Terms of Service

This website is operated by Modern Agriculture Products ("ModernAg," "we," "us," or "our") for business-to-business (B2B) communication purposes. By accessing or using this site, you agree to comply with these Terms of Service.

Content Ownership: All content on this website--including text, images, product specifications, technical drawings, logos, and design elements--is the property of Modern Agriculture Products or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Permitted Use: You may view, download, and print content for internal business evaluation purposes only. Any commercial use, reproduction, distribution, modification, or public display of content without our prior written consent is strictly prohibited.

Prohibited Activities: You may not use this website to: (a) transmit harmful code or malware; (b) attempt unauthorized access to our systems; (c) scrape or extract data via automated means; (d) misrepresent your affiliation with any entity; or (e) violate any applicable laws or regulations.

Non-Binding Nature: All inquiries submitted through this website and any quotations provided by us are for informational purposes only and do not constitute a binding offer or contract. Product availability, specifications, pricing, and lead times are subject to change without notice.

Quotation Validity: Unless otherwise stated in writing, quotations are valid for 30 days from the date of issue. Pricing is subject to confirmation at the time of order placement and may be adjusted based on material costs, currency fluctuations, order volume, or customization requirements.

Final Agreement: No contractual obligation exists until both parties execute a formal Sales Contract, Purchase Order (PO), or Proforma Invoice (PI). The terms specified in such final documentation shall supersede any prior communications, including quotations and email exchanges.

Right to Decline: We reserve the right to accept or decline any inquiry or order at our sole discretion, including based on order size, customization feasibility, credit assessment, or operational capacity.

Design Confirmation: For custom or modified products, production will commence only after you have reviewed and approved technical drawings, physical samples, or prototypes in writing. Any design changes requested after approval may result in additional costs and extended lead times.

Tooling & Molds: Where custom tooling or molds are required, the following applies unless otherwise agreed in writing:

• Tooling costs are non-refundable and must be paid before production begins
• Ownership of molds and tooling remains with Modern Agriculture Products unless a separate tooling ownership agreement is executed
• Tooling amortization may be structured over multiple production runs as mutually agreed
• Minimum order quantities (MOQs) apply to custom tooling projects

Specification Tolerance: Minor variations in color, dimensions, weight, and material properties are inherent to manufacturing processes. Standard industry tolerances apply unless tighter specifications are documented and agreed in the purchase contract.

Payment Terms: Payment terms (e.g., deposit requirements, balance payment, credit terms) will be specified in the Proforma Invoice or Sales Contract. Standard terms for new customers typically require 30-50% deposit before production and balance payment before shipment.

Delivery & Lead Time: Estimated delivery dates are provided in good faith but are not guaranteed. Lead times are subject to production capacity, material availability, shipping schedules, and customs clearance. We are not liable for delays caused by factors beyond our reasonable control.

Shipping & Risk Transfer: Unless otherwise agreed, shipments are made on an Ex Works (EXW) or FOB basis (Incoterms® 2020). Risk of loss or damage transfers to the buyer upon delivery to the carrier. Shipping costs, insurance, customs duties, and import taxes are the buyer's responsibility unless explicitly included in the quotation.

Inspection Upon Receipt: Buyers are responsible for inspecting goods upon receipt and must report any shortage, damage, or non-conformity within 7 days of delivery. Claims reported after this period may not be accepted.

Quality Standards: We are committed to delivering products that meet agreed specifications. However, minor cosmetic imperfections that do not affect functionality are not considered defects.

Claims Procedure: To file a quality claim, you must:

• Notify us in writing within 7 days of delivery
• Provide photographic or video evidence of the alleged defect
• Retain the affected products in their original condition for inspection
• Provide batch/lot numbers and packing list references

Remedies: If a claim is validated, our sole obligation shall be, at our discretion: (a) replacement of defective products; (b) credit for the defective portion; or (c) refund of the purchase price paid for the defective products. We are not responsible for consequential damages, including but not limited to lost profits, production delays, or crop losses.

Dispute Resolution: Any disputes arising from these Terms or any transaction shall first be addressed through good-faith negotiation. If unresolved, disputes shall be settled through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC), with proceedings conducted in English.

Disclaimer of Warranties: Except as expressly stated in a written Sales Contract, all products and services are provided "as is" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Liability Cap: To the maximum extent permitted by law, our total liability for any claim arising from a transaction shall not exceed the purchase price paid for the specific products giving rise to the claim.

Exclusion of Consequential Damages: In no event shall Modern Agriculture Products be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, whether based on contract, tort, negligence, strict liability, or otherwise.

Buyer's Responsibility: Buyers are responsible for ensuring that products are suitable for their intended application, comply with local regulations, and are used in accordance with industry best practices.

Neither party shall be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, material shortages, transportation disruptions, pandemics, or failure of suppliers or subcontractors.

If a force majeure event continues for more than 60 days, either party may terminate the affected order without liability, except for payment obligations for goods already produced or shipped.

Applicable Law: These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Jurisdiction: Subject to the arbitration clause in Section 5, the parties submit to the exclusive jurisdiction of the courts of [Your Jurisdiction] for any legal proceedings.

Language: The English language version of these Terms shall prevail in the event of any conflict with translations.

Right to Modify: We reserve the right to update these Terms of Service at any time. Changes will be effective upon posting to this website. Continued use of the website after changes constitutes acceptance of the revised terms.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with any executed Sales Contract or Purchase Order, constitute the entire agreement between the parties and supersede all prior communications, representations, or agreements, whether oral or written.