Legal Framework
Terms of Service
Governing cooperation between Shenzhen Bingos Technology Co., Ltd. and partners
Last Updated: January 2024
01
Scope of Cooperation
These Terms of Service ("Terms") apply to all OEM/ODM manufacturing services provided by Shenzhen Bingos Technology Co., Ltd. ("Bingos Tech", "we", "us") to business partners ("Client", "you") for disposable vapes, pod systems, and pod products, including the BingoFruit brand series.
By placing an order or engaging in customization services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. These Terms constitute the entire agreement between parties unless superseded by a separately executed written contract.
Applicable to: International distributors, wholesalers, and brand partners seeking manufacturing solutions.
02
Order Rules
Minimum Order Quantity (MOQ)
- • Standard products: MOQ varies by product line (typically 1,000-10,000 units). Contact sales for specific SKU requirements.
- • Customized products: MOQ subject to tooling complexity and customization scope. Minimum 5,000 units for full ODM projects.
- • BingoFruit series: Flexible MOQ available for existing flavor profiles; custom flavors require higher volume commitment.
Payment Terms
- • Standard payment structure: 30% deposit upon order confirmation, 70% balance before shipment.
- • Accepted payment methods: T/T (Wire Transfer), L/C (Letter of Credit for qualified partners).
- • Customization projects: Additional upfront payment for tooling/molds and sampling fees (see Section 3).
- • Payment currency: USD or CNY as agreed in quotation.
Lead Time & Delivery
- • Standard products: 15-25 working days from deposit receipt (subject to order volume and stock availability).
- • Customized products: 30-45 working days including tooling, sampling approval, and mass production.
- • Shipping: FOB Shenzhen/Guangzhou by default. CIF/DDP terms available upon request with adjusted pricing.
- • Force majeure: Delays caused by natural disasters, pandemics, or government restrictions shall not constitute breach of contract.
03
Customization Terms
Sampling & Prototyping Fees
- • Initial samples: USD 200-500 per design (refundable upon mass production order confirmation).
- • Sampling lead time: 7-10 working days for standard modifications; 15-20 days for complex ODM designs.
- • Revisions: Up to 2 rounds of sample revisions included; additional revisions subject to extra fees.
- • Sample approval: Client must provide written approval before mass production commences. Changes post-approval may incur additional costs and delays.
Tooling & Mold Ownership
- • Tooling fees: USD 1,000-5,000 depending on design complexity (one-time fee, non-refundable).
- • Mold ownership: Unless otherwise agreed in writing, molds remain property of Bingos Tech. Client holds exclusive usage rights for the contracted product design.
- • Mold transfer: Client may purchase full mold ownership at additional cost (typically 150%-200% of original tooling fee) upon request.
- • Mold lifespan: Standard molds guaranteed for 50,000-100,000 shots. Maintenance and replacement costs borne by Bingos Tech during warranty period.
Design & IP Protection
- • Client-provided designs: Client warrants ownership of all submitted designs and indemnifies Bingos Tech against third-party IP claims.
- • Bingos Tech designs: Custom designs created by our team remain our IP unless full rights transfer is negotiated and paid for separately.
- • Confidentiality: Both parties agree to maintain confidentiality of proprietary information, designs, and business terms.
04
Quality Assurance & After-Sales
Inspection & Quality Control
- • Factory inspection: 100% inspection conducted before shipment covering appearance, functionality, battery performance, and leakage tests.
- • Third-party inspection: Client may arrange independent QC inspection at own cost. Bingos Tech will cooperate and provide access to production facilities.
- • Acceptable Quality Level (AQL): Standard AQL 2.5 for major defects, AQL 4.0 for minor defects. Custom AQL standards negotiable for premium orders.
- • Certifications: All products certified with CE and RoHS. Additional certifications (e.g., TPD, FDA) available upon request with associated costs.
Warranty & Defect Policy
- • Warranty period: 6 months from shipment date for manufacturing defects (excluding misuse, damage, or improper storage).
- • Defect rate threshold: Defects exceeding 2% of order quantity qualify for warranty claim. Client must provide photographic/video evidence and return samples for analysis.
- • Remedy options: At Bingos Tech's discretion: (a) replacement units in next shipment, (b) credit toward future orders, or (c) pro-rata refund.
- • Claim procedure: Client must notify within 15 days of discovery. Late claims may not be honored.
After-Sales Support
- • Technical support: Dedicated account manager assigned to each client for ongoing communication and troubleshooting.
- • Documentation: User manuals, safety instructions, and certification documents provided in English (other languages upon request).
- • Spare parts: Common replacement parts available for purchase to support client's local after-sales operations.
05
Liability & Dispute Resolution
Breach of Contract
- • Client default: Failure to pay deposit or balance on time results in order suspension. Orders unpaid for 30+ days may be canceled with forfeiture of deposit.
- • Bingos Tech default: Delays exceeding 15 days beyond agreed delivery (excluding force majeure) entitle Client to 0.5% daily penalty on order value, capped at 5% total.
- • Order cancellation: Client may cancel orders before production start with 10% cancellation fee. Post-production cancellations subject to full payment obligation.
Limitation of Liability
- • Maximum liability: Bingos Tech's total liability for any claim shall not exceed the order value paid by Client.
- • Excluded damages: Neither party liable for indirect, consequential, or punitive damages including lost profits, business interruption, or reputational harm.
- • Client responsibility: Client assumes all liability for regulatory compliance, marketing claims, and end-user safety in their target markets.
Dispute Resolution
- • Negotiation: Parties agree to first attempt good-faith negotiation to resolve disputes within 30 days of written notice.
- • Arbitration: Unresolved disputes shall be submitted to arbitration under CIETAC (China International Economic and Trade Arbitration Commission) rules in Shenzhen, China.
- • Governing law: These Terms governed by the laws of the People's Republic of China, excluding conflict of law provisions.
- • Language: English version of these Terms shall prevail in case of discrepancies with translations.
Important Notice
By proceeding with any order or service request, you acknowledge full acceptance of these Terms of Service. Bingos Tech reserves the right to update these Terms at any time; material changes will be communicated to active clients via email.
For clarifications, custom contract negotiations, or to discuss specific project requirements, please contact our Business Development team:
Shenzhen Bingos Technology Co., Ltd.
Est. 2013