Rules

Dispute over Trade on MFG.com sites: “Rules”

General Matters

Article 1.  These Rules, herein referred to as “Rules” are adopted to permit fair and equitable handling of trade disputes between buyers and sellers, protect the rights and interests of buyers and sellers, herein referred as “Users, buyers, or sellers”, and promote and sustain any of the e-commerce activities that were started on any of the MFG.com sites as defined in the Terms and Conditions, herein referred to as “MFG.com sites”.

Article 2.  These Rules apply to any user, either buyer or seller that logs in to the MFG.com sites and is an extension of the Terms and Conditions governing all users that login to any of the MFG.com sites. These Rules govern any attempted or completed transactions conducted on any of the MFG.com sites.  Offline activities are not governed by these Rules for any sort of dispute between any users of any of the MFG.com sites.

Article 3.  If a seller or buyer has submitted a complaint for dispute resolution by MFG.com, the seller and buyer agree to have read, agreed, and accepted these Rules. MFG.com dispute resolution is designed to ensure equitable transactions between both users regardless of the reporting party.  All users agree that MFG.com reserves the rights to handle such disputes in accordance with the Articles laid out in these Rules.

Article 4.  MFG.com reserves the right to modify these rules at any time. Any modification will take immediate effect upon being posted on the MFG.com sites. 

Article 5.  MFG.com’s final action to resolve such disputes are not to be interpreted to exempt either user’s legal liability in connection with any trade dispute.  MFG.com’s final action for resolution is solely for the purpose of creating an equitable and fair online community where both buyers and suppliers can engage in activities that result in trade, business relationships, and any other sales and marketing activities carried out by users through any of the MFG.com sites.

Article 6.  Notwithstanding MFG.com’s dispute resolution decision, each user ,if dissatisfied with such decision, may seek legal recourse in accordance to the applicable law and regulations presiding over such trade disputes.  MFG.com reserves the right to impose any penalties against either user in accordance with any and all agreements with the users, these specific Rules, the Terms and Conditions, and/or the Privacy policy on MFG.com sites.

Scope of Trade Disputes

Article 7.  MFG.com will handle the following types of trade disputes under these Rules:  1. the buyer complains that Buyer has not received the products or components ordered; 2. the buyer complains that the products or components received by Buyer are different from those as agreed; 3. the seller complains that the seller has not received the payments from the buyer for the products or components delivered; 4. Other trade disputes that MFG.com may agree to handle at MFG.com’s sole discretion. 

Filing and Handling of Complaints

Article 8.  MFG.com has created an email address (complaint@mfg.com) to process and handle all trade disputes meant to be resolved as described in these Articles. Any user intending to submit complaints should also email any internal MFG.com messages, supporting evidence such as Purchase orders and/or any other utility relative to such complaints within the time period described in these Articles.

Article 9.    When  a user, either buyer or supplier, submits a complaint to MFG.com to the email address provided, the party submitting the complaint agrees to submit all relevant and / or supporting documents within 15 calendar days after the initial submission of such complaint.

Article 10.  Complaints may only be submitted once to MFG.com and once decided, decision, penalties, and other recourse are final. Upon submission, if the user submitting the complaint fails to send in all the necessary documents required to make a determination of resolution, MFG.com reserves the right to dismiss the complaint and no penalties will be imposed to either user.

Article 11.   Relevant and / or supporting documents aforementioned in the previous Article should, if they exist include the following: 1. Any electronic communications between the parties exclusively on the MFG.com sites, 2. Any Purchase Order or other like document issued or received by either buyer or seller which outlines any terms of payment, delivery, authorization to proceed with the transaction, request for samples, award confirmation or refusal, ratings received or preformed and may be limited to documents transmitted through any of the MFG.com sites. 3. Any receipt of goods and / or receipt of payment may be submitted but MFG.com reserves the right to determine the validity and authenticity of any documents submitted.  4. Any communication or transmittal of any documents through other means except the MFG.com sites may not be considered during these disputes and MFG.com reserves the right to decide which documents to consider when resolving such disputes.   

Article 12.    MFG.com, in its sole discretion, may decide if further documentation is needed in order to make a decision for resolution of such complaint.  The user initially submitting the complaint is required to provide any further documentation as required by MFG.com.  If the user submitting the complaint fails to provide further documentation in the time period as defined in these Articles, MFG.com reserves the right to refuse the complaint and no penalty will be imposed to either user.

Article 13. Parties mentioned in any complaint submitted reserve the right to come to an agreement before 15 calendar days and both parties are required to submit such agreements to complaint@mfg.com in order for MFG.com to determine if resolution is needed.  MFG.com reserves the right to verify and decide the authenticity of any documents submitted that intend to show such an agreement.  If either user fails to come to such an agreement, MFG.com reserves the sole right to resolve the dispute in accordance with the Articles set forth in these Rules.

Article 14.  Should MFG.com find that such complaint is submitted during the acceptable time period with supporting and / or relevant documentation, MFG.com will notify both users within 5 calendar days allowing the party that did not submit the claim to also submit any documents that would be relevant and / or supporting such complaint or lack of validity thereof.  The user that did not submit the complaint is permitted 15 calendar days to submit any supporting and / or relevant counter documents to complaint@mfg.com

Article 15. MFG.com encourages any user for which a complaint is submitted to counter submit any documents relevant and / or supporting the counter submittal of such claim and should include if they exist : 1. Any electronic communications between the parties exclusively on any of the MFG.com sites, 2. Any Purchase Order or other like document issued or received by either buyer or seller which outlines any terms of payment, delivery, authorization to proceed with the transaction, request for samples, award confirmation or refusal, ratings received or preformed and may be limited to documents transmitted through the MFG.com sites. 3. Any receipt of goods and / or receipt of payment may be submitted but MFG.com reserves the right to decide the validity and authenticity of any such documents, 5.  Other evidence to support the counter notice 6. Any communication or transmittal of any documents through other means except the MFG.com sites may not be considered during these disputes and MFG.com reserves the right to decide which documents to consider when resolving such disputes.   

 Article 16.   If the user for which the complaint is submitted fails to submit such counter notice(s) in the time period laid out in these articles, fails to provide substantiated documents, or MFG.com determines that the documents submitted support the complaint to be valid and showing default, the users’ company account will result in penalties laid out in Article 27 and / or Article 28 of these Rules.  Should the user for which the complaint is about subsequently provide any supporting documents showing the dispute is not valid or has been resolved, MFG.com will re-instate the company account and will extend the period of services for the duration of time of the suspension. 

Article 17.   If either user, whether submitting the complaint or submitting the counter claim of such complaint  fails to substantiate their portion of such complaint or counter notice, MFG.com reserves the sole right to impose penalties on either user in accordance with Articles 27 and 28. 

Determination of Disputes and Penalties.

Article 18.   MFG.com encourages both users involved in a trade dispute to resolve the dispute through amicable negotiations and / or proactive communications.

Article 19.  MFG.com reserves the right to take immediate action against either user if any changes, amendments, or forgeries to the supporting documents are observed.  This determination is made by MFG.com alone. 

Article 20. Buyer and seller shall fulfill their obligations to make payment and / or deliver products or components as agreed.  If either user is in breach of the agreed obligations, the user in breach shall be responsible.  The user in breach shall be responsible to fulfill the obligations; for example, to make payments, deliver products or components, fix, exchange, return products or components, supply to make up the shortage in the product or component quantity, or to make refunds.

Article 21. Unless the buyer and the seller have agreed otherwise, if both parties have agreed on the quantity, price, shipping fees, and etc. of the products or components, the seller shall not request to increase the prices or for supplemental fees on the grounds such as the increase of raw materials costs, shipping fees, or increase in the amount of the minimum order, etc. Further, the seller shall not refuse to deliver the products or components based on these reasons.  If the buyer does not receive the products or components due to any of these reasons, the seller shall be responsible and penalties may be imposed as laid out in Article 27 or Article 28. 

Article 22.   The buyer shall be responsible if the products or components are detained by the customs because the buyer does not possess the import qualification, or pay the customs duties, or does not specify the special documentation requirements at the time of purchase of special type of products or components.  If the products or components are detained by customs for issues in the shipping documents or other reasons attributable to the seller, the seller shall be responsible.  If the products or components are detained because they are restricted from being imported or illegal, and if the buyer already has the knowledge and ought to have known that the products or components are so restricted or illegal, then both parties shall be responsible, but the seller shall still make a refund to the buyer.  If the buyer genuinely has no knowledge of the fact that the products or components are restricted or illegal, then the seller shall be responsible and make a refund to the buyer. 

Article 23.  The place of delivery shall be the place as agreed by the buyer and the seller through the MFG.com sites.  The buyer may not request to change the delivery place after the seller has shipped the products or components.  The buyer shall be responsible if the buyer does not receive the products or components because the buyer provided a wrong address for delivery or because of other reasons attributable to the buyer.  If the seller fails to deliver the products or components to the agreed place of delivery, the seller shall be responsible.

Article 24.  If the products or components are destroyed or damaged for reasons of force majeure, accidents, problems with the carriers, or other reasons that are not attributable to the seller, then the allocation of the risks shall be decided based on the contract between the buyer and the seller.  If the contract did not specify the allocation of risks in the circumstances, then responsibilities and risks shall be allocated based on the provisions of the United Nations Convention on Contracts of International Sales of Goods and the International Commercial Terms (INCOTERMS).  If the relevant risks shall be borne by the seller, the seller shall be responsible for the delivery or refund, etc.  If the relevant risks shall be borne by the buyer, the seller shall assist the buyer in making claims against the carrier.  If the seller refuses to provide such assistance, MFG.com reserves the right to suspend the seller’s company account(s). 

Article 25.  If the buyer refuses to make payment for the full prices or the remaining amount on the basis that the products or components received are not as agreed, the degree of responsibility for such non-compliance shall be decided on a case-by-case basis.  If the products or components are different in terms of function, color, finish, grade, material, tolerance, specification, or size, or if the products or components are inferior substituting up-to-standards products or components, fake, doped, adulterated,  or etc., then the seller shall be responsible.  If the products or components are counterfeits, inferiors, products or components that infringe the intellectual property rights of any third parties, or the products or components are materially different from the order as agreed, MFG.com reserves the right to impose penalties on the seller according to Article 27 and / or Article 28 of these Rules.

Article 26.  If the seller fabricates the origin of manufacture, or forges or uses without authorization the company name and address of another party, marks for quality certification such as certification marks, famous brand marks, quarantine certificate, quality and quarantine inspection reports, verification reports, etc, the seller shall be responsible. 

Article 27. If either user involved in a submitted complaint is found to be responsible for any defaults, MFG.com reserves the right to immediately terminate the seller’s company account(s) on the MFG.com sites without refunding the any membership subscription fees or other service fees. The buyer and seller both agree this relieves MFG.com of any further obligation both direct and implied upon termination of such user company account(s).  MFG.com reserves the right to publish the record of such termination on the MFG.com sites and/or other media channels. 

If a settlement has been reached between the users involved in the complaint, and the user who submitted the complaint retracts the complaint against other user, MFG.com reserves the right to exempt either user from the penalty of terminating the user’s company account(s), unless the user submitting the complaint’s retraction of such complaint has been found due to inducement, threat, or coercion by the other user involved in the submitted complaint.

Article 28.  If either user involved in a submitted complaint is found to be responsible for any defaults, MFG.com reserves the right to immediately terminate the buyer’s company account(s) on any of the MFG.com sites without notice or recourse without refunding any membership subscription fees or other service fees. MFG.com reserves the right to publish the records of such termination on the MFG.com sites and/or other media channels.  Where the dispute is that the buyer did not pay for products or components, if the buyer subsequently fulfilled the payment obligations, then MFG.com reserve the right to exempt the buyer from the penalty of terminating the account(s).