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Terms Of service

Motors in China > Terms Of service
IMPORTANT NOTICE: These Terms of Service (“Terms”) constitute a legally binding agreement between MOTORS IN CHINA (“Company,” “we,” “us,” or “our”) and you (“Buyer,” “Client,” or “you”) regarding the purchase, export, and import of vehicles and related services. By placing an order, making payment, or accepting delivery of vehicles, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not proceed with any transaction.
 
 

1. DEFINITIONS

For clarity in these Terms:
 
  • “Agreement” means these Terms of Service, any attached Schedules, the Proforma Invoice, and the Sales Contract collectively.
  • “Brand-New Vehicle(s)” means motor vehicles manufactured by original equipment manufacturers (OEMs) in China, with zero prior retail registration, delivered with full factory documentation and standard manufacturer warranty.
  • “Buyer” means the legal entity (dealer, distributor, fleet operator, government agency, corporate client, or individual importer) purchasing vehicles through MOTORS IN CHINA.
  • “Destination Port” means the seaport or airport specified by Buyer for delivery under agreed Incoterms.
  • “Export Documentation” means commercial invoice, packing list, certificate of origin, bill of lading/air waybill, export license, and any conformity declarations required for customs clearance.
  • “Incoterms 2020” means the International Commercial Terms published by the International Chamber of Commerce, governing risk, cost, and responsibility transfer between parties.
  • “Pre-Shipment Inspection (PSI)” means the multi-point digital verification process conducted prior to vehicle loading, documented via photo/video report.
  • “Proforma Invoice (PI)” means the preliminary quotation issued by Company detailing vehicle specifications, pricing, payment terms, and delivery timeline, subject to final Sales Contract.
  • “Sales Contract” means the final, executed agreement confirming order details, binding both parties upon signature and deposit receipt.
 
 

2. ELIGIBILITY AND REPRESENTATIONS

2.1 Buyer Eligibility: By engaging with MOTORS IN CHINA, Buyer represents and warrants that:
  • It is a legally registered business entity or qualified individual importer authorized to import motor vehicles in its destination country;
  • It possesses all necessary import licenses, tax registrations, and regulatory approvals required under local law;
  • It is not located in, or a national of, any country subject to comprehensive international sanctions (including but not limited to those administered by the UN, US OFAC, EU, or PRC authorities).
 
2.2 B2B Focus: Our services are designed for business-to-business transactions. Individual retail consumers purchasing for personal use must confirm compliance with their jurisdiction’s private import regulations prior to ordering.
 
2.3 Accuracy of Information: Buyer agrees to provide accurate, complete, and up-to-date information regarding shipping instructions, contact details, and regulatory requirements. Company is not liable for delays or penalties resulting from Buyer-provided inaccuracies.
 
 

3. PRODUCT INFORMATION AND AVAILABILITY

3.1 Specifications: Vehicle descriptions, images, and technical data on motors-in-china.com are provided in good faith but are for illustrative purposes. Final specifications are confirmed in the Sales Contract and aligned with the OEM’s official export configuration.
 
3.2 Availability: All vehicle offers are subject to prior sale, manufacturer allocation, and export quota availability. Company will notify Buyer promptly of any stock changes affecting an order.
 
3.3 Modifications: Manufacturer updates, regulatory changes, or supply chain adjustments may result in minor specification variations (for example, software version, accessory inclusion). Material deviations will be communicated for Buyer approval prior to shipment.
 
3.4 No Customization Unless Agreed: Standard export models are supplied as configured by the OEM. Custom modifications (badging, software localization, accessory fitment) require written agreement, additional lead time, and separate pricing.
 
 

4. ORDERING PROCESS AND CONTRACT FORMATION

4.1 Inquiry and Quotation: Buyer submits a vehicle inquiry via sales@motors-in-china.com or the website contact form. Company responds with a Proforma Invoice (PI) within 24 business hours for qualified B2B requests.
 
4.2 Order Confirmation: To proceed, Buyer must:
  • Sign and return the PI or formal Sales Contract;
  • Pay the required deposit (typically 30 percent of total order value) via agreed method;
  • Provide complete shipping instructions and import documentation prerequisites.
 
4.3 Contract Binding: The Agreement becomes legally binding upon Company’s written confirmation of deposit receipt and vehicle allocation. The Sales Contract supersedes all prior discussions, quotations, or representations.
 
4.4 Order Changes: Modifications to vehicle specifications, quantities, or destination after contract execution require mutual written agreement and may incur adjustment fees, lead time extensions, or reallocation risks.
 
 

5. PRICING, PAYMENT TERMS AND CURRENCY

5.1 Pricing Basis: All prices are quoted in United States Dollars (USD) unless otherwise agreed in writing. Prices are based on agreed Incoterms 2020 (typically FOB Chinese Port or CIF Destination Port).
 
5.2 Price Validity: Quotations are valid for 7 calendar days from issuance, subject to manufacturer price adjustments, currency fluctuations exceeding plus or minus 3 percent, or changes in export policy.
 
5.3 Payment Methods: Accepted methods include:
  • Telegraphic Transfer (T/T) to Company’s designated corporate bank account;
  • Irrevocable Letter of Credit (L/C) at sight, issued by a prime international bank acceptable to Company;
  • Other secure instruments mutually agreed in writing.
 
5.4 Payment Schedule:
  • Deposit: 30 percent of total order value upon Sales Contract execution;
  • Balance: 70 percent prior to vehicle loading, against copy of shipping documents and Pre-Shipment Inspection report.
 
5.5 Currency Risk: Buyer bears all risks and costs associated with currency conversion, bank transfer fees, intermediary bank charges, and exchange rate fluctuations after contract signing.
 
5.6 Late Payment: Overdue balances incur interest at 1.5 percent per month (or the maximum rate permitted by applicable law). Company reserves the right to suspend order fulfillment or future allocations for accounts in arrears.
 
 

6. EXPORT DOCUMENTATION AND COMPLIANCE

6.1 Company Responsibilities: MOTORS IN CHINA shall prepare and provide:
  • Commercial Invoice and Packing List;
  • Certificate of Origin (China);
  • Export License and Customs Declaration (PRC);
  • Bill of Lading or Air Waybill;
  • Vehicle Conformity Declaration (as required for destination);
  • Pre-Shipment Inspection Report (digital).
 
6.2 Buyer Responsibilities: Buyer is solely responsible for:
  • Obtaining import permits, type approval, homologation, and registration eligibility in the destination country;
  • Paying all import duties, VAT, customs clearance fees, port charges, and local taxes;
  • Ensuring vehicles comply with local technical, safety, and emissions standards post-import;
  • Appointing a licensed customs broker for destination clearance.
 
6.3 Regulatory Changes: In the event of new export controls, trade restrictions, or sanctions affecting shipment, Company will notify Buyer promptly. Additional compliance costs or delays shall be borne by Buyer unless caused by Company negligence.
 
6.4 Prohibited Destinations: Company does not export to jurisdictions under comprehensive international sanctions. Buyer warrants that vehicles will not be re-exported to sanctioned entities or territories without prior written authorization.
 
 

7. INSPECTION, QUALITY ASSURANCE AND ACCEPTANCE

7.1 Pre-Shipment Inspection (PSI): Prior to loading, every vehicle undergoes a multi-point digital inspection covering:
  • Exterior and interior condition verification;
  • Odometer reading and key functionality;
  • Fluid levels, tire condition, and battery status (for EVs and hybrids);
  • Documentation match (VIN, model, trim, options). A photo/video report is shared with Buyer for approval before shipment release.
 
7.2 Buyer Inspection Rights: Buyer may appoint a third-party inspection agency at Destination Port at Buyer’s cost. Claims for visible damage or specification mismatch must be submitted in writing with supporting evidence within 48 hours of container unsealing or vehicle discharge.
 
7.3 Acceptance: Unless a valid claim is filed per Section 7.2, vehicles are deemed accepted upon delivery to the agreed Incoterm point. Company is not liable for damage occurring after risk transfer per Incoterms 2020.
 
7.4 Non-Conformance Remedy: For verified pre-shipment defects or specification errors attributable to Company, remedies are limited to, at Company’s option: (a) repair at destination (if feasible), (b) replacement vehicle on next available shipment, or (c) refund of the affected vehicle’s pro-rated value. This is Buyer’s sole and exclusive remedy for non-conformance.
 
 

8. SHIPPING, DELIVERY AND RISK TRANSFER (INCOTERMS 2020)

8.1 Incoterms Application: All shipments are governed by Incoterms 2020. The specific term (for example, FOB Shanghai, CIF Mombasa) is stated in the Sales Contract and determines:
  • Point of risk transfer from Seller to Buyer;
  • Allocation of freight, insurance, and handling costs;
  • Responsibility for export and import clearance formalities.
 
8.2 Freight Coordination: Company coordinates logistics with vetted global freight forwarders. Estimated transit times are provided in good faith but are not guaranteed due to port congestion, weather, customs delays, or carrier schedule changes.
 
8.3 Marine Insurance: For CIF or CIP shipments, Company arranges basic marine cargo insurance covering 110 percent of invoice value against Institute Cargo Clauses (C). Buyers requiring broader coverage (for example, All Risks, war, strikes) must request and fund upgrades in writing prior to shipment.
 
8.4 Title Transfer: Legal title to vehicles passes to Buyer upon full payment of the invoice balance and issuance of the original Bill of Lading consigned to Buyer or its nominee.
 
8.5 Delay Management: While Company endeavors to meet estimated shipping windows, it is not liable for delays caused by: manufacturer production schedules, port operations, carrier availability, customs inspections, force majeure events, or Buyer-caused documentation delays.
 
 

9. IMPORT REGULATIONS AND BUYER RESPONSIBILITIES

9.1 Destination Compliance: Buyer acknowledges that vehicle import regulations vary significantly by country. It is Buyer’s sole responsibility to verify:
  • Eligibility of the specific make, model, and year for import and registration;
  • Required modifications (for example, lighting, speedometer units, emissions hardware);
  • Age restrictions, right-hand or left-hand drive requirements, and local certification processes.
 
9.2 No Guarantee of Registrability: MOTORS IN CHINA does not guarantee that any vehicle will be registrable for road use in Buyer’s jurisdiction. Buyer assumes all risk and cost associated with homologation, testing, or modification post-import.
 
9.3 Taxes and Duties: All import duties, value-added tax (VAT), excise taxes, environmental levies, and customs brokerage fees are Buyer’s responsibility. Company’s pricing does not include destination-country charges unless explicitly stated as “DDP” (Delivered Duty Paid) in the Sales Contract.
 
9.4 Re-Export Restrictions: Buyer agrees not to re-export vehicles to third countries without confirming compliance with both Chinese export controls and the destination country’s import laws. Unauthorized re-export may void manufacturer warranties and expose Buyer to legal liability.
 
 

10. WARRANTY AND AFTER-SALES SUPPORT

10.1 Manufacturer Warranty: Brand-New Vehicles are covered by the original equipment manufacturer’s (“OEM”) standard warranty applicable to the export market. Warranty terms, duration, coverage scope, and claim procedures are defined solely by the OEM and provided to Buyer in the vehicle documentation package.
 
10.2 Company Role: MOTORS IN CHINA acts as an export facilitator, not the warrantor. We assist with:
  • Providing OEM warranty certificates and service manuals;
  • Facilitating communication with OEM regional service centers;
  • Supporting parts sourcing inquiries through authorized channels.
 
10.3 Warranty Claims: All warranty claims must be submitted by Buyer directly to the OEM-authorized service facility in the destination country or region. Company is not liable for warranty claim denials, repair delays, or parts availability issues controlled by the OEM or its local representatives.
 
10.4 Exclusions: Manufacturer warranties do not cover:
  • Damage from improper use, accident, negligence, or lack of maintenance;
  • Modifications or repairs performed by non-authorized technicians;
  • Wear-and-tear items (tires, brakes, filters, bulbs);
  • Issues arising from non-compliant fuel, lubricants, or operating conditions;
  • Consequential, incidental, or commercial losses.
 
10.5 After-Sales Support: For qualified B2B partners, Company offers:
  • Technical documentation and training resources;
  • Priority access to OEM parts catalogs and ordering channels;
  • Market-entry advisory for new dealership partners (subject to separate agreement).
 
 

11. LIMITATION OF LIABILITY

11.1 Exclusion of Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTORS IN CHINA, ITS AFFILIATES, OFFICERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THESE TERMS OR ANY VEHICLE TRANSACTION.
 
11.2 Aggregate Liability Cap: COMPANY’S TOTAL AGGREGATE LIABILITY TO BUYER FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY BUYER FOR THE SPECIFIC VEHICLE(S) GIVING RISE TO THE CLAIM.
 
11.3 No Liability for Third Parties: Company is not responsible for the acts, omissions, or insolvency of: OEM manufacturers, freight forwarders, customs brokers, insurance providers, banks, or other third-party service providers engaged in the transaction chain.
 
11.4 Buyer Indemnification: Buyer agrees to indemnify, defend, and hold harmless MOTORS IN CHINA from and against any claims, losses, liabilities, or expenses (including reasonable legal fees) arising from: (a) Buyer’s breach of these Terms; (b) Buyer’s violation of import or export laws; (c) misuse, modification, or improper maintenance of vehicles post-delivery; or (d) Buyer’s resale or distribution practices.
 
 

12. FORCE MAJEURE

12.1 Definition: Neither party shall be liable for failure or delay in performing obligations (other than payment obligations) due to events beyond its reasonable control, including but not limited to: acts of God, war, terrorism, civil unrest, embargoes, pandemics, government actions, port closures, extreme weather, fire, flood, strikes, or critical supply chain disruptions (“Force Majeure Event”).
 
12.2 Notification and Mitigation: The affected party shall notify the other in writing within 5 business days of the Force Majeure Event’s onset, providing reasonable evidence and an estimated impact duration. Both parties shall use commercially reasonable efforts to mitigate delays and explore alternative performance methods.
 
12.3 Termination for Extended Delay: If a Force Majeure Event prevents performance for more than 90 consecutive days, either party may terminate the affected order upon written notice. Company shall refund any prepayments for undelivered vehicles, less reasonable administrative and procurement costs incurred.
 
 

13. INTELLECTUAL PROPERTY AND BRANDING

13.1 Company IP: All content on motors-in-china.com, including text, graphics, logos, trademarks, vehicle imagery, and proprietary processes, is the exclusive property of MOTORS IN CHINA or its licensors. Buyer may not reproduce, distribute, or create derivative works without prior written consent.
 
13.2 OEM Trademarks: Vehicle brand names, logos, and model designations are trademarks of their respective OEMs. Buyer acknowledges that purchase of vehicles does not confer any rights to use OEM trademarks for marketing, branding, or representation without OEM authorization.
 
13.3 Authorized Representation: Buyer may identify itself as an “Authorized Importer of Vehicles Sourced via MOTORS IN CHINA” only after executing a separate Dealer Partnership Agreement. Misrepresentation of partnership status is grounds for immediate termination and legal action.
 
 

14. CONFIDENTIALITY

14.1 Definition: “Confidential Information” includes pricing, order volumes, supply chain details, business strategies, technical data, and any non-public information disclosed by either party marked or reasonably understood as confidential.
 
14.2 Obligations: Each party agrees to: (a) use Confidential Information solely for purposes of this Agreement; (b) protect it with at least the same degree of care as its own confidential data; and (c) disclose it only to employees, advisors, or affiliates with a need-to-know who are bound by similar confidentiality obligations.
 
14.3 Exclusions: Confidentiality obligations do not apply to information that is: (a) publicly available through no fault of the recipient; (b) lawfully received from a third party without restriction; (c) independently developed without reference to the discloser’s information; or (d) required to be disclosed by law or regulatory authority (with prior notice where permitted).
 
14.4 Duration: Confidentiality obligations survive termination of this Agreement for a period of three (3) years.
 
 

15. TERM, TERMINATION AND SUSPENSION

15.1 Term: These Terms govern each transaction from order confirmation through final delivery and warranty administration. The commercial relationship continues based on mutual performance and separate partnership agreements.
 
15.2 Termination for Cause: Either party may terminate this Agreement or any order immediately upon written notice if the other: (a) materially breaches these Terms and fails to cure within 15 days of notice; (b) becomes insolvent, files for bankruptcy, or ceases business operations; or (c) engages in fraud, sanctions violations, or illegal activity related to the transaction.
 
15.3 Suspension Rights: Company may suspend order processing, shipment, or future allocations if Buyer: (a) has overdue payments; (b) provides false documentation; (c) violates export or import compliance obligations; or (d) engages in conduct damaging to Company’s reputation or legal standing.
 
15.4 Effect of Termination: Upon termination: (a) all outstanding payment obligations become immediately due; (b) Company may cancel pending orders and refund deposits less reasonable costs; (c) Sections 11 (Liability), 13 (IP), 14 (Confidentiality), 16 (Dispute Resolution), and 18 (Miscellaneous) shall survive.
 
 

16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1 Governing Law: These Terms and any non-contractual obligations arising from them shall be governed by and construed in accordance with the substantive laws of the People’s Republic of China, excluding its conflict-of-law principles.
 
16.2 Amicable Resolution: Parties agree to first attempt to resolve any dispute through good-faith negotiation between senior executives within 15 days of written notice of the dispute.
 
16.3 Arbitration: If negotiation fails, the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with said Rules. The place of arbitration shall be Shanghai, China. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties.
 
16.4 Injunctive Relief: Notwithstanding the above, either party may seek urgent injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm related to intellectual property infringement, confidentiality breaches, or payment defaults.
 
16.5 Waiver of Class Actions: TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
 
 

17. AMENDMENTS AND NOTICES

17.1 Amendments: MOTORS IN CHINA reserves the right to update these Terms at any time. Revised Terms will be posted on motors-in-china.com with an updated “Effective Date.” Continued use of services or placement of orders after changes constitutes acceptance. Material changes affecting active orders will be communicated directly to Buyer.
 
17.2 Notices: All formal notices under this Agreement shall be in writing and delivered via:
  • Email to the address on file (sales@motors-in-china.com for Company; Buyer’s registered contact);
  • Reputable international courier to the address specified in the Sales Contract. Notices are deemed received: (a) upon email confirmation of delivery; or (b) 3 business days after courier dispatch.
 
 

18. MISCELLANEOUS

18.1 Entire Agreement: These Terms, together with the Sales Contract and attached Schedules, constitute the entire agreement between the parties concerning the subject matter and supersede all prior discussions, proposals, or agreements.
 
18.2 Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The parties shall negotiate in good faith to replace the invalid provision with a valid, enforceable alternative that achieves the original economic intent.
 
18.3 Waiver: Failure to enforce any right or provision of these Terms is not a waiver of that right or provision unless expressly stated in writing.
 
18.4 Assignment: Buyer may not assign its rights or obligations under this Agreement without Company’s prior written consent. Company may assign this Agreement to an affiliate or successor in connection with a merger, acquisition, or corporate reorganization.
 
18.5 Relationship of Parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
 
18.6 Counterparts: This Agreement may be executed in counterparts (including electronic signatures via DocuSign or similar platforms), each of which is deemed an original and all of which together constitute one instrument.
 
18.7 Language: These Terms are prepared in English. In the event of translation for convenience, the English version shall control in case of discrepancy.
 
 

19. CONTACT INFORMATION

For questions regarding these Terms of Service, order support, or compliance inquiries:
 
MOTORS IN CHINA Email: sales@motors-in-china.com Website: motors-in-china.com Business Hours: Monday through Friday, 9:00 AM to 6:00 PM China Standard Time (GMT+8)
 
For urgent shipment or documentation issues, please include your Sales Contract number in all correspondence.
 
 

20. ACKNOWLEDGEMENT AND ACCEPTANCE

BY PLACING AN ORDER, MAKING PAYMENT, OR ACCEPTING DELIVERY OF VEHICLES FROM MOTORS IN CHINA, BUYER EXPRESSLY ACKNOWLEDGES THAT:
 
  • IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS OF SERVICE;
  • IT HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE REGARDING THIS AGREEMENT;
  • IT IS AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUYING ENTITY;
  • IT ASSUMES ALL RISKS AND RESPONSIBILITIES RELATED TO IMPORT COMPLIANCE, REGISTRATION, AND POST-DELIVERY USE OF VEHICLES.
 
 
Document Version: 2.0 | Prepared for International B2B Automotive Export Transactions Copyright 2026 MOTORS IN CHINA. All Rights Reserved.
 
Legal Disclaimer: This Terms of Service document is provided for informational and drafting purposes only and does not constitute legal advice. MOTORS IN CHINA strongly recommends that both parties obtain independent legal counsel licensed in their respective jurisdictions to review, negotiate, and finalize this Agreement to ensure compliance with applicable local, national, and international laws.
 
 
 
 
 
 
 
 
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