General Terms and Conditions for Service and Product Sales of Blue Melon Ltd.
Welcome to Blue Melon Ltd. («the Company,» «we,» «our»). This document sets forth the terms and conditions under which the Company provides services and, where applicable, conducts product sales on behalf of its clients («the Client,» «you,» «your»). By contracting and/or using our services or managing purchases through Blue Melon, you accept and agree to comply with these Terms and Conditions.
1. Description of Services
1.1. Nature of Services
Blue Melon Ltd. offers Sourcing, Pre-Shipment Inspections, During-Production Inspections, Container Loading Supervision, Factory Audits, Brand Development, and, on certain occasions, the direct sale of products. In these cases, Blue Melon (BM) may act as a direct commercial supplier, assuming the corresponding contractual responsibilities, including invoicing, delivery under agreed terms (e.g., FOB/CIF/FCA), and compliance with specifications expressly agreed upon with the Client.
However, when the product supplier has been selected directly or indirectly by the Client—whether by express recommendation, prior contact, purchase instructions, or final approval decision—Blue Melon shall be expressly exempt from all responsibility regarding the quality, functionality, or technical or legal conformity of the product delivered. In such cases, supplier validation, regulatory compliance, and manufacturing warranties shall be the sole responsibility of the Client, who declares to know and accept that Blue Melon acts solely as a facilitator of the commercial operation or as a logistics intermediary.
1.2. Service Modifications
The Company reserves the right to modify or temporarily or permanently discontinue any of its services with or without prior notice, unless such modification substantially affects a contracted and ongoing service, in which case the Client will be notified with reasonable advance notice.
2. Commitments of Blue Melon Ltd.
Blue Melon Ltd. commits to:
2.1. Professional Service Delivery
Blue Melon Ltd. (hereinafter, «the Company») commits to providing its services with the expected professional diligence, utilizing the necessary knowledge and experience to meet the objectives agreed upon with the client. We strive to offer high-quality and high-performance solutions, seeking our clients’ satisfaction.
2.2. Transparent and Timely Communication
We commit to maintaining clear, honest, and regular communication with our clients. This includes providing relevant information on service progress, responding to inquiries in a timely manner, and notifying any eventuality that may affect service delivery. Our goal is to respond to all inquiries within the deadlines established in our customer service policy.
2.3. Confidentiality and Data Protection
The Company guarantees strict confidentiality of all information and data provided by the client during the commercial relationship, using them solely for the agreed purposes. We will comply with all applicable data protection laws and regulations, ensuring the security and privacy of client information, as detailed in our Privacy Policy.
2.4. Continuous Improvement and Adaptability
We commit to actively seeking continuous improvement of our services and/or products and processes, based on client feedback and industry best practices. We are open to adapting to the client’s changing needs whenever reasonably possible and within the scope of the contracted services and/or products.
2.5. Regulatory and Ethical Compliance
The Company commits to operating under the highest ethical standards and complying with all applicable laws, regulations, and norms pertaining to our commercial activity. This includes our internal policies on ethical marketing and customer service.
2.6.1 Customer Service. Response Commitment
We commit to responding to all inquiries, comments, and complaints within 30 calendar days from the date of their receipt. All messages are reviewed by our team and are followed up accordingly.
2.6.2 Customer Service. Monitoring and Tracking
Although we currently do not use an automated ticketing system, we manually track and follow up on all incoming communications through our internal workflow processes. This ensures that no inquiry goes unanswered and that each is handled with care and professionalism.
2.6.3. Customer Service. Communication Channels
To ensure accessibility and clarity, we offer the following communication channels:
- Contact Form: www.bluemelon.com.hk/#contact
- Customer Service Email: cso@bluemelon.hk
- In-person Meetings: Available by appointment. Our team monitors these channels during business hours and ensures that responses are timely, appropriate, and in line with our service values.
2.6.4. Customer Service. Continuous Improvement
Feedback from our clients and the public plays an essential role in our evolution. Comments and suggestions are documented, discussed internally, and used to improve our services and/or products and strengthen relationships.
3. Client Obligations
3.1. Cooperation and Information Supply
The Client commits to providing Blue Melon Ltd. with all necessary and timely information, access, and cooperation for the proper execution of services. Any delay or deficiency in providing this information may affect the timelines and quality of services, and will not be the responsibility of the Company.
3.2. Payments
The Client commits to making payments for contracted services and/or products within the deadlines and amounts established in each transaction. Failure to make payments may result in the suspension or termination of services and/or product delivery. Invoices will be issued as agreed (e.g., monthly, upon milestone completion, or prior to shipment) and are payable within the stipulated period (e.g., 15 or 30 days). In case of late payment, a late fee will be applied as indicated, and Blue Melon Ltd. reserves the right to suspend the delivery of products or the provision of services. The Client will be responsible for additional costs incurred for collection efforts.
3.3. Acceptance of Deliverables
The Client commits to reviewing and approving or rejecting deliverables within reasonable agreed-upon deadlines. Lack of response within the stipulated deadlines may be interpreted as acceptance of the deliverable.
4. Intellectual Property
4.1. Client Materials
The Client shall hold the Company harmless from any third-party claims related to the infringement of intellectual property rights of products or services related to the Client’s relationship.
4.2. Use of Client Logo and Testimonials
The Client grants Blue Melon Ltd. a non-exclusive, worldwide, royalty-free, and perpetual license to use the Client’s trade name and logo on the Company’s website, in marketing materials, presentations, case studies, and social media, for the sole purpose of identifying the Client as a Blue Melon Ltd. client or to display the results of work performed. The Company may also quote Client testimonials (with prior explicit authorization) for promotional purposes. If the Client wishes to revoke this authorization, they must notify xxxx@bluemelon.com.hk in writing, and the Company will make reasonable efforts to remove their logo and references from its public materials within a reasonable timeframe.
5. Confidentiality
Both parties (Blue Melon Ltd. and the Client) commit to maintaining the confidentiality of all information designated as confidential or that, by its nature, should be considered as such, to which they have access during the term of the contractual relationship. This confidentiality obligation shall survive even after the termination of the agreement.
6. Limitation of Liability
Scope of Liability: To the maximum extent permitted by applicable law, Blue Melon Ltd. and its directors, employees, affiliates, or agents shall not be liable, under any circumstances, for indirect, incidental, special, consequential, or punitive damages, including, without limitation, lost profits, lost data, business interruption, or any other economic damage or loss arising from the use or inability to use the Company’s services or products, even if the Company has been advised of the possibility of such damages.
Maximum Limit of Liability: The total and cumulative liability of the Company to the client, for any claim arising from or related to the services or products provided under this agreement, whether in contract, tort (including negligence), warranty, or any other legal theory, shall be limited to the total amount paid by the client to the Company for the specific services or products that gave rise to the claim during the twelve (12) months preceding the date on which the claim originated.
Exclusions: This limitation of liability shall not apply to the extent that the law prohibits such limitations, such as in cases of willful misconduct, gross negligence, or liability for death or personal injury caused by the Company’s negligence.
Basis of Negotiation: The client acknowledges and agrees that the limitations of liability set forth in this clause are fundamental elements of this agreement and that the Company could not provide the services or products under the same economic conditions without such limitations.
7. Force Majeure
Neither party shall be liable for non-performance or delay in the execution of its obligations if such non-performance or delay is caused by force majeure events, including, but not limited to, natural disasters, acts of terrorism, war, power outages, Internet failures, pandemics, or any other cause beyond the reasonable control of the affected party. The affected party shall notify the other party as soon as possible and shall make all reasonable efforts to mitigate the effects of force majeure.
8. Termination of Service
8.1. Termination by Agreement
Either party may terminate the service agreement by written notice to the other party with the notice period and under the conditions stipulated in the service proposal or individual contract.
8.1.1. Unilateral Termination by the Company
Notwithstanding the foregoing provisions, Blue Melon Ltd. reserves the right to terminate this agreement early, at any time and without needing to invoke cause, motivation, or provide explanation to the Client, by written notice with at least fifteen (15) calendar days’ advance notice. In such a case, the Client shall only be entitled to the effective provision of services and/or products up to the termination date and may not claim any compensation, indemnity, or damage for such reason.
8.2. Termination for Breach
Either party may terminate the service agreement if the other party materially breaches any of its obligations and fails to cure such breach within 30 days following written notice of the breach.
8.3. Effects of Termination
Upon termination, the Client shall pay for all services rendered up to the effective termination date. Clauses related to intellectual property, confidentiality, limitation of liability, and applicable law/jurisdiction shall survive the termination of the agreement.
9. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, including their validity, interpretation, performance, or resolution, shall be submitted to the exclusive jurisdiction of the ordinary courts of the City of Hong Kong, expressly waiving any other forum or jurisdiction that might apply.
10. General Provisions
10.1. Entire Agreement
These Terms and Conditions, along with the service proposal or individual contract, constitute the entire agreement between the Client and Blue Melon Ltd. and supersede all prior communications and agreements, whether oral or written.
10.2. Modifications
Blue Melon Ltd. reserves the right to modify these Terms and Conditions at any time. Any modification will be effective upon its publication on our website or direct notification to the Client. Continued use of our services and/or products after such modifications will constitute your acceptance of the new terms.
10.3. Assignment
The Client may not assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of Blue Melon Ltd. The Company may assign its rights and obligations without the Client’s consent.
10.4. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Post-delivery Inspection and non-conformity
11.1. In cases where Blue Melon acts as a direct product supplier, the Client may request pre-shipment inspections or conduct their own inspection under previously agreed conditions. Any claim regarding non-conformity of delivered products must be notified in writing within five (5) business days following delivery. After this period without notification, the products will be deemed accepted without objection. This clause does not limit any rights the Client may have contractually regarding agreed warranties with the original manufacturer, if any.
12. Packaging and labeling
12.1. When product delivery is managed by Blue Melon, the Company commits to ensuring that the supplier prepares the packaging in accordance with applicable international standards suitable for the transport method, destination, and type of cargo. All marks, labeling, or tagging of packages will be carried out according to the requirements established by the Client, if defined in a timely manner. Blue Melon’s responsibility for damages arising from deficient packaging shall be exclusively that derived from its direct involvement, without extending to acts of the manufacturer or third parties.
13. Taxes and duties
13.1. All taxes, fees, customs duties, and local or international charges related to the import or nationalization of products shall be the sole responsibility of the Client, unless expressly stated otherwise in the invoice or specific contract.
14. Declaration of responsability regarding products
14.1. The Client declares to know and accept that Blue Melon is neither the manufacturer nor the brand owner of the purchased products. Consequently, the Client acknowledges that it is their responsibility to verify the technical, legal, and regulatory suitability of said products for their use or commercialization at the destination.
14.2. The Client assumes the obligation to have the necessary licenses, permits, or regulatory authorizations in their country to import, market, or use products acquired through Blue Melon. The Company shall not be liable for customs rejections, regulatory penalties, or damages resulting from the legal or technical inadequacy of the product in the destination country.
14.3. Any claim related to technical defects, structural or functional failures, manufacturing warranties, or product suitability must be directed directly to the manufacturer, unless Blue Melon has offered an additional express written warranty.
15. Inspection and audit services
15.1. Blue Melon Ltd.’s standard services include, among others, factory audits, social audits, pre-production, during-production, and pre-shipment inspections, production monitoring, sample selection, laboratory analysis (if subcontracted), and loading supervision.
15.2. Blue Melon will provide these services with reasonable professional diligence in accordance with the Client’s specific instructions, confirmed in writing. In the absence of specific instructions, Blue Melon’s internal standard procedures or industry procedures will apply.
15.3. Reports issued by Blue Melon reflect only the findings at the time of inspection and are limited to the scope defined by the Client. They do not imply a guarantee for the entire batch or for future product conditions.
15.4. Any analysis or test results performed on samples will only reflect the conditions of those samples, without extending to the entire batch unless previously agreed.
15.5. Blue Melon is not responsible for contracts, letters of credit, or other documents between the Client and third parties. Their inclusion will be considered for informational purposes only.
15.6. The Client commits to providing necessary access, documentation, samples, and information with sufficient advance notice to allow the timely execution of the service.
15.7. In the event a service is canceled on the same day as the scheduled visit, or if it cannot be performed due to product unavailability, incorrect information, or lack of access, Blue Melon may charge a cancellation fee («Abortive fee»), the amount of which will be established beforehand or according to the current standard rate.
15.8. The Client acknowledges that Blue Melon is not a guarantor or insurer of the inspected products or services. Therefore, any coverage for damages or losses must be managed directly by the Client through insurance or other risk mitigation tools.
15.9. Blue Melon’s liability for any loss, damage, or non-compliance related to these services shall be limited to a maximum of ten (10) times the value of the service provided or USD 3,000, whichever is less.
15.10. Blue Melon shall not be liable for indirect damages, loss of profit, contract cancellation, loss of customers, or reputational harm associated with the outcome or interpretation of its reports.
15.11. All claims must be notified in writing within ten (10) calendar days from the date of knowledge of the event giving rise to the claim, and no later than three (3) months from the date of execution of the corresponding service. Beyond these deadlines, Blue Melon shall be released from liability.
16. Contact
For any questions or inquiries related to these Terms and Conditions, or our services and/or products, please contact us via:
Email: cso@bluemelon.com.hk