Terms of Service

Terms of Service

Last updated: 30 August 2026

These Terms of Service (“Terms”) govern your access to and use of the China sourcing and procurement services provided by Xafair (“we”, “us”, or “our”). By engaging our services, submitting a quote request, or using our website, you agree to be bound by these Terms.

1. Our Services

Xafair provides end-to-end China procurement services, including:

  • Supplier Sourcing — finding and vetting Chinese manufacturers
  • Factory Verification — independent on-site factory audits
  • Quality Inspection — PSI, IPC, DUPRO and other AQL-based inspections
  • Sample Development & Prototyping — rapid prototyping and sample consolidation
  • Shipping & Logistics — FCL, LCL, air freight and express shipping
  • Customs Clearance — export documentation and customs brokerage

Detailed descriptions of each service are available on the corresponding pages of our website.

2. Quotations and Acceptance

All quotations provided by Xafair are valid for 30 days from the date of issue unless otherwise stated. A quotation becomes a binding agreement when:

  • You confirm acceptance in writing (email is sufficient), AND
  • Any required deposit or advance payment has been received

We reserve the right to revise quotations if the scope of work changes or if material information (product specifications, target price, MOQ) was inaccurate at the time of quotation.

3. Fees and Payment

3.1 Service Fees

Service fees are quoted per project and confirmed in writing before work begins. Typical fee structures include:

  • Fixed fee per service (e.g., per inspection, per factory audit)
  • Percentage of order value (typical range: 5–10% for sourcing)
  • Hourly rate for consulting services

3.2 Payment Terms

Unless otherwise agreed in writing, payment terms are:

  • 50% deposit upon order confirmation
  • 50% balance before final shipment

Sample fees, factory audit fees and inspection fees are due net 7 days from invoice date.

3.3 Methods of Payment

We accept bank wire transfer (USD, EUR, GBP, CNY), PayPal, and major credit cards via Stripe. Bank charges are borne by the sender.

3.4 Late Payment

Overdue invoices accrue interest at 1.5% per month (18% per annum) or the maximum legal rate, whichever is lower. We reserve the right to suspend work on overdue accounts.

4. Cancellation and Refunds

4.1 Cancellation by You

You may cancel a service before work begins for a full refund of any deposit paid. Once work has commenced (e.g., factory visits scheduled, samples ordered), fees are non-refundable. Cancellation of confirmed factory orders may be subject to supplier cancellation fees.

4.2 Cancellation by Us

We may cancel a service if:

  • Payment is overdue
  • The requested service falls outside our capabilities
  • Continuing the service would put us in breach of law or regulation
  • You engage in abusive, threatening or fraudulent behaviour

In such cases, we will refund any unearned fees on a pro-rata basis.

5. Your Obligations

When using our services, you agree to:

  • Provide accurate and complete product specifications
  • Respond to our queries within reasonable timeframes
  • Make payments when due
  • Comply with all applicable import regulations in your destination country
  • Provide accurate shipping documentation (for freight services)
  • Indemnify us against claims arising from inaccurate information you provide

6. Manufacturer Relationships

Xafair acts as your independent representative and sourcing agent. We are not a party to contracts between you and Chinese manufacturers. While we exercise due diligence in vetting manufacturers:

  • We do not guarantee the financial stability of any manufacturer
  • We do not guarantee that manufacturers will honour warranties or accept returns
  • We are not liable for manufacturing defects, IP infringement, or supplier insolvency

We will, however, use commercially reasonable efforts to resolve disputes with manufacturers on your behalf.

7. Quality Inspection Limitations

Our quality inspections follow AQL (Acceptable Quality Level) standards and are based on statistical sampling. An inspection does not guarantee:

  • Zero defects in untested units
  • Compliance with all applicable regulations (you are responsible for regulatory compliance)
  • Acceptance of the goods by your end customer

Inspection reports are advisory. Final acceptance of goods is your responsibility.

8. Shipping and Customs

For freight services:

  • Quoted shipping rates are estimates and may vary with fuel surcharges, port fees and currency fluctuations
  • Title and risk of loss pass to you in accordance with the agreed Incoterms (typically FOB or EXW)
  • Customs duties and taxes in the destination country are your responsibility unless explicitly quoted
  • We are not liable for delays caused by customs authorities, weather, port congestion or other force majeure events

9. Intellectual Property

You retain all intellectual property rights in your product designs, brands and specifications. By sharing these with us, you grant Xafair a limited, non-exclusive licence to use them solely for the purpose of providing our services.

We will not share your IP with third parties except as necessary to deliver our services (e.g., sharing mould designs with the prototype shop).

10. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the engagement, including:

  • Product specifications and designs
  • Supplier identities and pricing
  • Business strategies and customer information

This obligation survives termination of our engagement for a period of 3 years.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Xafair’s total liability for any claim arising from our services is limited to the fees paid by you for the specific service giving rise to the claim
  • We are not liable for indirect, consequential, incidental or punitive damages, including lost profits, lost revenue, or lost business opportunities
  • We are not liable for delays, defects, or losses caused by factors outside our direct control (force majeure, supplier actions, government actions, etc.)

12. Indemnification

You agree to indemnify and hold Xafair harmless from any third-party claims arising from:

  • Your products or designs (including IP infringement claims)
  • Inaccurate information provided by you
  • Your breach of these Terms
  • Your violation of any applicable law

13. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, epidemics, war, government actions, port closures, carrier disruptions, or labour disputes.

14. Termination

Either party may terminate the engagement at any time by written notice. Upon termination:

  • You pay for all services rendered up to the termination date
  • We deliver all work product (inspection reports, supplier information, etc.) to you
  • Confidentiality obligations survive

15. Governing Law and Disputes

These Terms are governed by the laws of the People’s Republic of China, without regard to conflict-of-laws principles. Any disputes shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) in Shenzhen.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified to active clients at least 30 days before taking effect. Continued use of our services after changes take effect constitutes acceptance.

17. Contact

For questions about these Terms, contact us at legal@xafair.com or via our Contact page.