I. These terms of sale as may be revised and updated from time to time under section V below (“Terms of Sale”) shall apply to any and all orders for goods and/or services that the customer places with SML Group Limited or any of its parents, fellow subsidiaries and affiliates.
II. In the event that SML Group Limited or any of its parents, fellow subsidiaries and affiliates is solely or jointly liable to the customer in contract, tort or otherwise at all, neither SML Group Limited nor any of its parents, fellow subsidiaries and affiliates (as contracting party, sub-contractor, principal, agent or otherwise) shall be liable for any amount which exceeds the contract value of the order for goods and/or services.
III. In respect of the same order for goods and/or services from the customer, the value set in the aforesaid liability limitation clause which shall not be exceeded shall be the upper limit of the aggregate potential liability of SML Group Limited and all of its parents, fellow subsidiaries and affiliates.
IV. Neither SML Group Limited nor any of its parents, fellow subsidiaries and affiliates shall be liable for breach of contract, negligence, compensation or otherwise for any failure or delay in delivery of any goods and/or services for which an order is placed by the customer with it insofar as such failure or delay in delivery is as a result of or attributable to any event(s) which is/are beyond its reasonable control (“Force Majeure Event(s)”). Force Majeure Event shall include but not be limited to civil commotion, riot, invasion, war, threat or preparation for war, typhoon, hurricane, storm, tornado, flood, tsunami, threatened volcanic eruption, volcanic eruption, earthquake, subsidence, landslide, any other natural disaster, virus outbreak, epidemic, strike, trade sanction or embargo.
V. SML Group Limited hereby reserves its rights to revise and update via SML group’s website Terms of Sale from time to time without separate notice to any company or person who may be affected by them.
VI. Terms of Sale shall prevail over any and all inconsistent terms set out in or otherwise incorporated into any document drafted created published or issued by any company or person who is neither SML Group Limited nor any of its parents, subsidiaries and affiliates, whether or not such inconsistent terms with or without any legal or contractual effect purport to override them.
VII. Terms of Sale shall be an integral part of the terms of the contract applicable to each and every order for goods and/or services that the customer places with SML Group Limited or any of its parents, fellow subsidiaries or affiliates.
VIII. If there is any discrepancy between the Chinese text and the English text of Terms of Sale, the English version shall always prevail.