Wholesale and Trade Terms

Effective date: July 28, 2026

These Terms apply only to approved business, reseller, distributor, installer, race-team, or other trade purchases. They do not remove mandatory rights that apply where a buyer legally qualifies as a consumer. A signed dealer agreement, quotation, pro forma invoice, purchase order accepted by ETi, or written Incoterm controls where it expressly differs.

1. Trade status

The buyer represents that it purchases for business purposes and will provide accurate company, resale, tax, importer, and beneficial-ownership information where requested. ETi may approve, suspend, or revoke trade status based on legitimate commercial, compliance, payment, or brand-protection concerns.

2. Pricing and minimums

Trade prices, MOQs, discount tiers, and validity periods are stated in the current quotation or dealer schedule. Prices may change for future orders. Quotes exclude freight, duties, taxes, tooling, packaging, and bank charges unless expressly included.

3. Orders, deposits, and payment

An order is binding when accepted by ETi. Deposits and progress payments are applied to materials, production capacity, tooling, or procurement and may be non-refundable after the related commitment is made. Balance payment is due before release unless written credit terms apply. Late or overdue accounts may be placed on hold.

4. Forecasts and lead times

Forecasts are non-binding unless incorporated into a supply agreement. Production and transit dates are estimates unless guaranteed in writing. The buyer must promptly supply approvals and information. ETi will communicate material delays reasonably known to it.

5. Shipping and Incoterms

The Incoterm and named place stated on the quotation or invoice control. Without a stated term, freight, duties, import clearance, destination fees, and insurance are the buyer’s responsibility, and risk transfers according to applicable commercial law and the agreed handover. ETi will not falsify customs information.

6. Inspection and claims

The buyer must inspect commercial shipments promptly and preserve carrier evidence. Visible shortage or transit damage should be reported within 48 hours, and other visible nonconformity within 7 calendar days. These periods support evidence and do not excuse latent defects, fraud, or obligations that cannot be limited. No return is permitted without an RMA.

7. Product representations

The buyer may use only current ETi-approved product descriptions, images, fitment data, certifications, warranty statements, and claims. The buyer must not create unauthorized performance, road-legality, safety, emissions, delivery, or warranty representations.

8. Resale and customer service

The buyer is responsible for lawful resale, local taxes, product listing accuracy, first-line customer support, and installation advice within its competence. ETi remains responsible for approved manufacturer-level warranty obligations. The buyer must promptly forward safety complaints and cooperate with corrective action or recall.

9. Brand and intellectual property

Trade approval grants a limited, revocable right to use supplied ETi trademarks and media solely to market genuine ETi products. It does not transfer design, CAD, mold, tooling, manufacturing, or other intellectual-property rights. The buyer may not copy products or provide them for reverse engineering.

10. Tooling and development

Tooling ownership, storage, maintenance, exclusivity, and use rights must be stated in a separate written agreement. Payment toward tooling does not by itself transfer ownership or exclusive rights.

11. Territory and exclusivity

No territory, exclusivity, protected account, minimum advertised price obligation, or non-compete applies unless set out in a separate written agreement compliant with applicable competition law.

12. Warranty and remedies

ETi’s Limited Product Warranty applies unless a trade warranty schedule says otherwise. Commercial remedies may be limited to repair, replacement, credit, or refund of the affected goods, subject to law. The buyer must not authorize ETi-funded remedies without approval.

13. Liability

To the fullest extent permitted by law, neither party is liable for indirect or consequential commercial loss. ETi’s aggregate liability for an affected trade order will not exceed the amount paid for the affected goods, except for liability that cannot legally be limited, fraud, wilful misconduct, confidentiality or IP obligations, or separately agreed indemnities.

14. Compliance

Each party must comply with applicable sanctions, anti-bribery, export, import, product-safety, privacy, consumer, competition, and tax laws. ETi may suspend an order where fulfillment would create a legal or safety risk.

15. Governing law

Unless a separate agreement states otherwise, these Terms are governed by Hong Kong law and disputes are subject to the courts of Hong Kong.

16. Contact

Trade questions and purchase orders: nate@myeliteti.com.