Terms of Service

1. Agreement to These Terms

These Terms of Service set out the basis on which you may use this website and on which FOREST GENERAL TRADING LIMITED provides general trading services. By browsing this website, sending an enquiry or placing an order, you accept these terms. If you do not accept them, please do not use the website and do not place an order through the desk.

If you are acting for a company, you confirm that you have authority to bind that company to these terms. Where a signed trading agreement exists between your company and FOREST GENERAL TRADING LIMITED, that agreement governs where it conflicts with these terms, and these terms fill any gap the agreement leaves.

We may update these terms from time to time. The version published on this page is the version in force, and the date at the top of the page tells you when it last changed.

2. Definitions

In these terms, the following words carry the following meanings. The Company means FOREST GENERAL TRADING LIMITED. The Client means the person or company that enquires about, orders or receives goods. The Buyer means the party responsible for payment. The Supplier means a factory or mill that produces goods for an order. The Goods means the hardware, packaging, machine consumables, seasonal items or other products described in a quotation or order.

Quotation means a written price and specification issued by the desk. Order means a request from a Client that the Company accepts. Sample means a first piece produced for approval. Hold means a decision to retain Goods at a factory pending a quality decision. Consolidation means the gathering of Goods from more than one factory for packing into a single container. Working day means a day on which banks in Hong Kong are open for ordinary business.

3. Our Services

The Company operates a general trading and sourcing service. We move hardware, packaging, machine consumables and seasonal goods between Hong Kong buyers and mainland factories. Our standing services are hardware and fasteners supply, packaging and cartons, machine consumables, seasonal goods sourcing, QC inspection holds and container consolidation. Each of these services is described in more detail on the services page of this website.

We act as a trading house and not as a manufacturer. Where we arrange production, we do so through Suppliers selected for the task. We remain responsible for the coordination we promise: quotation, sampling, inspection, consolidation and the paperwork that ties an order together. We do not warrant the internal processes of a Supplier beyond the inspection and reporting that we describe in these terms.

We may add, change or withdraw a service at any time. Where a change affects an order already accepted, we will not apply the change to that order without your agreement.

4. Quotations and Pricing

A quotation states a price, a specification, a quantity, a packing method and, where relevant, a shipping window. A quotation is valid for the period stated on it, and where no period is stated it is valid for fourteen days from the date of issue. Prices are quoted in the currency stated and may be adjusted if the specification, the quantity or the delivery window changes.

Raw material costs, freight rates and currency movements can change quickly. If a material change occurs before an order is accepted, we may revise the quotation and present the revised figure for your approval. We will not revise a price after an order has been accepted unless you have requested a change that affects cost, or unless a circumstance described in the force majeure section applies.

Unless a quotation states otherwise, prices are exclusive of duties, taxes, inspection fees charged by a third party, and any special handling requested by the Client.

5. Orders and Acceptance

An enquiry does not create an order. An order is formed when the Client confirms a quotation in writing and the Company accepts it in writing. The desk will acknowledge acceptance by email, stating the specification, the quantity, the price and the intended shipping window.

The Company may decline an order where a Supplier cannot meet the specification, where a shipping window cannot be held, where a payment arrangement has not been agreed, or where accepting the order would breach a legal duty. If we decline an order, we will tell you why and, where possible, suggest an alternative.

Once an order is accepted, the Client is responsible for the accuracy of the specification, the drawings and the delivery details it has supplied. A change requested after acceptance is handled under the cancellation and changes section of these terms.

6. Samples and Approvals

Sampling protects both parties. Before bulk production begins, a Sample is produced and sent for approval. The Client reviews the Sample against the specification and returns a written approval or a written list of required changes. Once a Sample is approved in writing, it becomes the reference standard for the run, and the inspection described in these terms is measured against it.

If the Client does not return an approval or a change request within the period stated on the sampling note, the desk may treat the Sample as approved so that the shipping window is not lost. Where a Sample is approved and the Client later requests a change, the change is treated as a new instruction and may affect price and timing. Sample costs are stated on the quotation and may be credited against the order where the quotation says so.

7. Payment Terms

Unless a quotation states otherwise, payment terms are a deposit before production begins and the balance before the container leaves the loading point. The deposit confirms factory capacity and protects the Client against a price movement. The balance protects the Company against a shipment that has left but has not been paid for.

Payments are made in the currency stated on the quotation and by a method agreed in writing. Bank charges are borne by the party that incurs them unless the quotation says otherwise. Where a payment is late, the Company may suspend production, hold a loading or pause a consolidation until the account is settled, and may charge interest at a reasonable commercial rate on the overdue amount.

The Company may ask for a different arrangement for a first order or for a Client with no trading history. Any such arrangement will be set out in writing before the order is accepted.

8. Shipping and Delivery

Shipping windows stated on a quotation are estimates given in good faith. A window may move because of weather, carrier schedules, port congestion, customs examination or a change requested by the Client. The Company will tell the Client promptly when a window moves and will explain the reason in plain terms.

Unless the quotation states otherwise, delivery is complete when the Goods are handed to the carrier named on the order or loaded into the container arranged for the order. The Client is responsible for import clearance, duties and any local handling at the destination, unless the quotation expressly includes those items.

The Client must inspect Goods on arrival and report any visible transit damage to the carrier and to the desk promptly, so that a claim can be made within the period allowed by the carrier.

9. Inspection and Quality Holds

The Company inspects Goods at the factory before they travel. Inspection is measured against the approved Sample and the agreed specification, and covers appearance, carton counts, weights, labelling and packing method. Where a lot falls outside the standard, the Company places a Hold, retains the Goods on site, photographs the finding and reports to the Client the same day.

The Client decides whether a held lot should be reworked, replaced or released with a stated deviation. The Company will not release a held lot without the Client direction. A release with a stated deviation is recorded on the order ledger, and the record notes that the deviation was accepted by the Client.

Inspection reduces risk but does not remove it. A sampled inspection may not reveal every defect in a large run, and the Company does not warrant that a lot is entirely free of defects merely because it passed inspection. The Company warrants that it performed the inspection it describes and reported the result honestly.

10. Container Consolidation

Consolidation gathers Goods from more than one factory at a single loading point and packs them into one container. Where the Client requests consolidation, the Company reconciles every carton against its packing list, standardises carton marks, records the seal number before the doors close and provides a set of loading photographs.

Consolidation depends on every contributing factory delivering on time. If one factory is late, the Company may delay the loading, load a partial container or propose an alternative, and will explain the effect on the schedule. The Client remains responsible for the accuracy of the packing lists it supplies.

Mixing Goods from several orders in one container means that a claim affecting one order may need to be separated from the rest. The Company keeps loading records that allow a claim to be traced to the relevant cartons and will provide those records on request.

11. Title and Risk

Title to the Goods passes to the Client when the Company has received payment in full for the relevant order, unless a written agreement states otherwise. Risk in the Goods passes when delivery is complete under the shipping section of these terms.

Where Goods are held at a factory after inspection, risk remains with the Supplier until the Goods are loaded, in accordance with the arrangement the Company has made with that Supplier. The Company will pass on the details of that arrangement to the Client on request.

Until title passes, the Client holds the Goods as bailee for the Company and must keep them identifiable and, where reasonable, insured. This does not affect the Client right to sell the Goods in the ordinary course of its business where such a right is agreed in writing.

12. Cancellation and Changes

A Client may request a change or a cancellation in writing at any time. Where the request arrives before production begins, the Company will confirm what has already been committed and what can be recovered. Where the request arrives after production has begun, the Client is responsible for the cost already incurred, including materials, labour and any non-refundable payment made to a Supplier.

Changes to a specification after Sample approval may require a new Sample and may move the shipping window. The Company will state the effect of a change before acting on it, so that the Client can decide whether to proceed.

Where the Company cannot fulfil an accepted order for a reason within its control, it will return any payment received for Goods not yet produced or shipped, after setting off costs already committed. This is the Client sole remedy for a cancellation by the Company.

13. Acceptable Use of the Website

You may use this website for lawful purposes connected with your business. You must not attempt to interfere with the website, to gain unauthorised access to its systems, to introduce malicious code, or to copy the website for a misleading purpose. You must not use the enquiry form to send unlawful, abusive or deceptive content.

We may suspend access to the website where we reasonably believe it is being misused. We do not warrant that the website will be available without interruption, and we may take it down for maintenance or for a security reason without notice.

Information on this website is provided for general guidance. A quotation is the document that governs a transaction, and where a statement on the website differs from a quotation, the quotation prevails.

14. Intellectual Property

The content of this website, including its text, layout, styles and the trading floor design, belongs to FOREST GENERAL TRADING LIMITED or is used with permission. You may view the website and print a copy for your own business use. You may not republish, sell or present the content as your own without written permission.

Where a Client supplies a drawing, a specification or a dieline, the Client keeps ownership of that material and grants the Company a limited licence to use it for the purpose of the order. The Company will not use a Client drawing for another Client and will return or delete it when the order is complete, on request.

The Company name, the trading floor motif and the crate stamp design are used by FOREST GENERAL TRADING LIMITED in the ordinary course of its business and may not be copied for a misleading purpose.

15. Limitation of Liability

Nothing in these terms excludes liability that cannot lawfully be excluded. Subject to that, the Company is not liable for indirect or consequential loss, for loss of profit, for loss of goodwill, or for a loss that was not reasonably foreseeable when the order was accepted.

Where the Company is liable for a defect in an order, its liability is limited to the value of the Goods affected by the defect, or to the cost of replacing or repairing those Goods, at the Company choice. Where a claim arises from a delay, the Company liability is limited to the amount of any freight charge it has collected for the affected shipment.

The Client is responsible for the accuracy of the specification it supplies and for any loss caused by an error in that specification. The Company is not liable where a defect results from a design or instruction given by the Client.

16. Force Majeure

The Company is not liable for a failure or delay caused by an event beyond its reasonable control. Such events include severe weather, typhoon, flood, earthquake, fire, epidemic, war, civil disturbance, labour dispute, port closure, customs action, a cyber incident affecting a carrier, and a change in law that affects the movement of goods.

Where a force majeure event occurs, the Company will tell the Client promptly, will keep the Client informed as the situation develops, and will resume performance as soon as it reasonably can. Where the event lasts for a prolonged period, either party may end the affected order, and the Company will account for payments received and costs already committed.

17. Governing Law and Disputes

These terms and any order formed under them are governed by the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, unless a signed agreement states otherwise.

Before starting proceedings, the parties will try to resolve a dispute by discussion between senior representatives. Either party may invite the other to a meeting or to a period of negotiation, and both will take part in good faith. Where a dispute concerns the quality of Goods, the parties will first review the inspection records and the approved Sample.

Nothing in this section prevents either party from seeking urgent relief from a court where that is necessary to protect its position.

18. Changes to These Terms

The Company may update these terms from time to time. The version published on this page is the version in force, and the date at the top of the page shows when it last changed. Where a change is material, the Company will draw attention to it on the website.

An accepted order is governed by the terms in force on the date the order was accepted, unless the Client agrees in writing to apply a later version. A change does not reduce a right the Client has already accrued under an accepted order.

19. How to Contact Us

Questions about these terms, an order or a quotation are welcome at the order desk. Please contact us using the details below.

We answer questions about these terms in plain language and we would rather resolve a concern before an order is placed than after it has shipped.