Terms of Service

By submitting an inquiry, placing an order, or otherwise engaging with KiyuTableware's manufacturing services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any additional terms referenced herein.

If you are entering into this agreement on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms.

KiyuTableware operates as a B2B manufacturer specializing in:

• OEM/ODM Manufacturing: Custom production of stainless steel (SUS series) and pure titanium tableware and kitchenware according to client specifications.
• Product Development: Mold design, prototyping, and engineering support for custom product lines.
• Quality Assurance: Compliance verification, automated inspection, and certification support (FDA, LFGB, RoHS).
• Bulk Production: High-volume manufacturing utilizing automated production lines with a monthly capacity of 2 million sets.

Services are provided exclusively for commercial, wholesale, and trade purposes. We do not provide retail or consumer direct sales.

3.1 Inquiry and Quotation: All engagements begin with a formal inquiry. We will provide a detailed quotation including product specifications, unit pricing, minimum order quantities (MOQ), tooling costs (if applicable), and estimated lead times.

3.2 Order Confirmation: An order is considered accepted only upon our issuance of a written order confirmation or proforma invoice. Quotations are valid for 30 days unless otherwise stated.

3.3 Samples and Prototypes: Sample production may be subject to additional fees and separate agreements. Approval of samples must be provided in writing before mass production commences.

3.4 Modifications: Any changes to confirmed orders must be requested in writing and are subject to our approval. Changes may result in revised pricing, lead times, or additional tooling costs.

4.1 Currency: All pricing is quoted in USD (United States Dollars) unless otherwise specified.

4.2 Payment Schedule: Standard payment terms are 30% deposit upon order confirmation and 70% balance before shipment. Alternative arrangements may be negotiated for established clients.

4.3 Tooling and Mold Fees: Custom mold development fees are separate from unit pricing and must be paid in full before tooling production begins. Mold ownership terms will be specified in the order agreement.

4.4 Price Adjustments: Prices are subject to adjustment in the event of significant fluctuations in raw material costs, labor, or currency exchange rates. We will notify you of any such adjustments prior to order confirmation.

4.5 Late Payment: Overdue payments may be subject to interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5.1 Lead Times: Production lead times are estimates provided in good faith based on current capacity. Actual delivery may vary due to order complexity, material availability, or force majeure events.

5.2 Shipping Terms: Unless otherwise agreed, all shipments are FOB (Free On Board) Jieyang, China. Risk of loss transfers to the Client upon delivery to the carrier. Freight, insurance, and customs duties are the Client's responsibility.

5.3 Inspection Period: Clients must inspect goods within 7 days of receipt. Claims for visible defects, shortages, or shipping damage must be reported in writing within this period.

5.4 Production Tolerances: Standard manufacturing tolerances for quantity are +/- 5%. Dimensional and finish tolerances will be specified in technical drawings or order confirmations.

6.1 Material Compliance: We use food-grade stainless steel (SUS 304/316) and pure titanium materials that comply with FDA, LFGB, and RoHS standards. Material certifications are available upon request.

6.2 Quality Control: All products undergo automated inspection and manual verification. We maintain 100% final inspection protocols prior to packaging.

6.3 Defect Rate: Our standard acceptable quality limit (AQL) is 2.5 for major defects and 4.0 for minor defects, based on ISO 2859-1 standards, unless otherwise specified in the order agreement.

6.4 Third-Party Inspection: Clients may arrange third-party inspection at their own expense. Inspection must be scheduled at least 5 business days prior to the requested date.

7.1 Client IP: All designs, trademarks, logos, and proprietary information provided by the Client remain the Client's property. We will not use, reproduce, or disclose such materials except as necessary to fulfill the order.

7.2 Manufacturing Know-How: Our manufacturing processes, tooling designs, and technical methodologies remain our proprietary information.

7.3 Mold Ownership: Unless otherwise agreed in writing, molds and tooling developed for custom orders are owned by KiyuTableware. Exclusive mold ownership may be negotiated for an additional fee.

7.4 Indemnification: Client warrants that their designs and branding do not infringe upon third-party intellectual property rights and agrees to indemnify us against any claims arising from such infringement.

Both parties agree to maintain the confidentiality of all proprietary information exchanged during the course of business, including but not limited to pricing, designs, technical specifications, and business strategies.

This obligation survives the termination of any order or business relationship for a period of three (3) years unless otherwise agreed in a separate Non-Disclosure Agreement (NDA).

9.1 Limited Warranty: We warrant that products will conform to agreed specifications and be free from defects in materials and workmanship under normal use. This warranty is valid for 90 days from the date of shipment.

9.2 Warranty Remedies: Our sole obligation under warranty is to repair, replace, or provide credit for defective products. The Client must provide photographic evidence and detailed descriptions of claimed defects.

9.3 Warranty Exclusions: This warranty does not cover defects caused by misuse, improper storage, unauthorized modifications, or normal wear and tear.

9.4 Limitation of Liability: To the maximum extent permitted by law, our total liability for any claim shall not exceed the purchase price of the defective products. We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits or business interruption.

9.5 No Consumer Liability: As a B2B manufacturer, we are not liable for claims arising from end-consumer use of products. Client assumes all responsibility for consumer warranties, product liability insurance, and compliance with destination market regulations.

Neither party shall be liable for delays or failure to perform due to causes beyond their reasonable control, including but not limited to natural disasters, war, labor disputes, government actions, pandemics, material shortages, or utility failures.

In such events, the affected party will promptly notify the other party and make reasonable efforts to minimize the impact. Performance obligations will be suspended for the duration of the force majeure event.

11.1 Order Cancellation: Orders may be cancelled only with our written consent. Cancellation may be subject to charges for work in progress, materials purchased, and lost production time.

11.2 Breach: Either party may terminate an order or business relationship if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice.

11.3 Insolvency: We may immediately terminate any order if the Client becomes insolvent, files for bankruptcy, or ceases business operations.

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict of law principles.

12.2 Dispute Resolution: Any disputes arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to arbitration in Shenzhen, China, under the rules of the China International Economic and Trade Arbitration Commission (CIETAC).

12.3 Language: The arbitration proceedings shall be conducted in English.

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised "Last Updated" date. Continued engagement with our services after such changes constitutes acceptance of the modified Terms.

For existing orders, the Terms in effect at the time of order confirmation shall apply unless otherwise agreed in writing.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

These Terms, together with any order confirmations, quotations, and referenced policies, constitute the entire agreement between the parties and supersede all prior negotiations, understandings, or agreements, whether written or oral.

No modification or waiver of these Terms shall be valid unless made in writing and signed by authorized representatives of both parties.

For questions regarding these Terms or our services, please contact: