Terms & Conditions

Last updated: 7 October 2026 · Working document — the details shown in brackets are still being completed and this text has not yet been reviewed by a lawyer.

1. These Terms

These terms apply to quotations, orders and supplies of vending machines, spare parts and related services by [[Registered company name]] (‘we’, ‘us’, ‘our’), registered at [[Full registered address]] under registration number [[Company registration number]]. A quotation, order confirmation or contract that refers to these terms incorporates them. Where we agree something different with you in writing, that written agreement prevails over these terms.

These terms are written for business customers. They do not apply to consumers.

2. Quotations And Orders

A quotation is an invitation to order and not an offer. It is valid for [[quotation validity period, e.g. 30 days]] unless it states otherwise.
An order becomes binding when we confirm it in writing (the order confirmation).
Specifications, drawings and artwork become part of the contract once both sides have approved them in writing.
A change to an approved specification is a variation. It may change the price and the lead time, and we will confirm the effect in writing before continuing.

3. Price And Payment

Prices are quoted in [[currency]] and exclude VAT, duties and any other taxes unless the quotation states otherwise.
Payment terms are [[payment terms, e.g. 30% deposit with the order, balance before shipment]] unless we agree otherwise in writing.
If payment is late, we may suspend production or delivery and charge interest on the overdue amount at [[interest rate]].
Bank charges, currency conversion costs and any withholding tax in your country are for your account. Where withholding tax applies, you will provide the certificates needed for us to claim relief.

4. Delivery, Lead Time And Risk

Delivery terms are [[Incoterms rule and named place, e.g. FOB Shenzhen, Incoterms 2020]] unless the order confirmation states otherwise.
Lead time runs from the later of: receipt of the deposit, written approval of the final drawings and artwork, and any agreed starting date.
Risk in the machines passes as set out in the agreed Incoterm.
Delivery dates are given in good faith. Where a delay is caused by something outside our reasonable control, or by a change you request, the date moves accordingly.

5. Title

Title to the machines passes to you only when we have received payment in full. Until then we remain the owner. While title remains with us, you will store the machines separately and identifiably, keep them insured, and not sell, lease or charge them.

6. Inspection And Acceptance

You may inspect the machines at our plant before shipment, or appoint a third-party inspection agent to do so on your behalf.
You must check the machines on arrival and notify us in writing of any shortage, damage or visible defect within [[notice period, e.g. 7 days]] of delivery.
For damage in transit, we may ask for photographs or video, and for the packaging to be kept, before the claim is settled.

7. Warranty

We warrant that the machines conform to the approved specification and are free from defects in materials and workmanship for [[warranty period, e.g. 12 months]] from delivery or from commissioning, whichever occurs first.
Our obligation under the warranty is to repair or replace, at our option, the part shown to be defective.
The warranty does not cover: consumable and wear parts; glass and cosmetic damage; damage caused by misuse, accident, incorrect installation, unauthorised modification or neglect; failure to follow the maintenance schedule; or damage caused by power supply, network or environmental conditions outside the machine's published specification.
Warranty service is provided remotely, with genuine spare parts supplied from our plant. On-site attendance, travel and labour outside the machine are not included unless agreed in writing.
This clause sets out our whole liability for machines that do not conform to the specification or that are defective.

8. Your Compliance Obligations

Vending machines are regulated products and the rules differ from country to country. You are responsible for making sure that the machines, and the products sold through them, may lawfully be operated in the market where they are placed.

European Union — where you place the machines on the EU market as importer or distributor, you take on the corresponding obligations under Regulation (EU) 2019/1020 and the applicable product legislation, including CE marking duties. We supply the technical documentation, declarations and marking required for the machines we manufacture; where EU law requires an importer or an authorised representative to be named, that party is appointed by you.
Age-restricted products — tobacco, vaping and e-cigarette products are subject to national restrictions on vending sales that differ between EU member states and change over time. It is your responsibility to confirm that vending sales of your products are permitted in the destination country, and to configure the machine accordingly — for example age verification and payment controls.
Payment, telemetry and remote-monitoring features must be used in accordance with the rules and network approvals of the destination country.
Labelling, language and energy-labelling requirements for the destination market are your responsibility unless we have agreed in writing to handle them.

9. Intellectual Property

All intellectual property in our designs, drawings, software and documentation remains ours.
Where you supply your own brand, artwork, packaging or design, you confirm that you have the right to use it, and you indemnify us against third-party claims arising from it.
Tooling paid for by you is used only for your orders. Ownership of that tooling is as agreed in writing.

10. Confidentiality

Each side will keep the other’s technical, commercial and pricing information confidential and use it only to perform the contract. This does not apply to information that is public, that was already known, or that must be disclosed by law.

11. Limitation Of Liability

Nothing in these terms limits liability that cannot be limited by law.
Our total liability arising out of or in connection with the contract is limited to the price paid for the machines that give rise to the claim.
We are not liable for loss of profit, loss of revenue, loss of business, loss of data, loss of use, downtime of the machines, or any indirect or consequential loss.
We are not liable for the acts or omissions of carriers, installers or service providers appointed by you.

12. Force Majeure

Neither side is liable for a failure or delay in performance caused by an event outside its reasonable control, including natural events, war, civil unrest, epidemics, government action, export or import restrictions, transport disruption, or the failure of a supplier or carrier. If the event continues for more than [[period, e.g. 90 days]], either side may end the contract for the affected part without further liability, other than returning payments for machines that have not been delivered.

13. Termination

Either side may end the contract immediately if the other commits a material breach and does not put it right within [[notice period, e.g. 30 days]] of written notice, or becomes insolvent. Ending the contract does not affect rights and obligations that have already arisen.

14. Governing Law And Disputes

These terms and any dispute arising out of them are governed by the laws of [[governing law]]. Disputes are to be finally settled by arbitration at [[arbitration seat and institution]], or otherwise by the courts of [[place of jurisdiction]]. The language of the proceedings is [[language]].

Choose one dispute route and delete the other before publishing. The usual options for a Chinese exporter are arbitration in China (for example CIETAC) or the courts or an arbitration institute in the buyer's country. This is a commercial decision, not a technical one.

15. General

If any provision of these terms is found to be unenforceable, the remaining provisions stay in force. These terms, together with the order confirmation and the approved specification, form the entire agreement between us. We may assign the contract; you may not assign it without our written consent.

16. Contact

Questions about these terms can be sent to sales@vizingsmart.com.