1. Acceptance of These Terms
These Terms of Service govern your use of the website located at yixuanrain.lat and the engineering, integration and support services provided by Shaanxi Yixuanyuxin Trade Co., Ltd., referred to in this document as the Company. By accessing the website, by submitting an enquiry, or by engaging the Company for any service, you agree to be bound by these terms. If you do not agree, you must not use the website or the services.
Where a signed contract, a purchase order accepted in writing, or a separate service agreement exists between you and the Company, the terms of that document take precedence over these terms to the extent of any conflict. These terms fill the gaps and describe the baseline that applies to every engagement.
You represent that you have the legal capacity to enter into this agreement and that any organisation you act for has authorised you to do so.
2. Definitions
In these terms, the Company means Shaanxi Yixuanyuxin Trade Co., Ltd. Client means the person or organisation that engages the Company or uses the website. Services means the engineering, monitoring, telemetry, energy recovery, maintenance scheduling, SCADA and related work described on the website or agreed in writing. Deliverables means the drawings, panels, software, dashboards, documentation and other items the Company supplies under an engagement.
Website means the pages served at yixuanrain.lat and any subdomains. Content means text, images, code, graphics and other material published on the website. Specification means the agreed written description of what the Company will supply. Business day means a day other than a Saturday, Sunday or public holiday at the Company place of business.
References to writing include email and other durable electronic records, and references to a party include that party successors and permitted assigns.
3. Eligibility and Authority
The website and services are intended for businesses and professional users. By using them you confirm that you are at least the age of legal majority in your jurisdiction and that you are not barred from receiving the services under any applicable law.
If you use the website on behalf of a company or another legal entity, you confirm that you have authority to bind that entity to these terms. If your authority is limited, you must not submit orders or accept quotations on behalf of the entity.
The Company may refuse service, close accounts or decline an order where it has reasonable grounds to believe that the user lacks authority, presents a security risk, or intends to use the services for an unlawful purpose.
4. Scope of Services
The Company provides computer integrated systems design and related services for industrial plants. The current service catalogue includes compressed air monitoring retrofits, PLC control panel builds, flow and pressure telemetry, energy recovery integrations, maintenance scheduling systems and SCADA dashboards and alarms. The detail of any engagement is set out in a written specification agreed by both parties.
Services are delivered by qualified engineers and technicians. The Company may engage subcontractors or suppliers where doing so is necessary or efficient, and remains responsible for the quality of the work it delivers. Where a service depends on third party equipment or software, the terms of the relevant supplier may also apply.
Unless a specification expressly states otherwise, the Company does not supply process equipment, structural work, civil works, electrical distribution beyond the control panels it builds, or ongoing operation of the client plant. Any change to the agreed scope is handled through a written change request.
5. Quotations and Orders
Quotations issued by the Company are valid for the period stated in the quotation, or for thirty days from the date of issue if no period is stated. A quotation is an invitation to order and does not itself create a binding contract. A contract is formed when the Company accepts an order in writing or begins work with the client written agreement.
Prices in a quotation may be based on information provided by the client about site conditions, equipment and scope. If that information proves to be inaccurate or incomplete, the Company may adjust prices or timelines and will explain the reason for any adjustment.
The client is responsible for ensuring that the order it places is complete and accurate. Once an order is accepted, cancellation may attract charges for work already performed, materials already committed and time already reserved.
6. Site Access and Cooperation
The client must provide safe and timely access to the site, the equipment and the relevant personnel throughout an engagement. Access includes the ability to reach the compressor hall, the control room and any plant area named in the specification, and to work during the windows agreed for installation and commissioning.
The client must inform the Company of any known hazards, restricted areas, permit requirements or production constraints that affect the work. The Company will plan its work around those constraints, but it relies on the client to disclose them in good faith.
Delays caused by restricted access, missing permits, unavailable plant or incomplete client works may lead to revised timelines and additional charges. The Company will notify the client as soon as it becomes aware of such a delay.
7. Client Responsibilities
The client is responsible for the accuracy of the information it supplies, for the condition of its own plant and for the suitability of its site for the work described in the specification. The client must ensure that any equipment it supplies is fit for purpose and properly installed before the Company begins the work that depends on it.
The client must maintain the systems delivered by the Company in accordance with the documentation and must not modify any panel, program or safety interlock without written agreement, because unmanaged changes can create serious risk to people and plant. The client must report any defect or alarm condition to the Company promptly.
The client is responsible for backing up any data that it holds separately, for managing access to its own networks, and for complying with the laws that apply to its business. The Company is not responsible for consequences that arise from a failure of these client duties.
8. Fees and Payment
Fees are set out in the quotation or the agreed contract. Unless otherwise stated, invoices are payable within thirty days of the date of the invoice. The Company may request a deposit, milestone payments or payment against delivery for larger engagements, and those arrangements will be recorded in writing.
Where a project runs for an extended period, the Company may invoice at agreed milestones, for example on completion of design, on completion of panel build, on delivery to site, and on commissioning. The client must pay each invoice in accordance with its terms.
Late payment may attract interest at the rate permitted by law and may lead to suspension of work. The client is responsible for any bank charges, taxes, duties or withholdings that apply to payments, except for taxes on the Company own income.
9. Delivery and Timelines
Delivery dates are estimates unless expressly agreed as fixed in writing. The Company will use reasonable efforts to meet the agreed schedule, and will notify the client promptly of any circumstance that is likely to affect it.
Where delivery depends on the client meeting its own obligations, for example supplying access, approvals or site readiness, the schedule extends by the length of the delay. Time spent waiting on site through no fault of the Company may be chargeable.
Risk in physical deliverables passes to the client on delivery to the agreed location. Risk in software and documentation passes when the material is made available to the client. Ownership passes according to the payment terms and the intellectual property provisions below.
10. Acceptance and Testing
Deliverables are subject to the acceptance procedure set out in the specification or, if none is stated, to a reasonable testing procedure agreed by the parties. The Company will demonstrate that each deliverable meets the specification and will record the results in a commissioning or acceptance report.
The client must review each deliverable within a reasonable time and notify the Company of any material non conformance. If the client does not respond within the agreed review period, the deliverable is treated as accepted. If the client identifies a genuine defect, the Company will correct it and repeat the relevant tests.
Acceptance does not limit the warranty that applies to the deliverables, and it does not relieve the client of its responsibility to operate the plant within the documented limits.
11. Warranty
The Company warrants that its services are performed with reasonable skill and care by competent personnel, that panels and hardware it builds will be free from defects in workmanship for the warranty period stated in the contract, and that deliverables will materially conform to the agreed specification.
Where no warranty period is stated, a period of twelve months from acceptance applies, or such other period as the law requires. The warranty does not cover damage caused by misuse, unauthorised modification, inadequate maintenance, environmental conditions outside the documented limits, or normal wear and tear.
The Company obligation under this warranty is, at its option, to repair, replace or re perform the defective item. This remedy is provided in place of other remedies to the extent permitted by law, and the Company is not liable for losses that the warranty is designed to prevent through the provision of the remedy.
12. Intellectual Property
The Company retains ownership of its pre existing tools, libraries, templates, methods and know how, and grants the client a licence to use those elements to the extent they are embedded in the deliverables and needed to operate them. The client receives ownership of the client specific drawings, documentation and configuration created for the engagement, on full payment of the relevant fees.
Software licences from third parties remain subject to the terms of those third parties. The client must not remove proprietary notices or use the deliverables to build a competing product without written agreement.
The website content, including its text, graphics, code and the compressor house design elements, is owned by the Company or its licensor and is protected by applicable intellectual property law. You may view and print pages for your own reference, but you may not republish, sell or redistribute the content without permission.
13. Confidentiality
Each party may receive confidential information from the other in the course of an engagement. Each party agrees to keep that information confidential, to use it only for the purposes of the engagement, and to disclose it only to personnel and advisers who need it and who are bound by confidentiality obligations.
Confidential information does not include information that is already public, that becomes public through no fault of the receiving party, that was lawfully known before disclosure, or that is independently developed without reference to the disclosed information. Where disclosure is required by law, the receiving party will give notice where it lawfully can.
These obligations survive the end of the engagement and continue for the period stated in the contract or, if none is stated, for a reasonable period that protects the interests of both parties.
14. Data Protection
Each party will comply with the data protection laws that apply to it. Where the Company processes personal data on behalf of the client, the Company acts as a processor and the client as a controller, and the processing is governed by the written agreement between the parties and by our Privacy Policy.
The Company will implement appropriate technical and organisational measures to protect personal data, will assist the client with data subject requests where reasonably required, and will notify the client of any personal data breach that affects the client data without undue delay.
The client is responsible for the lawfulness of the personal data it provides and for ensuring that it has a valid basis for sharing that data with the Company.
15. Health and Safety
The Company takes health and safety seriously and expects the same from every client. The client must provide a safe working environment, disclose known hazards, and comply with the safety rules that apply to the site. The Company will comply with site rules, use appropriate protective equipment and follow safe working practices.
Works on pressurized systems, electrical panels and rotating machinery carry inherent risk. The Company will isolate and lock off equipment where required, and will not energise or pressurise a system until the appropriate checks are complete. The client must not interfere with isolation or safety measures.
If a condition on site presents an immediate danger, the Company may stop work and notify the client. Work resumes only when the condition has been corrected and it is safe to proceed.
16. Limitation of Liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
Subject to that, the Company is not liable for indirect or consequential loss, for loss of profit, loss of production, loss of revenue, loss of data or loss of business opportunity, whether arising in contract, tort or otherwise. The Company total liability arising from an engagement is limited to the fees paid by the client for the services giving rise to the claim.
The Company is not liable for loss caused by the client failure to meet its responsibilities, by the client alteration of a delivered system, or by events beyond the reasonable control of the Company.
17. Indemnity
The client agrees to indemnify the Company against claims, losses and costs arising from the client breach of these terms, from inaccurate information supplied by the client, from the client unlawful use of the deliverables, or from the client failure to obtain a necessary permission or consent.
The Company agrees to indemnify the client against claims that the Company deliverables, used in accordance with the specification, infringe the intellectual property rights of a third party, provided that the client notifies the Company promptly and allows the Company to control the defence and any settlement.
This indemnity does not apply where the claim arises from a modification made by the client, from the combination of the deliverables with items not supplied by the Company, or from use outside the documented scope.
18. Suspension and Termination
The Company may suspend work if an invoice remains unpaid beyond its due date, if the client fails to provide safe access, or if continuing the work would create a risk to health, safety or the environment. Work resumes when the cause of suspension is resolved and any reasonable costs are met.
Either party may terminate an engagement for material breach that is not remedied within a reasonable period after written notice, or immediately if the other party becomes insolvent or unable to perform. Termination does not affect rights that accrued before it, and the client must pay for work performed and commitments made up to the date of termination.
On termination the Company will hand over the work completed to date and any client property in its possession, subject to payment of outstanding sums.
19. Force Majeure
Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, severe weather, epidemic, war, civil unrest, government action, failure of utilities, or failure of a supplier that could not reasonably have been avoided.
The affected party must notify the other promptly and must use reasonable efforts to mitigate the effect. If the event continues for an extended period, either party may terminate the affected part of the engagement without liability for the portion that cannot be performed.
20. Governing Law and Disputes
These terms are governed by the laws of the People Republic of China, without regard to conflict of law rules, and the courts and competent authorities at the Company place of business have jurisdiction over any dispute, unless a contract states otherwise.
Before starting formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives. If discussion does not resolve the matter within a reasonable period, either party may refer the dispute to the agreed forum.
The parties will continue to perform their obligations during a dispute to the extent that performance is possible and does not prejudice either position.
21. Acceptable Use of the Website
You may use the website for lawful purposes connected with your business and the services of the Company. You must not attempt to gain unauthorised access to the website or its systems, interfere with its operation, introduce malicious code, scrape its content for competing purposes, or use it to send unlawful or misleading communications.
The website is provided on an as available basis. The Company does not warrant that it will be uninterrupted or error free, and it may modify, suspend or withdraw any part of the site at any time. The content is provided for general information and does not constitute engineering advice for a specific plant.
Any reliance you place on the website content is at your own risk, and you should contact the Company to discuss your specific requirements before making a technical or commercial decision.
22. Changes to These Terms
The Company may update these terms from time to time to reflect changes in its services, its practices or the law. The revised version takes effect when it is published on this page with an updated effective date, unless it states otherwise.
For engagements already under way, the version of these terms in force when the contract was formed continues to apply, unless the change is required by law or the parties agree otherwise in writing.
We encourage you to review this page periodically. If any change is material, we will draw attention to it on the website.
23. Contact Information
If you have questions about these Terms of Service or about an engagement with the Company, please contact us using the details below.
Shaanxi Yixuanyuxin Trade Co., Ltd.
No 111 Group 1, Beishe Village, Zhengyang Subdistrict,
Qinhan New City, Xixian New Area,
Xian - 710000, China (CN)
Email: post@yixuanrain.lat
Phone: +19457588836
Thank you for reading these terms. We look forward to working with you.