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Legal Framework

Terms of Service

Establishing clear guidelines for our partnership to ensure mutual success and transparent cooperation

Last Updated: January 2025

1. Scope of Cooperation

These Terms of Service ("Terms") govern the business relationship between DING Metal Stamping ("DING", "we", "us") and our clients ("Client", "you") for custom metal stamping manufacturing services.

Services Covered:

  • Custom metal stamping parts for photovoltaic, construction, home appliance, and furniture industries
  • Design consultation, drawing evaluation, and technical feasibility analysis
  • Sample production and batch manufacturing
  • Surface treatment services (galvanizing, nickel plating, hot-dip galvanizing)
  • Quality inspection and certification support (EN10204 3.1, 8D report, PPAP L3)

2. Order Rules

Clear guidelines for order placement, payment terms, and delivery schedules to ensure smooth cooperation.

A Minimum Order Quantity (MOQ)

Sample Orders: No MOQ requirement for initial sample production (free samples available upon drawing evaluation)

Batch Production: MOQ determined by project complexity, material type, and tooling requirements (typically starting from 500 pieces per SKU)

Long-term Partnerships: Flexible MOQ negotiable for annual contracts exceeding USD 100,000

B Payment Terms

Standard Payment Schedule:

  • 30% Deposit upon order confirmation (to initiate production scheduling)
  • 70% Balance before shipment (T/T, L/C at sight accepted)

Preferred Clients (Annual volume > USD 500K):

  • Net 30-60 payment terms available upon credit approval
  • Quarterly settlement options for framework agreements

All payments in USD; currency conversion at prevailing exchange rates applies for other currencies.

C Delivery Schedule

Sample Production: 15-30 days from drawing approval and mold fabrication to sample delivery

Mass Production: 30-45 days from deposit receipt (excluding shipping time)

Expedited Service: Rush orders available with 10-15% surcharge for 20-day delivery

Penalty Clause: 2% of contract value per week for delivery delays exceeding agreed schedule (max 10%)

3. Customization Terms

Transparent policies regarding sampling costs, tooling investment, and intellectual property rights.

A Sample Production Fees

Free Sampling Conditions:

  • • Standard parts using existing tooling
  • • Clients with annual procurement commitment exceeding USD 200,000
  • • Referral partnerships and strategic collaborations

Custom Tooling Samples:

  • Mold Fee: USD 500-3,000 depending on complexity (fully refundable upon batch order exceeding 10,000 pieces)
  • Sample Fee: USD 50-200 per piece (cost-based pricing, non-refundable)

Client retains the right to approve samples before mass production; modifications within 2 iterations are free of charge.

B Tooling & Mold Ownership

Client-Funded Tooling:

  • Full ownership transfers to Client
  • DING stores and maintains molds free of charge for 3 years
  • Molds can be retrieved or transferred at Client's request
  • DING cannot produce for third parties without written authorization

DING-Funded Tooling:

  • Ownership remains with DING
  • Client has exclusive production rights during contract period
  • Client may purchase tooling at depreciated value (formula provided in contract)
  • After 2 years of inactivity, DING may reuse tooling with 90-day notice

Tooling ownership and usage rights must be clearly documented in the Purchase Order or separate Tooling Agreement.

4. Quality Assurance & After-Sales

Comprehensive quality control measures and warranty policies to protect your investment.

A Quality Inspection Process

1 Raw Material Inspection

  • • RoHS compliance verification
  • • Material certificate validation
  • • Strength & performance testing

2 In-Process Inspection

  • • Hourly dimensional checks (±0.05mm tolerance)
  • • First article inspection (FAI) per batch
  • • Visual defect screening

3 Post-Treatment Inspection

  • • Coating thickness measurement
  • • Salt spray test (for corrosion resistance)
  • • Appearance quality audit

4 Pre-Shipment Inspection

  • • 100% quantity verification
  • • Random sampling inspection (AQL 1.5)
  • • Packaging integrity check

Traceability: All inspection records, material certificates, and test reports are archived for 5 years and available upon request. EN10204 3.1 certificates, 8D reports, and PPAP L3 documentation can be provided.

Third-Party Inspection: Clients may arrange independent third-party inspection (SGS, TÜV, Bureau Veritas, etc.) at their own expense. DING will provide full cooperation and facility access.

B Warranty & After-Sales Policy

100% Quality Warranty Coverage:

For any quality defects attributable to DING (material defects, dimensional non-conformance, surface treatment failures):

  • Free Replacement: Defective parts replaced at no charge (including production and shipping costs)
  • Full Refund Option: Available if replacement is not feasible or acceptable
  • Expedited Remedy: Replacement parts shipped within 7 days of defect confirmation
  • Consequential Costs: DING covers reasonable costs incurred due to defective parts (to be negotiated case-by-case)

Warranty Period:

  • Standard Parts: 12 months from delivery date
  • Custom Parts: 18 months from delivery date
  • Long-term Projects: Extended warranty negotiable (up to 36 months for strategic partnerships)

Warranty Exclusions:

  • • Damage from improper storage, handling, or installation by Client
  • • Normal wear and tear or consumable parts
  • • Modifications or repairs by unauthorized third parties
  • • Use beyond specified operating parameters or environmental conditions
  • • Force majeure events (natural disasters, war, government actions, etc.)

Claim Procedure:

  1. Client notifies DING within 7 days of defect discovery
  2. Provide photos, defect description, and affected quantity
  3. DING reviews and responds within 48 hours
  4. If confirmed, DING issues 8D report and initiates remedy action
  5. Replacement parts shipped or refund processed per agreed timeline

5. Liability & Dispute Resolution

Clear accountability framework and fair mechanisms for resolving disagreements.

A Breach of Contract & Penalties

DING's Liabilities:

  • Delivery Delay: 2% of contract value per week (max 10%), unless caused by force majeure or Client-induced changes
  • Quality Defects: Free replacement/refund + compensation for direct losses (max 100% of defective batch value)
  • Quantity Shortage: Supplement missing quantity within 7 days or pro-rata refund + 5% penalty on shortage value
  • Confidentiality Breach: Liquidated damages of USD 50,000 or actual damages proven by Client, whichever is greater

Client's Liabilities:

  • Payment Delay: 1.5% monthly interest on overdue amount; DING may suspend production after 15 days delay
  • Order Cancellation: After production start: Client pays 30% of order value + actual costs incurred (materials, tooling, labor)
  • Design Change: After sample approval: Client covers re-tooling costs + 20% of original mold fee for significant changes
  • Rejection Without Cause: If products meet specifications but Client refuses delivery: Client pays 50% restocking fee

Liability Limitations:

Except for gross negligence or willful misconduct:

  • • Total liability capped at 100% of the specific order value in dispute
  • • No liability for indirect, consequential, or punitive damages (lost profits, business interruption, etc.)
  • • Claims must be filed within 12 months from delivery date; otherwise deemed waived

B Dispute Resolution Mechanism

Three-Tier Resolution Process:

1
Amicable Negotiation (Mandatory First Step)

Both parties commit to good-faith negotiation for 30 days. Senior management from both sides must participate in resolution discussions.

2
Mediation (Optional)

If negotiation fails, either party may request mediation through China International Economic and Trade Arbitration Commission (CIETAC) or mutually agreed mediator. Costs shared equally.

3
Arbitration (Final Binding Resolution)

Unresolved disputes submitted to arbitration:

  • • Venue: China International Economic and Trade Arbitration Commission (CIETAC), Beijing
  • • Language: English (with Chinese translation if needed)
  • • Rules: CIETAC Arbitration Rules in effect at time of dispute
  • • Arbitrators: Three arbitrators (each party appoints one; third appointed by CIETAC)
  • • Award: Final and binding on both parties; enforceable in any jurisdiction

Governing Law:

These Terms governed by the laws of the People's Republic of China, excluding conflict of law provisions. UN Convention on Contracts for the International Sale of Goods (CISG) applies if both parties are from signatory countries.

Jurisdiction:

For matters not subject to arbitration (e.g., injunctive relief for IP infringement), courts in Jiangsu Province, China have exclusive jurisdiction. However, arbitration remains the primary dispute resolution method.

Performance During Dispute: Unless otherwise agreed or legally prohibited, both parties must continue performing their contractual obligations (payment, delivery, etc.) during dispute resolution proceedings.

Additional Terms & Conditions

Confidentiality

All technical drawings, specifications, pricing, and business information exchanged are confidential. Both parties agree not to disclose to third parties without written consent for 5 years post-contract.

Intellectual Property

Client retains IP rights to their designs. DING retains rights to manufacturing processes and tooling methods. Neither party may use the other's trademarks without authorization.

Force Majeure

Neither party liable for delays/failures due to events beyond reasonable control (natural disasters, war, pandemics, government actions). Affected party must notify within 7 days and provide evidence.

Amendments

These Terms may be updated periodically. Material changes communicated 30 days in advance. Continued business after notification constitutes acceptance. Specific order terms supersede general Terms if conflicting.

Severability

If any provision deemed invalid or unenforceable, remaining provisions remain in full effect. Invalid provision replaced with valid provision closest to original intent.

Entire Agreement

These Terms, together with Purchase Orders and Technical Specifications, constitute the entire agreement. No oral agreements or representations binding unless confirmed in writing by authorized signatories.

Questions About These Terms?

Our team is here to clarify any provisions or discuss customized terms for your specific needs.

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By placing an order or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Effective Date: January 1, 2025 | Version 2.0