Terms & Conditions

1. Scope of These Terms

These terms apply to all quotations, proforma invoices, order confirmations and supplies of goods by KOBOY to the Buyer, unless we have signed a separate written agreement that expressly overrides them.

By placing an order, the Buyer accepts these terms. Where the Buyer's own purchase order or standard terms conflict with these terms, these terms prevail unless we agree otherwise in writing and signed by both parties.

2. Definitions

• "Products" — the goods we manufacture or supply, including baby feeding products, baby care products and related accessories.
• "Order" — a purchase order accepted by us in writing.
• "Specification" — the agreed written description of the Products, including materials, dimensions, colours, decoration, packaging and labelling.
• "Tooling" — moulds, dies and other tooling made for the Buyer's project.
• "Incoterms" — the Incoterms 2020 rules of the International Chamber of Commerce.

3. Quotations and Pricing

• Quotations are valid for 30 days from the date of issue unless stated otherwise, and are subject to our written confirmation at the time of order.
• Prices are quoted in USD unless stated otherwise, and are exclusive of any duties, taxes or levies in the destination country.
• Unless stated otherwise, prices are quoted EXW or FOB at the port stated in the quotation. Freight, insurance and destination charges are for the Buyer's account.
• Prices may be adjusted if the Specification changes, if order quantities are reduced, or if raw material or freight costs move materially before production begins. We will notify the Buyer before applying any such adjustment.

4. Orders and Minimum Order Quantities

• An Order is accepted only when we issue a written order confirmation or proforma invoice.
• Minimum order quantities ("MOQ") are stated in the quotation and vary by product, material and decoration. MOQ for custom-colour or custom-decorated items may be higher than for stock items.
• Order quantities may vary by ±5% from the ordered quantity, and the Buyer is invoiced for the actual quantity shipped within that tolerance.
• Cancellation after tooling has started or production has begun may be subject to charges for work already carried out.

5. Samples, Tooling and Development

• Sample and tooling charges are quoted separately and are payable before development begins. Tooling lead time runs from the date we receive the deposit and the approved 3D drawing.
• Samples are sent for the Buyer's approval before mass production. The Buyer must confirm approval in writing, or return marked comments, within the period stated in the sample submission.
• Once the Buyer approves a golden sample, that sample defines the quality standard for the order.
• Tooling paid for by the Buyer remains the Buyer's property and is held by us for the Buyer's exclusive use. We store it at our premises and carry out routine anti-rust maintenance free of charge for 24 months after the last production order placed against it.
• Our tooling is designed for approximately 300,000 moulding cycles under normal operating conditions. Routine anti-rust treatment and normal maintenance within that design life are carried out by us at no charge. Wear parts, and damage caused by abnormal moulding conditions, abrasive materials or unauthorised modification, are excluded from this free maintenance.
• If no new order is placed against a set of tooling within 24 months of the last order, we may — after giving 30 days' written notice — begin charging a reasonable tooling storage fee, or agree with the Buyer to return the tooling to the Buyer or to scrap it, in each case at the Buyer's cost. Any such step will be discussed with the Buyer before it is taken.

6. Buyer-Supplied Designs and Intellectual Property

• The Buyer is responsible for ensuring it has the right to use any design, logo, artwork or brand name it asks us to apply to the Products, and for ensuring those do not infringe any third party's intellectual property.
• The Buyer grants us a limited licence to use its designs and trademarks solely to manufacture, package and supply the Buyer's order.
• The Buyer will indemnify us against any claim arising from designs, artwork or marks it supplied to us.
• We may keep and use production samples of the Buyer's order for internal quality records and, only with the Buyer's written consent, for marketing purposes.

7. Our Intellectual Property

Unless we have expressly assigned them in writing, all of our existing and background intellectual property — including our mould designs, product designs, technical drawings, production know-how, processes and the content of this website — remains our property. Nothing in these terms transfers ownership of that intellectual property to the Buyer.

8. Payment Terms

• Unless otherwise agreed in writing: 30% deposit on order confirmation, and the 70% balance against a copy of the shipping documents, before release of the original documents.
• Payment is by T/T bank transfer to the account stated on our invoice. Bank charges levied by the Buyer's bank and by any intermediary bank are for the Buyer's account; charges levied by our receiving bank are for ours.
• Production slots are reserved only after the deposit is received. Delays in payment may delay shipment accordingly.
• We may require different terms for a first order, for custom tooling, or where an order exceeds agreed credit limits.

9. Delivery and Risk

• Delivery lead times are estimates given in good faith and run from the later of: receipt of the deposit, approval of the golden sample, and confirmation of all artwork and packaging.
• Risk in the Products passes to the Buyer in accordance with the Incoterm stated in the order confirmation.
• Where delivery is delayed by the Buyer — for example by late artwork approval, late packaging confirmation or late payment — storage charges may apply and the delivery date is extended accordingly.
• We are not responsible for delays caused by carriers, customs authorities or other events outside our reasonable control (see Force Majeure below).

10. Inspection and Acceptance

• We inspect each order against the approved golden sample using an AQL sampling plan before shipment, and can provide inspection reports and photographs on request.
• The Buyer may appoint a third-party inspection company to inspect the order at our factory before shipment, at the Buyer's cost and by prior arrangement.
• Unless the Buyer notifies us of a defect within 30 days of receiving the Products, the Products are deemed accepted.

11. Regulatory Compliance and Market Access

• Our factory certifications. We hold a Chinese national industrial production licence (XK) covering food-contact plastic products, and our materials meet the China national food-contact standard. Copies of the licence and of our national-laboratory test reports are available on request.
• Test reports for KOBOY-branded products. For products supplied under the KOBOY brand, we can provide test reports against the standards applicable to our main markets, including EN 14350, CPSIA and the corresponding Children's Product Certificate (CPC).
• Private-label and customised products. Where the Products are manufactured under the Buyer's own brand, or to the Buyer's own design, the required certification — including any CPC — must be issued in the Buyer's name, and the Buyer is responsible for obtaining it. We will assist by arranging testing with an accredited third-party laboratory, such as SGS, Intertek or BV, and by providing the technical files, samples and production information the laboratory requires. For larger order volumes we may agree to bear the cost of that testing; any such agreement is recorded in the quotation or order confirmation.
• Other market standards, including FDA and LFGB. We do not hold FDA or LFGB certification. Where the Buyer requires testing to those or any other standards, we can arrange it with an accredited third-party laboratory, at the Buyer's cost unless we have agreed otherwise in writing.
• The Buyer's role. Unless we have expressly agreed otherwise in writing, the Buyer is responsible for complying with all import, registration, labelling and product-safety requirements of the destination market, and for obtaining and maintaining any market-access certification or registration required there.
• Depending on the destination, these requirements may include, for example: SASO / SABER in Saudi Arabia; MOIAT / ESMA and the applicable GSO standards in the United Arab Emirates; BIS and legal-metrology requirements in India; SONCAP in Nigeria; PVoC in Kenya; GOEIC registration in Egypt; and NRCS in South Africa. The Buyer is responsible for confirming, before placing an order, that the Products as specified will satisfy those requirements.
• No market-specific approval warranty. We do not warrant that the Products are approved, registered or cleared for sale in any particular market unless we have expressly agreed in writing to obtain that approval.
• Changes in law or standards. If a change in the law, regulation or standard of the destination market requires a change to the Product, its packaging or its labelling, we will discuss the change with the Buyer. Price and lead time may be adjusted accordingly.

12. Warranty and Defective Goods

• We warrant that the Products will conform to the approved Specification and golden sample at the time of shipment.
• The warranty period is 12 months from the date of shipment.
• What is covered. Manufacturing and material defects present at the time of shipment. Typical examples include moulding flash, graduation or print markings that detach from the product, and threads that fail to seal or leak under normal use.
• What is not covered. Damage or deterioration caused by handling after delivery — whether by the Buyer or by the end consumer — including prolonged boiling at excessive temperature, dry heating in a microwave, dishwasher cycles above the stated temperature limit, exposure to solvents, and normal wear of consumable parts such as silicone teats, seals and valves. The warranty also excludes unauthorised modification of the Products and use outside the stated temperature range.
• Where a valid defect claim is accepted, we will at our option repair, replace or credit the defective quantity. Claims must be supported by photographs, the batch code and, where practicable, retained samples.

13. Limitation of Liability

• To the maximum extent permitted by law, our total liability arising out of or in connection with an Order is limited to the value of the Products supplied under that Order.
• We are not liable for indirect, incidental, special or consequential losses, including loss of profit, loss of business, loss of goodwill or recall costs, however arising.
• Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.

14. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, government action, changes in law or export controls, port closures, strikes, or widespread failure of utilities, transport or communications. The affected party will notify the other promptly, and the delivery date will be extended by the duration of the event.

15. Confidentiality

Each party will keep confidential any non-public business, technical or commercial information received from the other in connection with an Order — including Specifications, drawings, prices and buyer identities — and will use it only for the purpose of performing the Order. This obligation continues for 3 years after the end of the business relationship.

16. Governing Law and Dispute Resolution

These terms and any Order are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Each party submits to the exclusive jurisdiction of the state and federal courts located in Wyoming, United States of America, for any dispute arising out of or in connection with these terms or an Order. Nothing in this section prevents either party from applying to any court of competent jurisdiction for interim or injunctive relief, or from enforcing a judgment in any jurisdiction where the other party holds assets.

17. Changes and Contact

We may update these terms from time to time. The version in force for a given Order is the one published on this page at the time the Order was confirmed.

AORIS INC
30 N Gould St Ste R, Sheridan, WY 82801, United States
Email: Shawnlee80111@gmail.com
Phone / WhatsApp: +86 132 8371 8360