Terms of Service
Purpose
These terms govern the sourcing, audit, inspection, product development and logistics coordination services provided by NOVASEA. Each engagement is covered by a quote or a contract setting out the scope, deliverables, timelines and fees.
Role of NOVASEA
NOVASEA acts as a service provider and, depending on the mandate given, as the buyer's agent with suppliers. Unless otherwise agreed, NOVASEA is not the seller of the goods: the sales contract is concluded between the buyer and the supplier, with NOVASEA acting as the trader and the following party on the buyer's behalf.
Fees
Fees are either proportional to the purchase value or flat, as defined in the quote. No commission is received from suppliers. Travel expenses outside the Pearl River Delta, laboratory testing and freight costs are re-invoiced at cost against receipts, subject to prior approval.
Inspections
Inspections are carried out by sampling in accordance with ISO 2859-1 and the agreed AQL level. An inspection report records the condition of a batch at the time of inspection; it is not a guarantee that all products conform, which only a 100% inspection can provide.
Liability
NOVASEA is bound by a reinforced best-efforts obligation and by the warranties expressly listed in the contract. Its liability is capped at the amount of fees received for the engagement concerned, except in the case of gross negligence. NOVASEA is not liable for failures by suppliers, carriers or authorities, but pursues the contractual remedies available.
Confidentiality and intellectual property
Information exchanged is confidential. Designs, molds, tooling and trademarks developed for the client belong to the client; NOVASEA acquires no rights over the client's products.
Governing law
The governing law and competent jurisdiction are those set out in the service contract, in principle those of the client's country (French law and the courts of Paris for clients established in the European Union, English law for UK clients, New York State law for North American clients), after an attempt at amicable settlement.