DOCUMENTATION

Terms and Documentation

Payment Terms:
‍Payment should be made to:
Absolute Haitian Corporation
33 Southgate Street
Worcester, MA U.S.A. 01610-1720
Tel: 508-459-5372, Fax: 508-439-5368

For Wire Transfer or ACH Transfer information please contact Absolute Haitian at 508-459-5372.

Standard Terms

Standard Terms and Conditions​

​The following Terms and Conditions (“Terms”) are applicable to all sales made by Absolute Haitian Corporation, 33 Southgate Street, Worcester, MA 01610-1720 (“AHC”), and the acceptance of any order is expressly conditioned upon Buyer’s consent to these Terms. The Terms contained herein, and any other terms and conditions stated in any proposal or quotation of AHC regarding the particular sale shall constitute the complete agreement between AHC and Buyer and shall supersede all prior understandings, transactions and communications, whether oral or written, with respect to the matters referred to herein, and shall form the complete contract between AHC and Buyer (the “Contract”). The Contract shall be binding upon delivery of written acknowledgement of acceptance of the order by AHC.​

NO INTERLINEATION, DELETION, OR OTHER MODIFICATION OF THESE TERMS AND CONDITIONS OF SALE, AND NO ADDITIONAL TERMS OR CONDITIONS SET FORTH IN BUYER’S ORDER FORM OR IN ANY OTHER DOCUMENT EXECUTED AND/OR DELIVERED BY THE CUSTOMER TO AHC, SHALL BE BINDING UPON AHC UNLESS SPECIFICALLY SET FORTH IN A WRITING SIGNED BY A DULY AUTHORIZED OFFICER OF AHC AND THE CUSTOMER.

All sales are subject to written Sales Confirmation by AHC. No Contract shall arise until a written acknowledgment with an authorized signature from the Seller accepting the Buyer's order is sent by AHC to the Buyer. Receipt by Buyer of AHC’s acknowledgment and acceptance of an order without prompt (within 48 hours) written objection thereto shall constitute acceptance by Buyer of these Terms and Conditions and the terms and conditions of the quotation or proposal of AHC.​

1. Price: Price in the quotation includes only the cost of machine(s) and a standard freight allowance. Freight and special handling costs above the allowance are the responsibility of the buyer. See the specific quote for the detailed description of the freight allowance. A UCC1 must be on file before the machine can be unloaded from the container(s). State sales tax will be added to each order upon invoicing unless a signed sales tax exemption certificate has been received by AHC. Unless specifically stated otherwise, any additional costs are the responsibility of the customer.

2. Payment of Purchase Price: The Buyer shall pay AHC the total payment amount for the equipment at 33 Southgate Street, Worcester, MA 01610-1720, as stated in the quotation, the proposal, or in the acknowledgement and acceptance with regards to the sale of the machinery (“Equipment”), as follows:

2.1 For Equipment less than 1000 U.S. Tons:

• An amount equal to thirty percent (30%) of the total machine/s price (“Purchase Price”) to AHC shall be due upon acknowledgment and acceptance of the order.
• An additional fifty percent (50%) shall be paid in collected funds before the equipment is shipped from the manufacturer.
• The remaining balance shall be paid to AHC not later than thirty (30) days from the date of delivery of the Equipment.

2.2 For Equipment 1000 U.S. Tons or greater:

• An amount equal to twenty percent (20%) of the total machine/s price shall be due upon order acknowledgment and acceptance.
• An additional sixty percent (60%) must be paid before the equipment is shipped.
• The balance is due within thirty (30) days from delivery.

2.3 Additional Payment Terms: The terms of payment provided do not include credit terms and apply even if the Buyer requests delivery delays. Buyer shall pay interest on unpaid amounts at eighteen percent (18%) per annum. Buyer grants AHC a purchase money security interest in the equipment until full payment is received. A UCC-1 must be executed before unloading, and AHC may file necessary documents to perfect its security interest.

3. Cancellation: If the Buyer cancels before shipment, they must pay 80% of the order value. If cancelled after shipment, 100% is owed. AHC will attempt resale and deduct proceeds and costs from the Buyer’s balance. AHC may terminate the contract for default, bankruptcy, or other listed reasons. Buyer remains responsible for all charges incurred and agrees to pay any associated legal and recovery costs.

4. Customs Duties, Rates of Exchange, and Ocean Freight: All prices are based on current rates and are subject to revision at the time of invoicing.

5. Price Changes: Quotations are valid for thirty (30) days from the proposal date. Optional feature pricing applies only if ordered with the machine.

6. Shipping Charges and Related Charges: The quote includes ocean shipping and applicable duties to the North American port. All taxes or fees on ownership or installation are Buyer’s responsibility.

7. Currency: All dollar amounts are in United States currency unless otherwise stated.

8. Installation/Training/Start-Up/Initial Service: Buyer must prepare the site at their expense, including power, rigging, and required fittings. AHC will supervise installation and training for a specific number of days based on machine tonnage. Extra services beyond included days are billed at $1,000/day, with $250/hour for overtime, plus travel and living expenses. These charges are payable within thirty (30) days of invoicing.

9. Maintenance and Repairs: Warranty work must be performed by AHC or approved contractors. Unauthorized repairs void the warranty.

10. Delivery: Unless agreed otherwise, delivery is to the closest port, FOB: Named Port. AHC will use diligence to meet schedules but is not liable for delays. Buyer is responsible for rigging and drayage. If delivery is refused, it will be deemed accepted, and Buyer is responsible for payment and any storage expenses.

11. Delivery Time: Delivery times are estimates only and are not guaranteed. Unless special instructions are received in advance, AHC will select shipping method and routing.

12. Loss and Damage: AHC bears risk of loss until delivery. After delivery, Buyer assumes responsibility. Loss or damage does not relieve Buyer of payment obligations.

13. Title: Title remains with AHC until full payment is received. Buyer must insure the equipment and may not encumber it without AHC's written consent.

14. Personal Property: Equipment remains personal property until paid in full. If delivered to a leased location, Buyer must provide landlord information, and AHC may require landlord confirmation to secure its interest.

15. Location and Inspection: Buyer must keep equipment at the agreed location and not move it without AHC's consent. AHC may inspect the equipment upon request.

16. Software License: Control programs supplied with equipment are the property of Ningbo Haitian Group, Ltd. Buyer may only use them within the equipment. Unauthorized use or duplication terminates the license and may result in legal action.

17. Assignments: Buyer may not assign rights without AHC’s written consent. AHC may assign its rights without consent.

18. Net Purchase Price: Buyer shall pay or reimburse AHC for all applicable taxes, fees, and registration costs except AHC’s income tax.

19. Credit Investigation: Buyer consents to AHC conducting a credit check.

20. Limited Warranty:

• 12-Month Service Labor Warranty: Covers service labor for defective part repair or replacement.
• 24-Month Mechanical Component Warranty: Covers controller, drives, motors, and related components.
• 60-Month Major Mechanical Component Warranty: Covers base, platens, tie bars, and clamp linkage.Warranty parts must be returned within 30 days or will be invoiced. Unauthorized repairs void coverage. Warranty excludes wear items, damage from extreme materials or conditions, acts of God, and any relocation not supervised by AHC.

21. No Other Warranty: AHC disclaims all other warranties, including implied warranties of merchantability and fitness for a particular purpose. AHC is not responsible for indirect or consequential damages.

22. Limitations of Remedies and Liabilities: Buyer’s sole remedy is repair or replacement of defective equipment or software. All legal proceedings must occur in Massachusetts.

23. Indemnity: Buyer shall indemnify AHC against all claims arising from use, delivery, or possession of the equipment.

24. Designs: Specifications may change without notice. Stated dimensions and capacities are approximate unless certified prints are requested.

25. Robotic Systems: AHC is not responsible for robotic systems unless specifically agreed. Buyer is responsible for integration, safety compliance, and will act as system integrator. Buyer indemnifies AHC for any related claims.

26. Intellectual Property Rights: All intellectual property remains with AHC or Ningbo. Buyer may not modify, copy, or use it beyond the permitted scope.

27. Safety Devices: Safety devices are tested prior to shipment. AHC is not responsible for misuse, poor maintenance, or unsafe conditions.

28. Rules, Regulations: Buyer is responsible for OSHA compliance and indemnifies AHC for any violations.

29. Limitations on Liability: AHC is not liable for delays or performance failures due to causes beyond its control, including governmental actions, labor issues, or material shortages.

30. Collection Expenses: Buyer is responsible for all AHC’s expenses related to collection, legal action, or repossession.

31. Resale of Equipment: If AHC repossesses the equipment, it may resell it. Buyer remains liable for any unpaid balance after resale.

32. No Waiver: AHC’s failure to enforce any provision does not waive its rights. Any waiver must be in writing and signed by a Corporate Officer.

33. Force Majeure: AHC is not liable for nonperformance due to war, natural disasters, pandemics, or other uncontrollable events.

34. Instruction Language: Manuals and labels are in English. Buyer is responsible for any required translations.

35. Applicable Law: These Terms are governed by Massachusetts law. Legal action must be brought in Worcester County. The UN Convention on Contracts for the International Sale of Goods does not apply.

36. Buyer’s Waiver: Buyer waives statutory protections that conflict with AHC’s rights and assigns any exemptions to AHC.

37. Binding Effect: These Terms bind both parties and their successors or legal representatives.

38. Interpretation: Singular includes plural, masculine includes feminine, and all buyers are jointly liable.

39. Notices: Notices must be in writing and delivered personally or by registered mail. Addresses are stated in the order or quote.

40. Severability: If any term is invalid, the remainder remains in effect. Parties agree to amend invalid terms if possible.

41. Further Assurances: Buyer agrees to execute any documents required to give effect to these Terms, including financing statements.

42. Choice of Language: The parties agree that these Terms are written in English.

43. Final Acceptance: All orders are subject to final acceptance by written sales confirmation from AHC. No contract is valid until acknowledged and accepted in writing.

44. Headings: Headings are for convenience only and do not define the content of each section.