1. Agreement to These Terms
These Terms of Service govern your access to and use of the website published at chammo.buzz and any services supplied by HONGKONG FUXINGFU INDUSTRIAL CO., LIMITED, including integration planning, equipment sourcing, production line studies, supplier audits, logistics design and maintenance contracts. By using the website, submitting an enquiry or placing an order, you agree to be bound by these terms to the extent permitted by law.
These terms operate alongside any signed proposal, statement of work or master services agreement between us. Where a signed document conflicts with these terms, the signed document prevails for that engagement. Where no signed document exists, these terms govern the relationship.
If you do not agree with these terms, please do not use the website or engage our services. Fuxingfu Industrial reserves the right to decline any engagement at its discretion and for any lawful reason.
2. Definitions
In these terms, the Company, we, us and our refer to HONGKONG FUXINGFU INDUSTRIAL CO., LIMITED. The Client, you and your refer to the person or organisation accessing the website or engaging the Company. Services means the industrial systems integration, sourcing, modernisation, auditing, logistics and support work described on this website or in a proposal.
Deliverable means any report, drawing, schedule, specification, model, plan or other document prepared by the Company for the Client. Third Party Goods means equipment, software or services manufactured or supplied by a party other than the Company. Statement of Work means a written document describing the scope, schedule, fees and acceptance criteria for an engagement.
3. Our Services
The Company provides professional services in the field of computer integrated systems design and industrial systems integration. The service lines include Factory Systems Integration Planning, Industrial Equipment Sourcing Programmes, Production Line Modernisation Studies, Supplier Quality Audit Services, Logistics and Warehousing Design and Maintenance and Support Contracts.
The scope of each engagement is defined in a written proposal or statement of work. The Company may propose variations during delivery where site conditions, technical findings or client requirements make a change necessary. No variation is binding until it is documented and accepted in writing by both parties, and any variation that affects fees or schedule will be priced before it is accepted.
The Company does not manufacture industrial equipment and does not act as a manufacturer. Where the Company specifies, recommends or sources Third Party Goods, its role is that of a professional adviser and procurement intermediary unless a signed agreement states otherwise.
4. Eligibility and Authority
The website and services are offered to businesses and professional users, not to consumers. By submitting an enquiry or placing an order, you confirm that you are at least 18 years old and that you have the legal authority to bind the organisation on whose behalf you act.
You agree to provide accurate, current and complete information when contacting the Company or commissioning work. Where information changes, you agree to update it promptly so that the Company can rely on it. The Company is not responsible for consequences that arise from information that is inaccurate or incomplete.
5. Quotations and Proposals
Quotations and proposals are prepared for a defined scope and are valid for 30 days from the date of issue unless a different period is stated. A quotation is an invitation to engage, not a binding offer, and is subject to confirmation of site conditions, availability of Third Party Goods and clarification of any assumptions recorded in the document.
Where a quotation assumes a particular site condition, level of access, utility capacity or data quality, and the actual condition differs, the Company may revise the fee, schedule or scope accordingly. Revisions are communicated in writing before additional work proceeds.
Fees for Third Party Goods are quoted subject to manufacturer pricing and exchange rate movement where the goods are imported. If a material change occurs before the order is placed, the Company will inform you and seek written agreement to the revised price.
6. Acceptance of Orders
An engagement begins when the Company issues written acceptance of an order or when the parties sign a statement of work, whichever occurs first. The Company may request a purchase order, a deposit or both before mobilising resources, and may decline an order where required information, access or payment security is not provided.
Once accepted, an order may be varied only as described in the variations clause. An order may be cancelled by the Client subject to payment for work performed, commitments made to suppliers and irrecoverable costs incurred up to the date of cancellation.
7. Use of the Website
The website is provided for information about the Company and its services. You may view, download and print pages for your own internal business evaluation. You may not reproduce, republish, distribute or commercially exploit website content without written permission, except where the law expressly permits.
The Company takes care to keep website content accurate, but technical information, service descriptions and illustrations are provided for general guidance and may not reflect the latest position. Content does not form part of any contract unless a signed document expressly incorporates it.
Access to the website is provided on an as available basis. The Company may modify, suspend or withdraw any part of the website at any time, including for maintenance, security or editorial reasons, without liability to you.
8. Prohibited Conduct
When using the website or communicating with the Company, you agree not to engage in conduct that harms the Company, its staff, its clients or its systems. The following activities are prohibited without limitation.
- Attempting to gain unauthorised access to any system, network or data
- Introducing malicious code, automated scraping at disruptive volume or denial of service traffic
- Using the website to transmit unlawful, defamatory, misleading or infringing material
- Impersonating the Company or misrepresenting an affiliation with the Company
- Interfering with the proper operation of the website or the security of any connected service
- Using contact details published on the website for unsolicited bulk marketing
The Company may investigate suspected breaches, restrict access and report conduct to the appropriate authority where the law permits or requires.
9. Intellectual Property
All intellectual property rights in the website, including text, layout, graphics, stylesheets and scripts, belong to the Company or its licensors. These rights are protected by applicable law and international treaty. No licence to use those rights is granted except as expressly stated in these terms.
For bespoke deliverables prepared under an engagement, the position depends on the statement of work. Unless the statement of work provides otherwise, the Company retains ownership of its background methods, templates, software tools and know how, and grants the Client a non exclusive licence to use the completed deliverables for the internal business purposes for which they were prepared.
Third Party Goods, including equipment firmware and vendor software, remain subject to the intellectual property rights and licence terms of the relevant manufacturer. The Client is responsible for complying with those terms.
10. Client Materials and Data
The Client grants the Company a limited licence to use site data, drawings, specifications and other materials supplied during an engagement solely for the purpose of delivering the services. The Client confirms that it has the right to provide those materials and that doing so does not breach any obligation owed to a third party.
The Company will handle Client materials with reasonable care and will not disclose them except as necessary to deliver the services, as authorised by the Client or as required by law. Where a deliverable must incorporate vendor data, the Company will manage the exchange and will mark confidential material clearly.
Following completion of an engagement, the Company may retain copies of deliverables and project records for its archive and for the periods described in its Privacy Policy. The Client may request return or deletion of specific materials, and the Company will comply subject to legal retention requirements.
11. Deliverables and Acceptance
Deliverables are supplied in the formats and at the level of detail described in the statement of work. Acceptance criteria are agreed in advance so that completion can be assessed objectively. Where the Client does not respond to a submitted deliverable within ten business days, the deliverable is deemed accepted unless the statement of work provides a different period.
If a deliverable does not meet the agreed criteria, the Client should notify the Company in writing with specific references to the criteria not met. The Company will correct the identified deficiencies at no additional fee, provided the request is made within the review period and relates to the agreed scope rather than to a new requirement.
Requests that extend beyond the agreed scope are treated as variations and are priced accordingly. The Company aims to resolve acceptance matters promptly and in good faith rather than allowing them to delay the wider project.
12. Equipment and Third Party Goods
Where the Company sources equipment on behalf of the Client, the contract of supply for the goods is between the Client and the manufacturer unless a signed agreement states otherwise. Manufacturer warranties, lead times and support obligations run directly to the Client, and the Company assists in administering those warranties where the engagement includes support.
The Company prepares specifications and acceptance test criteria with care, but it does not guarantee the performance of Third Party Goods beyond the manufacturer warranty. Performance figures quoted from vendor documentation are indicative and are confirmed only after a successful factory acceptance test or site commissioning.
Risk in Third Party Goods passes as stated in the applicable supply terms. Where the Company arranges transport, insurance and customs documentation, those arrangements are described in the statement of work and are subject to the terms of the carriers and insurers involved.
13. Audits and Reports
Supplier quality audits are conducted using a documented scoring model that is shared with the supplier in advance. Audit reports reflect conditions observed during the audit window and are not a guarantee of ongoing supplier performance. Findings are graded by risk and are provided to support decision making, not to replace the Client commercial judgement.
The Company will not disclose an audit report to the audited supplier beyond the feedback required by the programme without the Client written consent, except where disclosure is required by law or by a contractual obligation that the Client has accepted.
Audit conclusions are based on sampling and professional judgement. The absence of a finding does not mean that no defect or weakness exists, and a favourable report is not a warranty of future quality.
14. Fees and Payment
Fees are stated in the applicable quotation or statement of work and are exclusive of taxes, duties and third party charges unless stated otherwise. Professional service fees are quoted as fixed amounts for defined deliverables or, where agreed in writing, as time based rates with a notional budget.
Unless otherwise agreed, invoices are payable within 30 days of the invoice date. The Company may require a deposit before mobilisation and milestone payments for longer engagements. Late payment may attract interest at the rate stated in the statement of work or, where no rate is stated, at a reasonable commercial rate permitted by law.
| Item | Payment Term |
|---|---|
| Studies and audits | Deposit on acceptance, balance on delivery |
| Integration planning | Milestone schedule set in the statement of work |
| Equipment supply | As required by the manufacturer and supply terms |
| Support contracts | Annually in advance unless otherwise agreed |
You are responsible for any withholding tax, bank charge or currency conversion cost that applies to a payment, and payments must be made in the invoiced currency without deduction except where the law requires a deduction.
15. Site Access and Safety
The Client will provide safe and timely access to the site, including induction, escorts where required, and accurate information about hazards, isolation points and permit to work procedures. The Company will comply with all site safety rules and will require its personnel and subcontractors to do the same.
The Client remains responsible for the safety of its own site, plant and people at all times. The Company may suspend work where it reasonably believes that a condition presents an imminent risk to health or safety, and any resulting delay is treated as a variation rather than a breach.
Where a site visit is required, the Client will inform the Company of any access restriction, restricted substance, energised equipment or confined space so that appropriate controls can be planned in advance. The Company will not permit its personnel to work in conditions that breach applicable safety law.
16. Warranties
The Company warrants that its services will be performed with reasonable skill and care by suitably qualified personnel and in accordance with the agreed scope. This warranty applies to the professional services provided and does not extend to Third Party Goods or to outcomes that depend on data, equipment or decisions outside the Company control.
The Company does not warrant that a design will achieve a particular financial result, production volume or energy saving unless a specific performance figure is expressly guaranteed in a signed statement of work. Site conditions, operator behaviour, material variation and market demand can all affect outcomes, and no adviser can control them fully.
Except as expressly stated in these terms or in a signed agreement, all warranties, conditions and representations are excluded to the fullest extent permitted by law. Nothing in these terms excludes or limits any liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence.
17. Limitation of Liability
To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, loss of revenue, loss of production, loss of data or loss of business opportunity, whether the claim arises in contract, tort, statute or otherwise, and even if the possibility of such loss was known.
The total aggregate liability of the Company arising out of or in connection with an engagement is limited to the total professional service fees actually paid by the Client for the specific engagement giving rise to the claim. Where the claim relates to equipment, the limitation is the value of the Company fee attributable to that equipment sourcing activity.
Each provision of this limitation operates separately. If any provision is found to be unenforceable, the remaining provisions continue in effect. The limitations apply for the benefit of the Company, its officers, employees and subcontractors.
18. Indemnity
The Client agrees to indemnify and hold harmless the Company, its officers, employees and subcontractors against claims, losses, damages, costs and expenses arising from the Client materials, the Client site conditions, the Client breach of these terms, or the Client use of a deliverable outside the purpose for which it was prepared.
Where a third party claim arises from the Company negligent performance of the services, the Company will indemnify the Client for the direct loss caused, subject to the limitations in these terms and provided that the Client promptly notifies the Company and allows the Company to participate in the defence.
Neither party is obliged to indemnify the other for a claim to the extent that the claim results from the other party own act, omission or breach of these terms.
19. Force Majeure
Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, severe weather, epidemic, war, civil unrest, industrial action, government action, failure of a utility or telecommunications network, or a global shortage of components.
The affected party will notify the other as soon as reasonably practicable and will use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected engagement on written notice, in which case the Client pays for work performed and commitments reasonably incurred up to the date of termination.
20. Termination and Suspension
Either party may terminate an engagement for material breach by giving written notice and allowing 30 days for the breach to be remedied. If the breach is not remedied within that period, the engagement ends, and the Client pays for work performed and irrecoverable commitments incurred up to the termination date.
The Company may suspend services immediately where a safety risk arises, where payment is overdue by more than 30 days, or where continued work would require the Company to breach the law or a professional obligation. Suspension does not extinguish the Client obligation to pay for work already performed.
Termination does not affect rights that arose before termination, including accrued payment obligations, confidentiality duties, intellectual property provisions, liability limitations and any other clause that by its nature survives.
21. Confidentiality
Each party will keep confidential the confidential information of the other and will use it only for the purposes of the engagement. Confidential information includes technical data, drawings, specifications, pricing, supplier information and any information marked as confidential or that a reasonable person would treat as confidential.
Confidentiality obligations do not apply to information that is already public, becomes public through no breach of these terms, is independently developed without reference to the confidential information, or must be disclosed by law or court order. Where disclosure is compelled, the disclosing party will give reasonable advance notice so that protective measures can be sought.
These confidentiality obligations survive the end of an engagement for a period of five years, and for trade secrets they continue for as long as the information remains a trade secret.
22. Privacy
Personal information handled in connection with the website and the services is governed by the Company Privacy Policy, which is published on this website and forms part of these terms by reference. The Privacy Policy explains what information is collected, why it is used, how long it is kept and how rights requests are handled.
Where the Company processes personal information on behalf of a Client under a services agreement, the Client remains the controller and the Company acts on documented instructions. The parties may enter a separate data processing agreement where the law requires one or where the sensitivity of the information makes it appropriate.
23. Third Party Links and Services
The website may link to third party resources or reference third party services. Those resources are provided for convenience and do not imply endorsement. The Company does not control and is not responsible for the content, terms, privacy practices or availability of any third party service.
Where an engagement requires the use of a third party software platform, cloud service or communications tool, the Client use of that tool is governed by the terms of the provider. The Company is not liable for a provider decision to change, suspend or discontinue a service that is outside the Company control.
24. Governing Law and Disputes
These terms and any dispute arising out of or in connection with them are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, subject to any right to enforce an award in another jurisdiction where assets are located.
Before commencing proceedings, the parties will attempt in good faith to resolve a dispute through senior level discussion within 30 days of written notice of the dispute. This requirement does not prevent either party from seeking urgent injunctive relief where necessary to protect its rights.
Where the parties have agreed an arbitration clause in a signed statement of work, that clause prevails over the jurisdiction clause in this section for the engagement it covers.
25. Changes to These Terms
The Company may update these terms from time to time to reflect changes in its services, its practices or the law. The effective date at the top of this page shows when the current version took effect. Material changes will be brought to your attention by a notice on the website or by direct communication where we hold your contact details.
Changes do not apply retroactively to an engagement already governed by a signed statement of work, unless the parties agree in writing. Continued use of the website after an update indicates that you have had the opportunity to review the revised terms.
26. Contact Information
Questions about these terms, requests relating to an engagement and legal notices should be sent to HONGKONG FUXINGFU INDUSTRIAL CO., LIMITED using the details below. Notices are effective when received at the address or email address stated here.
Company name: HONGKONG FUXINGFU INDUSTRIAL CO., LIMITED. Address: Rm B 22/F ARTHUR COML BLDG, 33 ARTHUR ST, Yau Ma Tei, Hong Kong (HK). Email: admin@chammo.buzz. Telephone: +18509654532. Business hours are Monday to Friday from 9:00 to 18:00 and Saturday from 10:00 to 14:00, excluding public holidays.