Terms Of Service

BYD FOR SALE > Terms Of Service
BYD FOR SALE (“Company,” “we,” “us,” or “our”) operates the website byd.forsale and provides international vehicle export services. These Terms of Service (“Terms,” “Agreement”) govern your access to and use of our website, services, and all related transactions.
 
By accessing our website, requesting quotations, placing orders, or engaging our export services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, please discontinue use of our services immediately.
 
 

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and BYD FOR SALE. They apply to:
  • Visitors to byd.forsale
  • Prospective and existing clients (dealers, distributors, fleet buyers, government/corporate entities, individual importers)
  • Business partners, agents, and representatives acting on your behalf
 
Eligibility: You represent and warrant that you are:
  • At least 18 years of age
  • Authorized to enter binding agreements on behalf of your organization (if applicable)
  • Legally permitted to import vehicles in your destination jurisdiction
  • Compliant with all applicable trade, sanctions, and import regulations
 
 

2. Definitions

 
Term
Meaning
Agreement
These Terms of Service, together with our Privacy Policy, Quotation Documents, and Order Confirmations
Services
Vehicle sourcing, export coordination, logistics management, documentation support, inspection, and after-sales assistance
Vehicles
Brand-new Chinese-manufactured automobiles, including EVs, hybrids, gasoline vehicles, SUVs, sedans, pickups, and commercial units
Order
A confirmed purchase request accepted by BYD FOR SALE via written Order Confirmation
Incoterms®
International Commercial Terms (ICC) governing risk, cost, and responsibility transfer (e.g., FOB, CIF, CFR)
Force Majeure
Events beyond reasonable control: acts of God, war, sanctions, port closures, pandemics, government actions, or supply chain disruptions
 

3. Account Registration & Security

3.1 Registration: Certain services may require business account registration. You agree to provide accurate, current, and complete information and to update it promptly.
 
3.2 Credentials: You are responsible for maintaining confidentiality of login credentials and for all activities under your account. Notify us immediately of unauthorized use.
 
3.3 Verification: We reserve the right to verify business credentials, import licenses, and compliance documentation before processing orders.
 
 

4. Products, Services & Availability

4.1 Catalog Accuracy: Vehicle specifications, images, pricing, and availability on byd.forsale are subject to change without notice due to manufacturer updates, market conditions, or export regulations.
 
4.2 No Guarantee of Supply: While we maintain strong manufacturer relationships, we do not guarantee unlimited inventory. All orders are subject to confirmation and manufacturer allocation.
 
4.3 Vehicle Configuration: Final vehicle specifications (trim, color, options) will be confirmed in writing prior to production or shipment. Minor variations may occur based on factory standards.
 
4.4 Compliance Disclaimer: You are solely responsible for ensuring Vehicles comply with destination country regulations (emissions, safety, homologation, right-hand/left-hand drive). We provide documentation support but do not guarantee regulatory approval in your jurisdiction.
 
 

5. Ordering Process & Contract Formation

5.1 Inquiry & Quotation:
  • Submit inquiries via website, email (sales@byd.forsale), or authorized representatives
  • Quotations are valid for 7–30 days (as specified) and subject to change based on currency, freight, or manufacturer pricing
 
5.2 Order Confirmation:
  • A binding contract is formed only upon our written Order Confirmation specifying: vehicle details, pricing, Incoterms®, delivery timeline, and payment terms
  • Verbal agreements or purchase orders alone do not constitute acceptance
 
5.3 Order Modifications: Changes post-confirmation require mutual written agreement and may incur adjustment fees or timeline delays.
 
5.4 Cancellation:
  • Pre-production: Cancellation may incur administrative fees (typically 1–3% of order value)
  • Post-production/pre-shipment: Cancellation may result in forfeiture of deposit or full payment, subject to manufacturer policies
  • Post-shipment: Cancellation is not permitted; refer to Section 10 (Returns & Remedies)
 
 

6. Pricing, Payment & Financial Terms

6.1 Pricing Basis:
  • Prices quoted are FOB (Free On Board) China Port or CIF (Cost, Insurance, Freight) Destination Port as specified
  • Prices exclude: import duties, taxes, customs clearance, registration, local delivery, or compliance modifications in destination country
 
6.2 Currency & Fluctuations:
  • All prices in USD unless otherwise agreed
  • We reserve the right to adjust pricing for significant currency fluctuations (>5%) between quotation and payment
 
6.3 Payment Terms:
  • Standard: 30% deposit upon Order Confirmation; 70% balance before shipment (against copy of Bill of Lading)
  • Alternatives (LC at sight, DP, DA) available for qualified clients subject to credit approval
  • Payments via wire transfer to designated company accounts only; verify account details via official channels to prevent fraud
 
6.4 Taxes & Duties:
  • You are responsible for all import duties, VAT, GST, customs fees, and regulatory charges in the destination country
  • We provide standard export documentation (Commercial Invoice, Packing List, Certificate of Origin, Bill of Lading); specialized certificates available at additional cost
 
6.5 Late Payment: Overdue balances accrue interest at 1.5% per month or maximum legal rate. We may suspend services or withhold documents until payment is received.
 
 

7. Shipping, Logistics & Risk Transfer

7.1 Incoterms® Application:
  • Risk and cost allocation follows ICC Incoterms® 2020 rules as specified in Order Confirmation
  • FOB China Port: Risk transfers to Client once Vehicles pass ship’s rail at origin port
  • CIF Destination Port: We arrange main carriage and insurance; risk still transfers at origin port per Incoterms® rules
 
7.2 Logistics Coordination:
  • We partner with licensed freight forwarders for RoRo, container, or bulk vessel shipping
  • Estimated transit times are indicative only; delays due to port congestion, weather, customs, or Force Majeure are not compensable
 
7.3 Insurance:
  • Marine cargo insurance included for CIF shipments (Institute Cargo Clauses A or equivalent)
  • Clients may arrange additional coverage; we are not liable for uninsured losses under FOB terms
 
7.4 Customs & Import Clearance:
  • You are responsible for engaging customs brokers, securing import permits, and complying with destination regulations
  • We provide reasonable documentation assistance but are not liable for customs delays, seizures, or rejections
 
7.5 Title Transfer: Legal title to Vehicles transfers to Client upon full payment receipt, regardless of physical possession.
 
 

8. Inspection, Acceptance & Pre-Shipment Verification

8.1 Pre-Shipment Inspection (PSI):
  • Optional third-party PSI (SGS, BV, CCIC) available at Client’s expense
  • Standard practice: digital photo/video reports and multi-point inspection checklist provided prior to shipment
 
8.2 Acceptance Protocol:
  • Client or appointed representative may inspect Vehicles at origin port prior to loading (subject to scheduling)
  • Failure to inspect or raise written objections within 48 hours of PSI report constitutes acceptance of condition
 
8.3 Post-Delivery Claims:
  • Visible damage or discrepancies must be reported within 72 hours of delivery with photographic evidence and carrier’s damage report
  • Mechanical defects covered under manufacturer warranty (Section 9); shipping damage handled via insurance claim
 
 

9. Warranties, Disclaimers & After-Sales Support

9.1 Manufacturer Warranty:
  • Vehicles carry original Chinese manufacturer warranty (terms vary by brand/model)
  • Warranty coverage, claim procedures, and authorized service centers are determined solely by the manufacturer
  • We facilitate warranty communication but are not the warrantor
 
9.2 Limited Warranty Disclaimer:
  • EXCEPT FOR EXPRESS MANUFACTURER WARRANTIES, VEHICLES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
  • WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
 
9.3 After-Sales Support:
  • We provide reasonable assistance with parts sourcing, technical documentation, and service network referrals
  • Response times and support scope vary by region and partnership agreements
  • After-sales services do not constitute a guarantee of repair, replacement, or local service availability
 
9.4 Software & Connectivity:
  • Vehicle infotainment, telematics, or ADAS features may have regional limitations (language, maps, connectivity)
  • We do not guarantee functionality of software-dependent features outside China without manufacturer-approved modifications
 
 

10. Returns, Remedies & Limitation of Liability

10.1 Returns Policy:
  • Vehicles are custom-exported goods; returns are not accepted except for:
    • Material non-conformity with Order Confirmation (reported within acceptance period)
    • Manufacturer-confirmed defects covered under warranty
  • Return shipping, re-import duties, and restocking fees (if applicable) are Client’s responsibility
 
10.2 Exclusive Remedy: For verified non-conformity, our sole obligation is, at our option: (a) repair, (b) replacement of defective components, or (c) refund of affected vehicle value (less depreciation and logistics costs)
 
10.3 Limitation of Liability:
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYD FOR SALE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY CLIENT FOR THE SPECIFIC VEHICLE GIVING RISE TO THE CLAIM
  • IN NO EVENT SHALL WE BE LIABLE FOR: INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
 
10.4 Exclusions: Limitations do not apply to: (a) death or personal injury from negligence; (b) fraud or fraudulent misrepresentation; (c) liabilities that cannot be excluded under applicable law
 
 

11. Indemnification

You agree to indemnify, defend, and hold harmless BYD FOR SALE, its affiliates, officers, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
  • Your breach of these Terms or applicable laws
  • Your import, use, resale, or modification of Vehicles
  • Violation of third-party rights (intellectual property, privacy, contractual)
  • Non-compliance with destination country regulations
 
 

12. Intellectual Property Rights

12.1 Our IP: All content on byd.forsale (logos, text, images, software, designs) is owned by or licensed to BYD FOR SALE and protected by copyright, trademark, and international laws. Unauthorized use is prohibited.
 
12.2 Manufacturer IP: Vehicle brands, trademarks, and technical specifications are property of respective Chinese manufacturers. We are an independent exporter, not an official brand representative unless expressly stated.
 
12.3 Client Materials: You grant us a non-exclusive, royalty-free license to use your business name, logo (if provided), and testimonial content for marketing purposes, subject to prior written approval.
 
 

13. Prohibited Uses & Compliance Obligations

You agree NOT to:
  • Use our Services for illegal purposes or in violation of export controls, sanctions, or anti-corruption laws (e.g., OFAC, UN, EU, Chinese regulations)
  • Resell Vehicles in jurisdictions where import is prohibited or where you lack proper licensing
  • Misrepresent vehicle origin, specifications, or compliance status to end buyers
  • Reverse-engineer, modify, or tamper with vehicle software or emissions systems in violation of law
  • Engage in fraud, money laundering, or document forgery
  • Scrape, automate, or disrupt our website infrastructure
 
Compliance Certification: By ordering, you certify that you will comply with all applicable laws in origin and destination countries, including but not limited to: customs, tax, environmental, safety, and consumer protection regulations.
 
 

14. Privacy & Data Protection

Our handling of personal and business data is governed by our Privacy Policy (available at byd.forsale/privacy). By engaging our Services, you consent to data processing as described therein, including cross-border transfers necessary for export operations.
 
 

15. Term, Suspension & Termination

15.1 Term: These Terms remain effective while you use our Services. Individual orders are governed by their specific Confirmation terms.
 
15.2 Suspension: We may suspend Services immediately if we suspect: fraud, regulatory violation, payment default, or breach of these Terms.
 
15.3 Termination: Either party may terminate for material breach with 30 days’ written notice (uncured). Termination does not affect accrued rights or ongoing order obligations.
 
15.4 Effect of Termination: Upon termination: (a) pending orders may be fulfilled or cancelled per Section 5.4; (b) outstanding payments remain due; (c) confidentiality and liability provisions survive
 
 

16. Force Majeure

Neither party is liable for failure or delay in performance (excluding payment obligations) due to causes beyond reasonable control: acts of God, war, terrorism, sanctions, embargoes, port closures, pandemics, government actions, manufacturer production halts, or critical supply chain disruptions. Affected party will notify promptly and use reasonable efforts to mitigate impact.
 
 

17. Governing Law & Dispute Resolution

17.1 Governing Law: These Terms are governed by the laws of the People’s Republic of China, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
 
17.2 Amicable Resolution: Parties agree to attempt good-faith negotiation for 30 days before initiating formal proceedings.
 
17.3 Arbitration (Preferred):
  • Any dispute shall be finally settled under the Rules of Arbitration of the China International Economic and Trade Arbitration Commission (CIETAC)
  • Seat of arbitration: Beijing, China
  • Language: English
  • Number of arbitrators: One (for claims <USD 500,000) or Three (for larger claims)
  • Award is binding and enforceable in any competent court
 
17.4 Litigation Alternative: If arbitration is unavailable or unenforceable in your jurisdiction, exclusive jurisdiction lies with the competent courts of Beijing, People’s Republic of China.
 
17.5 Legal Fees: In any proceeding, the prevailing party is entitled to recover reasonable attorneys’ fees and costs.
 
 

18. General Provisions

18.1 Entire Agreement: These Terms, together with Privacy Policy, Quotations, and Order Confirmations, constitute the entire agreement and supersede prior discussions.
 
18.2 Amendments: We may update these Terms periodically. Material changes will be notified via email or website notice. Continued use constitutes acceptance.
 
18.3 Severability: If any provision is held invalid or unenforceable, the remainder remains in full force.
 
18.4 Waiver: Failure to enforce any right is not a waiver of future enforcement.
 
18.5 Assignment: You may not assign rights or obligations without our prior written consent. We may assign this Agreement in connection with merger, acquisition, or asset sale.
 
18.6 Notices: All notices shall be in writing and sent to:
  • BYD FOR SALE: sales@byd.forsale (with “Legal Notice” in subject)
  • Client: Email or address provided during registration
  • Notices are deemed received: immediately if email (with read receipt), 3 business days if post
 
18.7 Counterparts & Electronic Signatures: Agreements may be executed in counterparts and via electronic signatures, each deemed an original.
 
18.8 Language: These Terms are prepared in English. Translations are for convenience only; the English version controls in case of discrepancy.
 
18.9 No Partnership: Nothing creates a partnership, joint venture, or agency relationship. You are an independent contractor.
 
18.10 Survival: Sections 6.5, 9–13, 15.4, 17–18 survive termination.
 
 

19. Contact Information

For questions regarding these Terms, order support, or legal notices:
 
BYD FOR SALE
Website: byd.forsale
Email: sales@byd.forsale
Subject Line: Terms of Service Inquiry
 
We aim to respond to legal inquiries within 5 business days.
 
 
Important Legal Notice:
These Terms of Service are a legally binding document. BYD FOR SALE recommends that Clients:
  1. Review these Terms carefully before ordering
  2. Consult independent legal counsel regarding compliance with laws in your jurisdiction
  3. Verify import regulations, tax obligations, and vehicle homologation requirements with local authorities
 
BYD FOR SALE is an independent vehicle export company. We are not affiliated with, endorsed by, or an official distributor of BYD Auto Co., Ltd. or any other Chinese vehicle manufacturer unless expressly stated in writing.
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