1 Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and MHT Trading Company, a company registered and operating in Yiwu, Zhejiang Province, China ("MHT Trading," "we," "us," or "our").
These Terms govern your use of the mhttrading.com website (the "Site") and all sourcing, quality control, logistics, and related services provided by MHT Trading (collectively, the "Services"). These Terms are effective from the date you first access the Site or engage our Services, whichever is earlier.
Your access to and use of the Site constitutes acceptance of these Terms. For paid Services, acceptance occurs upon execution of a written Service Agreement or Purchase Order referencing these Terms.
2 Description of Services
MHT Trading provides international product sourcing and supply chain management services to importers, retailers, wholesalers, and e-commerce sellers globally. Our Services include, but are not limited to:
- Product Sourcing: Identifying, vetting, and presenting qualified Chinese manufacturers or trading companies that can produce or supply products meeting Client specifications.
- Price Negotiation: Negotiating pricing, minimum order quantities, lead times, and payment terms with suppliers on the Client's behalf.
- Quality Control: Conducting factory audits, pre-production sample reviews, in-line inspections, and pre-shipment inspections at the Client's direction.
- OEM & Private Label: Coordinating custom product development, branding, and private label manufacturing for Enterprise clients.
- Logistics & Freight: Arranging international freight (sea, air, rail, courier), customs documentation, and import/export compliance support.
- Warehousing & 3PL: Providing consolidation, storage, and re-packing services from our China warehouse facilities for qualifying Enterprise clients.
- Amazon FBA Preparation: Labelling, bundling, poly-bagging, and shipping goods to Amazon fulfilment centres in accordance with Amazon's Seller Central requirements.
MHT Trading acts as a sourcing agent and logistics coordinator. We are not a manufacturer, carrier, freight forwarder, or customs broker unless explicitly stated in a specific service agreement. Our role is to facilitate and manage relationships with third-party service providers on the Client's behalf.
3 Client Obligations
To enable us to provide the Services effectively, you agree to:
- Provide accurate information: Supply complete and accurate product specifications, target prices, quality standards, regulatory requirements, and destination details. MHT Trading accepts no liability for errors arising from inaccurate or incomplete Client-provided information.
- Timely approvals: Review and approve samples, quotes, purchase orders, and inspection reports within the agreed timeframes. Delays caused by Client inaction may extend production and delivery timelines.
- Regulatory compliance: Ensure that all products sourced comply with applicable laws, safety standards, and regulations in your destination market. MHT Trading will assist in obtaining certifications where possible, but the Client remains the importer of record and bears ultimate compliance responsibility.
- Payment obligations: Make all payments on time in accordance with the agreed payment schedule. Delayed payments may result in factory delays, order cancellations, or loss of the factory deposit.
- Lawful use: Use the Site and Services only for lawful purposes. You must not use our Services to source, import, or trade any prohibited, counterfeit, or sanctioned goods.
- IP ownership: Confirm that you have all necessary rights to any trademarks, logos, designs, or intellectual property you submit for product development or labelling.
4 Pricing and Payment
4.1 Service Fees
MHT Trading's service commission is a percentage of the total FOB (Free on Board) factory price, as specified in your Service Agreement. The applicable rate depends on the service tier selected (Sourcing Only: 3–5%; Full Service: 5–8%; Enterprise: custom). The commission is calculated on confirmed purchase orders only.
4.2 Payment Milestones
Unless otherwise agreed in writing, the following standard payment milestones apply:
- Factory deposit (30%): Due upon signing of the purchase order and before factory begins production.
- Factory balance (70%): Due after pre-shipment inspection approval and before cargo is released for loading.
- MHT Service Fee — Tranche 1 (50%): Due upon supplier confirmation and purchase order issuance.
- MHT Service Fee — Tranche 2 (50%): Due upon successful pre-shipment inspection clearance.
4.3 Late Payment
Payments not received by the due date may incur an interest charge of 1.5% per month on the outstanding balance. MHT Trading reserves the right to suspend Services and release holds on factory orders if Client payments are overdue by more than 7 business days.
4.4 Currency and Taxes
All invoices are denominated in USD unless otherwise agreed. Factory payments to Chinese suppliers are processed in CNY by MHT Trading at the prevailing exchange rate. Clients are responsible for any applicable import duties, VAT, sales tax, or withholding tax in their jurisdiction.
4.5 Refunds
MHT Trading's service commission is non-refundable once the relevant milestone is reached and the corresponding service deliverable has been completed. Factory deposit refunds depend on the supplier's own policies, which we negotiate and communicate to the Client before any deposit is made.
5 Quality Assurance
MHT Trading uses commercially reasonable efforts to identify reliable suppliers and conduct quality control activities as specified in your service tier. The following terms apply:
- Inspection standards: Pre-shipment inspections are conducted using AQL (Acceptable Quality Level) sampling methodology, typically AQL 2.5 for major defects and AQL 4.0 for minor defects, unless the Client specifies otherwise.
- Failed inspections: If inspection results fall below the agreed AQL threshold, MHT Trading will notify the Client and negotiate with the factory for rework, replacement, or price reduction before releasing shipment.
- Limitation: Quality inspection is a sampling exercise and does not constitute a guarantee that 100% of goods in a shipment are defect-free. MHT Trading's liability for quality failures is limited as set out in Section 10.
- Client approval: Where the Client elects to waive or modify quality standards, override inspection results, or accept goods without inspection, MHT Trading bears no liability for any resulting quality issues.
- Third-party testing: Lab testing for regulatory certifications is arranged by MHT Trading at the Client's cost. Test results are binding and may affect product design, materials, or production timelines.
6 Shipping and Delivery
All delivery timelines provided by MHT Trading are estimates only and may be affected by factors outside our control, including factory production delays, port congestion, customs clearance, force majeure events, and carrier capacity constraints.
- Incoterms: Goods are typically sold on FOB (port of origin) terms unless otherwise specified. Risk of loss or damage to goods transfers to the Client upon loading of cargo at the origin port.
- Insurance: MHT Trading strongly recommends cargo insurance on all shipments. We can arrange insurance at cost, but it is the Client's responsibility to request and confirm coverage before shipment.
- Customs: The Client is the importer of record and is responsible for all import duties, customs clearance, and compliance with destination country regulations. MHT Trading assists with documentation but does not act as a licensed customs broker unless explicitly engaged for that purpose.
- Force majeure: MHT Trading is not liable for delays or non-performance caused by circumstances beyond reasonable control, including natural disasters, pandemics, labour strikes, government actions, war, or port closures.
7 Intellectual Property
7.1 Client IP
All trademarks, logos, product designs, technical drawings, and other intellectual property provided by the Client remain the exclusive property of the Client. MHT Trading will not use such materials for any purpose other than fulfilling the Client's order. MHT Trading requires all contracted factories to sign Confidentiality and Non-Use Agreements before receiving Client IP materials.
7.2 MHT Trading IP
All content on the Site, including text, graphics, logos, and software, is the property of MHT Trading and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our express written permission.
7.3 Client Representations
The Client warrants that they own or have the legal right to use all IP submitted for product development, labelling, or branding. MHT Trading accepts no liability for IP infringement claims arising from materials provided by the Client.
8 Confidentiality
Both parties agree to keep confidential all non-public information disclosed in connection with the Services, including product specifications, pricing, supplier identities, business strategies, and order data. Confidential information may only be disclosed to employees or subcontractors who have a need to know, and who are bound by equivalent confidentiality obligations.
These confidentiality obligations survive termination of the service relationship for a period of five (5) years. MHT Trading does not disclose supplier names or factory details to third parties, and similarly, the Client agrees not to contact shortlisted suppliers directly during the engagement period without MHT Trading's consent.
9 Warranties and Disclaimers
MHT Trading warrants that it will perform the Services with reasonable care and professional skill. All other warranties, express or implied, are disclaimed to the maximum extent permitted by law, including:
- MHT Trading does not warrant that any specific supplier will be available or suitable for the Client's needs.
- MHT Trading does not guarantee specific product prices, lead times, or quality outcomes from third-party manufacturers.
- The Site and its content are provided "as is" without warranty of accuracy, completeness, or fitness for a particular purpose.
10 Limitation of Liability
To the maximum extent permitted by applicable law, MHT Trading's total aggregate liability to the Client for any claim arising from or related to the Services shall not exceed the total service fees paid by the Client to MHT Trading in the three (3) months preceding the event giving rise to the claim.
In no event shall MHT Trading be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profit, revenue, business, or anticipated savings
- Loss of data or goodwill
- Damages arising from factory default, supplier insolvency, or force majeure events
- Import delays, customs seizures, or regulatory non-compliance in the Client's jurisdiction
These limitations apply regardless of the form of action (contract, tort, strict liability, or otherwise) and even if MHT Trading has been advised of the possibility of such damages.
11 Indemnification
You agree to indemnify, defend, and hold harmless MHT Trading, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Services in violation of applicable law; (c) any IP infringement claim arising from materials you provided; or (d) any product liability claim related to goods sourced at your direction.
12 Dispute Resolution
12.1 Negotiation
In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Services, the parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute.
12.2 Mediation
If negotiation fails to resolve the dispute within 30 days, either party may request mediation through a mutually agreed mediator. Mediation costs are shared equally.
12.3 Arbitration
If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its Administered Arbitration Rules then in force. The arbitration shall be conducted in English. The seat of arbitration shall be Hong Kong. The arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction.
13 Governing Law
These Terms and any dispute or claim arising from or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions. The parties agree that the exclusive jurisdiction for any matter not subject to arbitration under Section 12 shall be the courts of Yiwu, Zhejiang Province, China.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights or confidential information.
14 Termination
Either party may terminate an individual service engagement by providing written notice, subject to completion of any in-progress work and payment of all fees earned to date. MHT Trading may terminate the engagement immediately and without refund in the event of:
- Client's breach of payment obligations unremedied after 7 days' written notice
- Client's request to source prohibited, counterfeit, or sanctioned goods
- Client's provision of fraudulent, false, or misleading information
- Client's breach of any confidentiality or IP provision of these Terms
Upon termination, the Client must pay all fees accrued to the termination date. Obligations that by their nature should survive termination (including confidentiality, IP, limitation of liability, and dispute resolution) shall continue to apply.
15 Amendments
MHT Trading reserves the right to update these Terms at any time. Changes will be posted on the Site with an updated "Last Updated" date. For existing clients with active service agreements, material changes will be communicated by email at least 30 days before taking effect. Continued use of the Site or Services after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Services and notify us in writing.
No amendment to an individual Service Agreement or Purchase Order is valid unless made in writing and signed by authorised representatives of both parties.
16 Contact
For questions about these Terms, to request a Service Agreement, or to raise a legal concern, please contact our team:
MHT Trading Company
Yiwu International Trade City, Zhejiang Province, China
Email: info@mhttrading.com
WhatsApp: +86 138 6897 5827
Website: mhttrading.com
We aim to acknowledge all legal enquiries within 3 business days and resolve them within 30 days where possible.