve the right to update or modify these Terms at any time. Continued engagement with our services following any changes constitutes your acceptance of the revised Terms.

2

Scope of Services

Tuoda Plastic provides custom injection molding and related manufacturing services. Our services include, but are not limited to:

  • Design for Manufacturability (DFM) Analysis -- engineering review and optimization of client-provided 3D CAD files.
  • Rapid Prototyping -- physical sample creation using 3D printing and other technologies.
  • Injection Mold Manufacturing -- design and fabrication of custom molds using CNC machining and EDM.
  • Injection Molding Production -- high-volume manufacturing of plastic parts to agreed specifications.
  • Secondary Operations -- pad printing, laser engraving, assembly, painting, plating, and surface finishing.
  • Custom Packaging -- blister packs, clamshells, and custom box solutions.

All services are provided exclusively on a custom-order basis. Tuoda Plastic does not manufacture or sell standard off-the-shelf products. The specific scope of each engagement will be defined in the applicable quotation and purchase order.

3

Orders & Quotations

All quotations issued by Tuoda Plastic are valid for 30 calendar days from the date of issuance, unless otherwise stated in writing. Quotations are based on the specifications, drawings, and information provided by the Client at the time of inquiry. Any changes to specifications after a quotation has been issued may require a revised quotation.

A binding contract is formed only when:

  1. The Client provides a written purchase order or signed order confirmation referencing the applicable quotation; and
  2. Tuoda Plastic provides written acceptance of such purchase order; and
  3. The required deposit payment has been received and confirmed.

Tuoda Plastic reserves the right to decline any order at its sole discretion. Order cancellations by the Client after production has commenced may be subject to cancellation fees to cover costs already incurred, including but not limited to tooling, materials, and labor.

Important: Mold tooling costs are non-refundable once fabrication has commenced, as the tooling is custom-manufactured to your specific design.

4

Payment Terms

Unless otherwise agreed in writing, the following standard payment schedule applies:

50%

Deposit

Due upon order confirmation before any work begins

30%

Mid-Production

Due upon mold approval and before mass production

20%

Balance

Due before shipment upon final QC approval

All payments are to be made in US Dollars (USD) or as otherwise agreed in the quotation. Accepted payment methods include bank wire transfer (T/T) and other methods as mutually agreed. All bank charges and transfer fees are the responsibility of the Client.

Overdue payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. Tuoda Plastic reserves the right to suspend services for accounts with outstanding overdue balances.

5

Intellectual Property

Client's Designs: All designs, drawings, CAD files, specifications, and other intellectual property submitted by the Client remain the exclusive property of the Client. Tuoda Plastic will not use, copy, reproduce, or disclose Client designs to any third party without the Client's prior written consent, except as necessary to perform the contracted services.

Mold Ownership: Custom molds fabricated by Tuoda Plastic and paid for in full by the Client are the property of the Client. However, molds will be stored at Tuoda Plastic's facility for use in production. The Client may request transfer of the mold upon full payment and with reasonable advance notice.

Tuoda Plastic's IP: Any manufacturing processes, know-how, tooling techniques, and proprietary methods developed or used by Tuoda Plastic remain the exclusive intellectual property of Tuoda Plastic. Nothing in these Terms grants the Client any rights to Tuoda Plastic's proprietary manufacturing methods.

IP Protection Commitment: We take intellectual property protection seriously. All client files and designs are handled with strict confidentiality and are never shared with competitors or third parties.

The Client warrants that all designs, drawings, and specifications provided do not infringe upon any third-party intellectual property rights. The Client agrees to indemnify and hold Tuoda Plastic harmless from any claims, damages, or costs arising from any alleged infringement.

6

Confidentiality

Both parties acknowledge that in the course of their business relationship, each may receive or have access to confidential information belonging to the other party. "Confidential Information" includes, but is not limited to, technical data, trade secrets, product designs, business plans, pricing, customer lists, and financial information.

Each party agrees to:

  • Hold all Confidential Information in strict confidence and not disclose it to any third party without the prior written consent of the disclosing party.
  • Use Confidential Information solely for the purpose of fulfilling obligations under the agreed services.
  • Limit access to Confidential Information to employees or contractors who have a need to know and who are bound by confidentiality obligations no less restrictive than those herein.

These confidentiality obligations shall survive the termination of the business relationship for a period of five (5) years. A formal Non-Disclosure Agreement (NDA) can be executed upon the Client's request.

7

Quality & Warranty

Tuoda Plastic is committed to delivering products that meet the agreed-upon specifications. Our quality assurance process includes in-process inspections and final quality control checks prior to shipment.

Acceptance: The Client is responsible for inspecting all delivered goods within 14 calendar days of receipt. Any claims for defects, shortages, or non-conformances must be submitted in writing within this period, accompanied by photographic or other supporting evidence.

Warranty: We warrant that all products will conform to the agreed specifications at the time of shipment. For valid warranty claims, Tuoda Plastic will, at its option: (a) replace defective parts at no additional charge; (b) issue a credit toward future orders; or (c) provide a partial or full refund, as mutually agreed.

Exclusions: The warranty does not cover defects or failures resulting from:

  • Design defects in the Client's original specifications or CAD files.
  • Client-specified materials that are unsuitable for the intended application.
  • Misuse, improper storage, or handling of products after delivery.
  • Normal wear and tear during product use.

An industry-standard acceptable quality level (AQL) of 1.5 for critical defects and 2.5 for major defects applies unless otherwise specified in writing.

8

Shipping & Delivery

Tuoda Plastic ships globally from our facility in Ningbo, Zhejiang Province, China. Delivery timelines are estimates and are not guaranteed unless expressly agreed in writing. Lead times begin from the date of order confirmation and receipt of deposit.

Incoterms: Unless otherwise agreed, all shipments are made on FOB (Free On Board) Ningbo terms. Risk of loss or damage passes to the Client once goods are delivered to the carrier at the port of origin.

Shipping Costs: Freight, insurance, customs duties, taxes, and import fees are the sole responsibility of the Client unless otherwise specified in the quotation.

Force Majeure: Tuoda Plastic shall not be liable for delays caused by circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, port congestion, labor disputes, pandemics, or other force majeure events. We will notify the Client promptly of any such delays.

9

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUODA PLASTIC'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL TUODA PLASTIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

10

Termination

Either party may terminate an active order or service agreement by providing written notice. Termination does not relieve the Client of the obligation to pay for all work completed and costs incurred prior to the termination date.

Tuoda Plastic may immediately suspend or terminate services if:

  • The Client fails to make any payment when due and does not cure such failure within 10 business days of written notice.
  • The Client materially breaches any provision of these Terms.
  • The Client becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy proceedings.

Upon termination, provisions that by their nature should survive (including payment obligations, confidentiality, intellectual property rights, and limitation of liability) shall continue to be effective.

11

Governing Law & Dispute Resolution

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions.

Dispute Resolution: In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its arbitration rules then in effect. The arbitration shall be conducted in Mandarin Chinese or English, as mutually agreed, and the arbitration award shall be final and binding.

Nothing in this section shall prevent either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

Ready to Start Your Project?

These terms are designed to ensure a transparent and trustworthy partnership. We look forward to working with you.