Terms and Conditions for Purchase of Goods
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Swire Beverages Limited T/A Swire Coca-Cola HK

Terms and Conditions for Purchase of Goods

It is hereby agreed by and between the Customer and Swire Beverages Limited trading as Swire Coca-Cola HK ("Swire Coca Cola HK") as follows:

1. Title

1.1 The Customer expressly agrees that the title to the goods shall remain vested in us until we has received full payment of the purchase price and other charges under this Agreement.

1.2 As long as the title to the goods remains with us, the Customer shall take all appropriate steps to notify third parties of our title to the goods.

2. Delivery

2.1 Swire Coca-Cola HK shall provide delivery of the goods to all delivery addresses in Hong Kong Island, Kowloon and New Territories on the terms set out in "Terms and Conditions for Purchase of Goods".

2.2 Delivery charges shall be levied to each invoice if the order is below the minimum ordering quantity, or if we agree to deliver to a delivery address which is inaccessible by elevator or is located in a remote area (in the opinion of Swire Coca-Cola HK) ,or if the delivery address is inaccessible by truck. Further details of our delivery charges and delivery terms and conditions, including minimum ordering quantity for free delivery, are set out in our Customer Service Policy. customer service policy

2.3 Any time or date of delivery named by us is an estimate only, and we shall not be liable for the consequences of any delay whatsoever.

2.4 The goods do not include the provision of consumables unless otherwise specified.

2.5 Should the Customer requests the delivery of goods to be carried out outside our normal office hours, we shall be entitled to charge the Customer overtime charges.

2.6 Delivery may be delayed if a typhoon signal No. 8 is hoisted or a black rain storm warning is in force.

2.7 The Customer shall be responsible for the risk of any loss or damage to the goods from the moment the goods are delivered to the designated place of delivery.

2.8 The Customer shall inspect the goods immediately on arrival at the place of delivery or as soon as possible afterwards and shall within seven days from date of delivery give notice in writing to us of any matter or thing by reason whereof it alleges that the goods are not in accordance with this Agreement or have been damaged during delivery. If the Customer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with this Agreement and the Customer shall be bound to accept and pay for the same accordingly.

2.9 The goods are only offered for sale and delivery in Hong Kong and we will not deliver to any location outside Hong Kong.

3. Warranty

3.1 We expressly disclaim all warranties except for those implied by law.

4. Limitation of Liability

4.1 To the extent permissible by law, our entire liability and responsibility by reason of any breach of implied warranty or failure or delay of the goods, whether such failure or delay shall arise from accident, defect in the goods, omission, default, negligence or other acts of our employee(s) or from any other cause, shall be limited to the cost of replacing or repairing the goods.

4.2 Except as provided for in clause 4.1, and to the extent permissible by law, we shall not be subject to any liability or responsibility for any cost, claim, damage or loss to the Customer or to any person, body of persons or corporation resulting from any reason and cause whatsoever under this Agreement.

4.3 In no event shall we be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever under this Agreement.

5. Applicable Law

5.1 This Agreement shall be construed in accordance with the laws of Hong Kong and the Parties shall submit to the non-exclusive jurisdiction of the courts of Hong Kong in the event of dispute.

6. Force Majeure

6.1 We shall not be liable for any loss or damage resulting from delay or failure to perform this Agreement either in whole or in part where such delay or failure shall be due to causes beyond our reasonable control, or which is not occasioned by our fault or negligence, including, but not limited to, war, the threat of imminent war, riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by government or any other supranational legal authority or industrial or trade disputes, fires, explosions, storms, floods, lightning, earthquakes, epidemics, pandemics and other natural calamities.

7. Notices

7.1 Any notice to be given by us to the Customer may be delivered either personally, electronically, by post or facsimile to any address as notified by the Customer. Any such notice shall be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered at the address to which it was sent.

8. Entire Understanding

8.1 This Agreement embodies the entire understanding between the Parties relating to the goods and there are no promises, terms, conditions or obligations, oral or written, expressed or implied, other than those contained herein.

8.2 No amendment or variation of any provision herein shall be effective unless it is in writing and signed by a duly authorised representative of Swire Coca-Cola HK.

9. Non-Waiver

9.1 No failure or delay on the part of the Parties hereto to exercise any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise by either Party of any right, power or remedy. The rights, powers and remedies provided herein are cumulative and are not exclusive of any rights, powers or remedies by law.

10. Severability

10.1 If any provision of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of this Agreement. The illegal or invalid provision shall be deleted from this Agreement and no longer incorporated herein but all other provisions of this Agreement shall remain in full force and effect.

11. General

11.1 The English version of these Terms and Conditions shall prevail over any Chinese version, which is provided for information purposes only.

11.2 We reserve the right to change these Terms and Conditions at any time.

Swire Beverages Limited T/A Swire Coca-Cola HK
太古飲料有限公司 營業名稱為 太古可口可樂香港

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