Terms & Conditions

Terms and Conditions

Last Updated: March 12, 2025

1. Introduction

These Terms and Conditions (“Terms”) govern your purchase and use of products and services offered by iCashewTech, a brand of Ngyustry International Co. Ltd. (“Company”, “we”, “us”, or “our”). By placing an order with us or using our website, you accept these Terms in full. If you disagree with these Terms or any part of them, you must not place orders with us.

2. Definitions

  • “Equipment” refers to cashew processing machinery and related products sold by the Company.
  • “Customer”, “you”, or “your” refers to the individual or entity purchasing Equipment from the Company.
  • “Order” refers to a request to purchase Equipment submitted by the Customer.
  • “Quotation” refers to the formal document outlining prices, specifications, and terms provided by the Company.
  • “Contract” refers to the agreement formed upon acceptance of an Order by the Company.

3. Orders and Acceptance

3.1. All Orders are subject to acceptance by the Company.

3.2. Orders become binding only when confirmed in writing by the Company through an Order Confirmation.

3.3. Quotations are valid for 30 days from the date of issue unless otherwise specified.

3.4. Technical specifications, dimensions, and performance data in our catalogs and website are approximate and subject to change without notice.

3.5. Custom specifications requested by the Customer must be documented in writing and acknowledged by the Company.

4. Prices and Payment

4.1. Prices are as stated in the Quotation and Order Confirmation.

4.2. Unless otherwise specified, prices are Ex Works (EXW) our factory in Vietnam.

4.3. Prices do not include shipping, insurance, import duties, taxes, or installation unless explicitly stated.

4.4. Payment terms are as follows:

  • 40% deposit upon order confirmation
  • 60% before shipment

4.5. All payments shall be made to Ngyustry International Co. Ltd. via bank transfer to the account specified on the invoice.

4.6. The Company reserves the right to charge interest on late payments at a rate of 2% per month.

5. Delivery and Risk

5.1. Delivery dates are estimates only and not guaranteed.

5.2. Risk of loss or damage passes to the Customer when the Equipment leaves our factory (EXW).

5.3. The Company is not liable for delays in delivery due to circumstances beyond our reasonable control.

5.4. The Customer must inspect Equipment upon receipt and report any damage or discrepancies within 48 hours.

5.5. If the Customer fails to take delivery, the Company may charge storage fees and/or consider the Contract breached.

6. Title and Ownership

6.1. Title to the Equipment remains with the Company until payment is received in full.

6.2. Until title passes, the Customer shall:

  • Store the Equipment separately and identifiably as Company property
  • Not remove, deface, or obscure any identifying marks
  • Maintain the Equipment in satisfactory condition
  • Not sell, pledge, or encumber the Equipment

7. Warranty

7.1. The Company warrants that the Equipment will be free from defects in materials and workmanship for a period of 1 year from the date of purchase.

7.2. The warranty is subject to proper installation, operation, and maintenance as specified in the documentation.

7.3. This warranty does not cover:

  • Normal wear and tear of consumable parts
  • Damage resulting from improper use or maintenance
  • Unauthorized modifications or repairs
  • Damage from environmental factors or accidents
  • Improper installation by the Customer

7.4. The Company’s liability under this warranty is limited to repair or replacement of defective parts at our discretion.

8. Returns and Cancellations

8.1. Due to the specialized nature of our Equipment, physical returns are not accepted once shipped.

8.2. Order cancellations after acceptance are subject to cancellation fees based on production progress.

8.3. Cancellation fees may range from 10% to 100% of the order value depending on manufacturing stage.

9. Intellectual Property

9.1. All intellectual property rights in the Equipment, including patents, designs, trademarks, and copyrights, remain the exclusive property of the Company.

9.2. The Customer shall not reverse engineer, disassemble, or decompile the Equipment.

9.3. Technical documentation provided may only be used for operation and maintenance of the Equipment.

10. Limitation of Liability

10.1. The Company’s total liability shall not exceed the purchase price of the Equipment.

10.2. The Company shall not be liable for any indirect, consequential, or special damages, including lost profits or production.

10.3. The Company shall not be liable for any technical advice or recommendations not confirmed in writing.

11. Force Majeure

11.1. The Company shall not be liable for failure to perform due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters
  • Pandemics or epidemics
  • War, terrorism, or civil unrest
  • Government actions or restrictions
  • Labor disputes or shortages
  • Material or transportation shortages

12. Export Control

12.1. The Customer shall comply with all applicable export control laws and regulations.

12.2. The Customer is responsible for obtaining any necessary import licenses or permits.

13. Confidentiality

13.1. Both parties shall maintain confidentiality of proprietary information exchanged during the transaction.

13.2. This obligation survives termination of the Contract.

14. Dispute Resolution

14.1. Any disputes shall be resolved through good faith negotiations.

14.2. If negotiations fail, disputes shall be submitted to arbitration in Ho Chi Minh City, Vietnam, under the rules of the Vietnam International Arbitration Centre.

14.3. The language of arbitration shall be English.

15. Governing Law

15.1. These Terms and any Contract shall be governed by and construed in accordance with the laws of Vietnam.

16. Severability

16.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect.

17. Entire Agreement

17.1. These Terms, together with the Order Confirmation, constitute the entire agreement between the parties regarding the purchase of Equipment.

17.2. These Terms supersede all prior agreements, representations, and understandings.

18. Amendments

18.1. The Company reserves the right to amend these Terms at any time.

18.2. Amendments will not apply retroactively to Orders already confirmed.

19. Contact Information

For questions regarding these Terms, please contact:

Email: sales@cashew-tecnology.com
Phone: +84 39 733 2005
Address: 39 Đường N8, KDC Jamona City Đào Trí, Phường Phú Thuận, Quận 7, Ho Chi Minh City, VIETNAM

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