In force from 14 September 2026 · DRIFT BAY HOLDINGS LIMITED
Supply & Delivery Terms
The standing terms on which the company sells construction machinery and electrical plant. They apply unless the signed contract says otherwise — and the signed contract prevails.
Formation
A quotation is an invitation to treat and is valid for the period stated on it, or for fourteen days if no period is stated. A contract comes into existence only when a written sales contract is signed by both parties.
The company sells as principal on its own account. It is not the agent of any manufacturer.
Specification
Goods are supplied to the written specification in the contract — model or duty, capacity, voltage and frequency, and the standard the equipment must meet in the country of destination.
Where a buyer supplies the specification, the buyer is responsible for its fitness for the intended use and for any approval, licence or homologation required on arrival.
Delivery and risk
Delivery is on the Incoterms 2020 rule named in the contract — normally FOB at a named port of loading, or CIF / CFR to a named port of discharge. Risk passes as that rule provides.
Delivery dates are estimates given in good faith and depend on the manufacturer’s production schedule and on vessel availability. The company notifies the buyer as soon as it becomes aware of a delay.
Inspection
The buyer may appoint a third-party inspection agency to inspect the goods before shipment, at the buyer’s cost. The company arranges access and releases the report with the shipping documents.
Where the buyer does not exercise that right, the goods are taken as conforming to the contract specification at the point risk passes.
Title and payment
Title passes when the contract price has been received in full and cleared funds. Until then the goods remain the property of the company, notwithstanding delivery or the passing of risk.
Payment is by telegraphic transfer or documentary letter of credit, in HKD, CNH or USD as the contract states. The company does not pay, and will not accept payment from, a party that is not named in the contract.
Documents
Unless the contract provides otherwise, the company presents the commercial invoice, the packing list, the ocean bill of lading, the certificate of origin and — where arranged — the third-party inspection report.
Documents are released against payment terms. They are not released early.
Warranty
Equipment carries the manufacturer’s warranty on its own terms. The company passes the benefit of that warranty to the buyer and assists in making a claim, but does not give a separate warranty of its own beyond conformity with the contract specification.
Force majeure and law
Neither party is liable for failure to perform caused by an event beyond its reasonable control, including port closure, export control measures and the imposition of sanctions. If such an event continues for more than ninety days, either party may terminate the affected contract.
Contracts are governed by the laws of Hong Kong, and the courts of Hong Kong have exclusive jurisdiction.
This document is in force from 14 September 2026. The English text is the operative version; the Traditional Chinese translation is provided for convenience, and in the event of any inconsistency the English text prevails.
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- Legal & Risk Notice The regulatory position of the company, and the risks attaching to the activities described on this site.
- Returns & Claims Capital equipment sold business-to-business is not returnable on change of mind. This page sets out what can be claimed, and how.