Terms of Service
These Terms of Service govern your use of the website of FRUTAWISE LIMITED and the fresh produce and fruit trading services it provides. The services described in these terms are developed and operated by the developer Frutawise on behalf of FRUTAWISE LIMITED, whose head office is at Rm C 7/F World Trust Tower, 50 Stanley Street, Hong Kong (HK).
Please read these terms carefully before you use the website or place an order. By accessing the website or by ordering through us, you enter into a binding legal agreement with the company. If you do not accept these terms, please do not use the website or place any order.
1. Introduction
These Terms of Service govern your use of the website of FRUTAWISE LIMITED and the fresh produce and fruit trading services it provides. FRUTAWISE LIMITED is a company with its registered office at Rm C 7/F World Trust Tower, 50 Stanley Street, Hong Kong (HK). The services described in these terms are developed and operated by the developer Frutawise on behalf of FRUTAWISE LIMITED.
By accessing the website or by placing an order through us, you enter into a legal agreement with the company. Where these terms refer to the company, the terms we, our and us all mean FRUTAWISE LIMITED, and the terms you and your mean the person or business using the website or placing an order.
Please read these terms carefully before you use the website or our services. If you do not accept these terms, please do not use the website or place any order with us.
2. Acceptance of These Terms
By accessing the website, by submitting a contact form, or by placing an order with us, you confirm that you have read, understood and agreed to be bound by these terms. You also confirm that you have the authority to act on behalf of the business you represent.
If you are accepting these terms on behalf of a company, that company is bound by them in full, and you confirm that you are authorised to enter into this agreement for it. These terms form the entire agreement between you and FRUTAWISE LIMITED for the services described, and they replace any earlier discussions, proposals or agreements.
We may update these terms from time to time, and your continued use of the website after an update means that you accept the revised version. We will always make the current version easy to find on this page.
3. Our Services
FRUTAWISE LIMITED sources, inspects, grades, packs and ships fresh produce and fruit for import and export markets. Our services include fresh fruit sourcing, produce import and export, quality inspection and grading, cold chain logistics, retail and wholesale supply, and seasonal fruit programs.
We act as a trader of goods rather than as a common carrier, and the shipping services used to move your fruit are provided by third party carriers under their own terms and conditions. We will arrange the carriage of goods as an agent on your behalf unless we agree otherwise in writing.
We provide detailed documentation for every order, including packing lists, grading reports, phytosanitary certificates and temperature logs. The services are provided from our head office in Hong Kong and are available to customers in the markets that we serve.
4. Eligibility
You must be at least 18 years of age and legally capable of entering into a binding contract to use our services. If you are placing an order for a business, you confirm that the business is validly registered and that you are authorised to act for it.
We may ask for identification, trade references or business registration documents before we accept a new customer, and we may verify the information you provide. We reserve the right to refuse an order for any lawful reason, including compliance concerns, risk assessment or limited supply.
Customers in sanctioned or restricted jurisdictions may not be able to use our services, and we will tell you clearly if we are unable to serve your market. We respect the trading rules of every country in which we operate.
5. Orders and Purchase Terms
Every order begins with a written request from you and a written confirmation from us. A binding contract is formed only when we issue a written order confirmation that you accept, or when we issue an invoice for the goods.
Please review every confirmation carefully, because once it is issued the details of product, grade, pack, quantity, price and delivery window are fixed. We will treat your acceptance as confirmation that all details are correct and complete.
We may reject or adjust an order if the requested product is unavailable, if the specification cannot be met, or if market conditions change before the order is confirmed. In all cases we will communicate any change to you clearly and before we proceed with loading.
6. Pricing and Taxes
Prices are quoted in the currency agreed at the time of the order and are valid for the period stated in the quotation. Prices are based on the quality of the crop, the season, the freight market and the exchange rate at the time of the quote.
We reserve the right to adjust a quotation if any of these factors change materially before the order is confirmed, and we will always explain the reason for an adjustment. All prices are exclusive of taxes, duties, customs fees and port charges unless we state otherwise in writing.
The buyer is responsible for any taxes or duties that apply to the goods in the destination country. Our quotations are made in good faith based on the information available to us, and we will always explain the components of a price when you ask.
7. Payment Terms
Payment terms are agreed for each order and are stated on the invoice. Depending on the customer and the market, we may require payment in advance, a deposit before loading, or payment against shipping documents.
We may require a bank guarantee, letter of credit or other security for first time customers or for large orders. Invoices are payable in full on the due date without any deduction or set off.
If payment is late, we may suspend further deliveries, charge interest at the rate permitted by law, or exercise any other remedy available to us. Ownership of the goods remains with us until payment is received in full, subject to the specific terms of our order contract.
8. Delivery and Transfer of Risk and Title
Delivery dates are estimates based on the harvest calendar, the booking of cargo and the route to the destination, and they are given in good faith. We will make every reasonable effort to meet the agreed delivery window.
We are not liable for delays caused by events beyond our control, such as weather, port congestion, strikes, natural disasters or customs procedures. Unless we agree otherwise in writing, risk in the goods passes to the buyer at the point agreed in the order confirmation, which may be at loading, on board the vessel, or at the destination port.
The buyer is responsible for arranging import clearance and onward transport after risk passes, unless we have agreed to handle those steps for you. Title to the goods passes to the buyer only when payment is received in full.
9. Quality and Condition of Goods
We take great care to grade, pack and document every shipment according to the specification agreed at the time of the order. All goods are inspected before loading, and our grading report forms part of the order documentation.
Because fruit is a natural product, minor variation in size, color and weight is normal and is not considered a defect. The specification agreed in the order confirmation defines the acceptable range for every characteristic of the goods.
If goods are damaged in transit or arrive in a condition that does not match the specification, the buyer must follow the claims process described in these terms. We stand behind the quality of the fruit we ship, and we work with our buyers to resolve any issue fairly and quickly.
10. Inspection, Acceptance and Claims
The buyer must inspect the goods at the place and time of delivery, or within 24 hours of receipt if delivery is handled by a carrier. Any claim for quantity, quality or condition must be submitted in writing within 48 hours of receipt.
Claims must in all cases be submitted before the goods are processed, repacked or sold. Each claim must include photographs, a description of the issue and the relevant documents from the shipment, including the grading report and the packing list.
We will review every claim carefully and may arrange an independent survey of the goods if they are still available for inspection. If a claim is accepted, we will provide a replacement, a credit or another remedy agreed with the buyer. Claims submitted late or without supporting evidence may not be accepted.
11. Returns and Refunds
Because fresh produce is perishable, our returns policy is necessarily limited. Goods may only be returned where we have agreed to a return in writing, and only in the original packaging where possible.
Refunds and credits are issued at our discretion based on the condition of the goods and the outcome of the claim review. We will never ask you to return goods that are unsafe or unfit for handling.
If a replacement or credit is agreed, it will be issued within a reasonable time after the claim is accepted. Where a shipment cannot be completed because the goods were not available, we will refund any payment you made for that shipment. This policy is designed to be fair to both parties.
12. Export and Import Compliance
Fresh produce trade is subject to strict customs, phytosanitary and food safety rules in every country it touches. The buyer is responsible for ensuring that the imported goods comply with the laws, regulations and standards of the destination country, including labeling, packaging and residue limits.
We take reasonable steps to confirm that goods meet the export requirements of the origin country and the import requirements that we have been told about. Both parties agree to comply with all applicable trade sanctions and export control laws.
The buyer must not use our services for any unlawful purpose and must not misrepresent the origin, quality or value of any goods. We will assist with documentation, but final compliance rests with the importer of record.
13. Prohibited Conduct
You agree not to misuse the website or our services. You must not attempt to gain unauthorised access to our systems, to interfere with the operation of the website, or to submit false or misleading information.
You must not use automated tools to scrape data from the website without our permission, and you must not use our services to trade in goods that are illegal, prohibited or subject to sanctions. You must not present yourself as another person or business, and you must not resell our documentation without our permission.
We may suspend or terminate access for any of these behaviours, and we may report serious violations to the authorities. We take the integrity of our trade seriously, and we expect the same standard from every partner.
14. Intellectual Property Rights
The website, its design, its content and its materials, including the brand name FRUTAWISE, the logo and all text and graphics, are the property of FRUTAWISE LIMITED or its licensors. You may view the website for your own business purposes.
You may not copy, reproduce, distribute or create derivative works from our materials without written permission. Our trade marks and brand identity may not be used in connection with any goods or services that are not ours.
Feedback you send to us about the website or our services may be used to improve them, and by sending feedback you grant us a non exclusive licence to use it. Nothing in these terms transfers any ownership of our intellectual property to you.
15. Disclaimers of Warranty
The website and our services are provided on an as available basis, and to the fullest extent permitted by law we disclaim all warranties of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose or non infringement.
We do not warrant that the website will be uninterrupted, error free or free from harmful components. Information on the website about availability, pricing and markets is provided in good faith but may change at any time.
While we make every effort to keep our descriptions accurate, the final specification of any order is the written order confirmation rather than the website content. Nothing in these terms limits warranties that cannot be excluded by law.
16. Limitation of Liability
To the fullest extent permitted by law, FRUTAWISE LIMITED shall not be liable for any indirect, incidental, special or consequential damages, or for any loss of profit, revenue, business, data or goodwill, arising out of or related to the use of the website or the services.
Our total liability for any claim relating to the website shall not exceed the amount paid by you to us in connection with the relevant order in the twelve months before the claim. For perishable goods, our liability is limited to the remedies described in the claims and returns sections of these terms.
Nothing in this section limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. This limitation applies to the maximum extent allowed by law.
17. Indemnification
You agree to indemnify and hold harmless FRUTAWISE LIMITED, its officers, employees and agents from and against any claims, losses, damages, liabilities and expenses, including reasonable legal fees, arising out of your use of the website or your breach of these terms.
This includes claims arising from your failure to comply with import rules, from inaccurate information you provide, or from your misuse of our services. This obligation survives the end of your relationship with us and applies even after these terms have been terminated.
We will notify you promptly of any claim covered by this section and will give you the opportunity to control the defence where appropriate. Cooperation between the parties will always produce the fairest outcome.
18. Termination
Either party may terminate a specific order by agreement or as permitted by the terms of that order. We may suspend or terminate your access to our services if you breach these terms, if you fail to pay on time, or if we have reasonable grounds to believe that continuing the relationship would be unlawful or harmful.
You may terminate the relationship by settling all outstanding amounts and giving us written notice. Upon termination, all rights and obligations that are meant to survive, including payment obligations and the indemnification and liability sections, will continue to apply.
Termination does not affect any rights or remedies that have already accrued. We will always give you notice and a fair chance to resolve any issue before we take final action.
19. Governing Law and Dispute Resolution
These terms are governed by the laws of Hong Kong, and the courts of Hong Kong shall have exclusive jurisdiction over any dispute arising from them, unless a mandatory rule of law in your country provides otherwise.
We encourage every dispute to be resolved through friendly discussion first, and we will always respond to concerns raised by our customers. Where a dispute cannot be resolved by agreement, it will be referred to the courts of Hong Kong.
If you are a consumer in a jurisdiction that gives you legal protections that cannot be waived, nothing in these terms removes those protections. We support fair and honest resolution of any disagreement with our partners.
20. Entire Agreement and Severability
These terms, together with any order confirmation and any documents incorporated by reference, constitute the entire agreement between you and FRUTAWISE LIMITED concerning the services. They replace all earlier agreements, understandings, representations and negotiations, whether written or oral.
If any provision of these terms is found to be invalid, illegal or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
The failure to enforce any provision is not a waiver of that provision, and our rights and remedies are cumulative and not exclusive of any rights or remedies provided by law.
21. Changes to These Terms
We may revise these terms at any time by posting an updated version on this page. The updated version will apply to all use of the website and all new orders placed after the date it is published.
Where a change is significant, we will draw your attention to it on the website. Existing orders will continue to be governed by the terms that were in force when the order was confirmed, unless the change is required by law.
You should review this page regularly to stay informed of any updates. Continued use of the website after a change is published means that you accept the revised terms.
22. Contact Information
If you have any questions about these terms or about our services, please contact us. Write to feedback@perseverisys.buzz or call +17199367679, and we will reply to every enquiry within one business day.
Our head office is located at FRUTAWISE LIMITED, Rm C 7/F World Trust Tower, 50 Stanley Street, Hong Kong (HK). For urgent matters relating to a live shipment, please call our trading desk directly so that we can help you immediately.
We appreciate your trust and we look forward to building a long and fruitful partnership with you.