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Eng

Terms & Conditions

Transportation and Risk of Loss

The food delivery service arranged by Shanghai Yen is only available Monday to Sunday from 11 a.m. to 11 p.m.  The method, route of delivery and delivery agent are at Shanghai Yen's sole discretion unless at the time of purchase the Customer explicitly instructs otherwise.  Title to the purchased food is passed to the Customer when the ordered food is delivered to the selected carrier, even if Shanghai Yen has made a non-conforming tender.  Customer wishing to revoke the order or refuse acceptance of the ordered food must note the following: 


Cancellation or Modification

Any order placed with and accepted by Shanghai Yen may be cancelled by the Customer only upon Shanghai Yen's approval in a writing signed by an officer of Shanghai Yen and upon terms that indemnify Shanghai Yen against any loss.  Shanghai Yen will not accept order cancellations once the ordered food has been delivered to a carrier.  Shanghai Yen will not accept cancellations of special orders of non-standard, non-priced food items.  Shanghai Yen may cancel all or part of the order and discontinue the production of the products without liability to the Customer in the event the Customer materially breaches this contract, becomes insolvent, or is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceedings.


Warranty and Disclaimer

Shanghai Yen warrants that the purchased food is free from defects in materials and workmanship at the time of delivery.  The Customer shall understand that the original quality of the food ordered in terms of appearance, temperature, crispiness, etc. may be unavoidably compromised due to proad conditions during the delivery.   Any description of the purchased food as stated on the face of the Invoice is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.


Limitation of Liability

The Customer acknowledges and agrees that Shanghai Yen's liability for any claims with respect to the food product shall not exceed the amount paid by buyer for the products under the invoice.  Such limitations on Shanghai Yen's liability hereunder shall apply even if Shanghai Yen's liability is due in whole or in part to its own negligence.  Any action by or on behalf of Customer or its successors for breach of this contract must be commenced within one (1) year after the cause of action as accrued.


Return of Material

Upon delivery of the purchased food product, the Customer shall have 1.5 hours to inspect the Product and notify Shanghai Yen, in writing, of any defects or other causes for rejection.  The Customer agrees that 1.5 hours provides the Customer a reasonable opportunity to inspect the ordered food products.  Such notification shall identify each and every reason for any rejection of the food product.  Customer's failure to reject the purchased food product within such time limit shall constitute a waiver of the Customer's right of inspection and an unqualified and irrevocable acceptance of the food product by the Customer.


Indemnity

The Customer shall defend, indemnify and hold harmless Shanghai Yen and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, lawyer's fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in the purchased food product caused by any alteration or modification thereof by the Customer with or without Shanghai Yen's consent, or improper handling or storage by the Customer, the breach of any term or condition stated herein, Customer's failure to label the food product or Customer's improper labeling of the food product regardless of whether the labeling was done with or without the advice of Shanghai Yen, or any act or omission of Customer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability.  The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.


Payment

Customer shall reimburse Shanghai Yen for any costs incurred in collecting past due sums or any other amounts owed by Customer for any reason whatsoever, including, but not limited to, court costs and lawyer's fees.


Governing Law and Arbitration

This document shall be interpreted and governed by the law of the Hong Kong Special Administrative Region.