ESC

ESC Legal

Terms of Service

Last Updated: July 27, 2026

Table of Contents

1. Overview

This website is operated by Shenzhen ESC Technology Co., Ltd., under the brand name ESC.

Throughout these Terms of Service, the terms “ESC,” “we,” “us” and “our” refer to Shenzhen ESC Technology Co., Ltd.

ESC supplies mobile phone batteries, tablet batteries, laptop batteries, power banks and related battery and charging products to global business customers.

These Terms of Service govern your access to and use of:

  • Our website at www.esccharge.com;
  • Product descriptions, images and technical information displayed on the website;
  • Website inquiry and quotation services;
  • Samples, orders and commercial communications;
  • Products and related services provided by ESC.

By accessing our website, submitting an inquiry, requesting a quotation, ordering a sample or purchasing products from ESC, you agree to these Terms of Service.

If you do not agree with these Terms, you should stop using the website.

2. Company Information

Company Name: Shenzhen ESC Technology Co., Ltd. Brand Name: ESC Website: www.esccharge.com Email: amy@esccharge.com Telephone: +86 18576695768 Country: China

3. Business-to-Business Use

Our website, products and services are primarily intended for business and professional customers, including:

  • Importers;
  • Distributors;
  • Wholesalers;
  • Repair centres;
  • Refurbishment companies;
  • Mobile phone parts suppliers;
  • E-commerce sellers;
  • Private-label brands;
  • Corporate purchasing departments;
  • Other professional buyers.

By submitting an inquiry or placing an order, you confirm that:

  • You are at least 18 years old;
  • You have the legal capacity to enter into a commercial agreement;
  • You are authorized to represent the company or organization identified in your inquiry;
  • The information you provide is accurate and complete;
  • Your intended purchase, resale and use of the products comply with applicable laws.

Nothing displayed on our website constitutes automatic acceptance of an order.

4. Relationship With Other Sales Documents

These Terms govern the general use of our website and commercial relationship with ESC.

Specific transactions may also be governed by:

  • Written quotations;
  • Product specification sheets;
  • Sample confirmation documents;
  • Proforma invoices;
  • Purchase orders accepted by ESC;
  • Order confirmations;
  • Sales contracts;
  • Quality agreements;
  • Warranty agreements;
  • Non-disclosure agreements;
  • Other written agreements accepted by both parties.

If there is a conflict between these Terms and a specific written sales document, the following order of priority will generally apply:

  1. A formally signed sales contract or quality agreement;
  2. A written order confirmation or accepted proforma invoice;
  3. An approved specification or sample confirmation;
  4. A written quotation issued by ESC;
  5. These Terms of Service.

Any terms contained in a customer’s purchase order or other purchasing document will not apply unless expressly accepted by ESC in writing.

5. Product Information

ESC makes reasonable efforts to provide accurate product descriptions, images and specifications.

Product information displayed on the website may include:

  • Compatible device brands and models;
  • Battery model numbers;
  • Nominal capacity;
  • Rated voltage;
  • Cell type;
  • Battery dimensions;
  • Connector or flex-cable design;
  • Cycle-life information;
  • Charging power;
  • Power bank capacity;
  • Input and output ports;
  • Fast-charging protocols;
  • Packaging options;
  • Certifications;
  • Warranty information.

Website information is provided for general product evaluation and may not represent the final specification of every order.

Actual specifications may vary according to:

  • Device model;
  • Battery production batch;
  • Cell supplier;
  • Battery capacity;
  • Protection-board design;
  • Connector or flex-cable version;
  • Software or firmware requirements;
  • Packaging requirements;
  • Certification requirements;
  • Customer customization.

The final product specification will be determined by the applicable quotation, approved sample, specification sheet, proforma invoice or sales contract.

ESC may correct website errors or update product information without prior notice.

6. Replacement Product Notice

Unless expressly stated otherwise, ESC products are replacement or aftermarket products manufactured for compatibility with the specified devices or applications.

References to third-party brands, device models and original part numbers are used only to identify compatibility.

Such references do not mean that ESC is:

  • Affiliated with the original device manufacturer;
  • Authorized by the original device manufacturer;
  • Supplying original branded products;
  • Endorsed by the original device manufacturer.

All third-party brand names, trademarks and product names belong to their respective owners.

Customers must not market ESC replacement products as original products unless the products are independently verified and lawfully authorized as such.

7. Product Compatibility

The customer is responsible for verifying that the selected product is compatible with the intended device, market and application.

Before placing an order, the customer should confirm information including:

  • Device brand and model;
  • Device regional version;
  • Original battery model number;
  • Battery dimensions;
  • Connector or flex-cable position;
  • Voltage and capacity;
  • Charging requirements;
  • Software or diagnostic requirements;
  • Packaging and labelling requirements;
  • Destination-market requirements.

Compatible batteries for the same device model may have different connectors, flex cables, chip versions or physical structures.

ESC is not responsible for incompatibility caused by:

  • Incorrect device information;
  • An incorrect battery model selected by the customer;
  • Regional device differences;
  • Device modification;
  • Software or firmware updates;
  • Incomplete information supplied by the customer;
  • Changes made by the original device manufacturer.

Customers should test samples before placing a bulk order, particularly for new models or products involving software recognition, battery-health display or diagnostic functions.

8. Battery Capacity and Performance

Battery capacity, runtime and cycle life may vary depending on:

  • Device condition;
  • Device power consumption;
  • Charging method;
  • Ambient temperature;
  • Storage conditions;
  • Depth of discharge;
  • Charging frequency;
  • Software calibration;
  • Usage habits;
  • Measurement method;
  • Test equipment.

Nominal capacity is measured under specified laboratory conditions and does not guarantee identical runtime in every device or application.

Normal capacity degradation during use is not automatically considered a product defect.

Claims relating to capacity must be supported by appropriate testing methods and calibrated equipment.

9. Battery Recognition and Software Functions

Certain replacement batteries may support functions such as:

  • Battery-health display;
  • Genuine-part display;
  • Used-part display;
  • No-warning or no-popup display;
  • Diagnostic-system recognition;
  • Battery-data transfer;
  • Cycle-count display.

The availability and stability of these functions may depend on:

  • Device model;
  • Operating-system version;
  • Repair procedure;
  • Flex-cable design;
  • Chip version;
  • Battery calibration;
  • Diagnostic tools;
  • Updates introduced by the device manufacturer.

Unless expressly guaranteed in a written product specification, ESC does not guarantee that software-related battery functions will remain unchanged after future operating-system or diagnostic-system updates.

Customers must confirm software and diagnostic requirements before ordering.

10. Quotations

Quotations issued by ESC are based on the information available at the time of quotation.

Unless otherwise stated, a quotation:

  • Applies only to the specified product and quantity;
  • Applies only to the identified configuration;
  • Is valid for the period stated in the quotation;
  • May be revised if specifications or quantities change;
  • May be adjusted due to material-cost or exchange-rate changes;
  • Does not constitute final order acceptance.

Quoted prices may exclude:

  • Shipping costs;
  • Insurance;
  • Bank charges;
  • Customs duties;
  • Import taxes;
  • Certification costs;
  • Tooling charges;
  • Packaging-development charges;
  • Other third-party expenses.

Prices displayed on the website, if any, are for reference only.

11. Order Acceptance

An order becomes binding only after ESC has accepted it in writing.

Order acceptance may be confirmed through:

  • A written order confirmation;
  • An accepted purchase order;
  • An issued proforma invoice;
  • A signed sales contract;
  • Written confirmation from an authorized ESC representative.

ESC may reject or cancel an order before final acceptance where:

  • Product requirements are incomplete;
  • The requested product is technically unavailable;
  • Materials are unavailable;
  • Payment terms have not been agreed;
  • The intended use presents unacceptable safety or legal risks;
  • Incorrect pricing or product information has been identified;
  • The transaction may violate applicable law;
  • Customer or destination information cannot be verified.

If a payment has already been received for an order that ESC cannot accept, ESC will communicate with the customer regarding an appropriate replacement, modification or refund.

12. Samples

Samples are supplied for evaluation, compatibility testing and quality confirmation.

Unless otherwise agreed:

  • Sample charges are paid by the customer;
  • Shipping costs are paid by the customer;
  • Sample lead times are estimates;
  • Samples must be tested before bulk-order approval;
  • Sample approval should be confirmed in writing;
  • Changes requested after sample approval may affect price and delivery time.

Customers should test samples in actual compatible devices and under the intended charging and operating conditions.

Approval of a sample confirms the customer’s acceptance of its visible appearance, construction and tested performance, subject to agreed production tolerances.

13. Minimum Order Quantity

Minimum order quantities may vary according to:

  • Product model;
  • Cell availability;
  • Packaging;
  • Logo requirements;
  • Certification requirements;
  • Production process;
  • Private-label requirements;
  • Material procurement requirements.

The applicable minimum order quantity will be stated in the quotation, proforma invoice or order confirmation.

ESC may accept smaller trial orders at its discretion. Trial-order pricing may differ from bulk-order pricing.

14. OEM, ODM and Private-Label Products

ESC may provide OEM, ODM and private-label services, including:

  • Customer logos;
  • Battery labels;
  • Power bank housing designs;
  • Retail packaging;
  • Manuals;
  • Barcodes;
  • Customized capacities;
  • Customized connectors;
  • Customized charging ports;
  • Customized firmware or functions;
  • Product colour and surface treatment.

The customer is responsible for reviewing and approving all applicable:

  • Artwork;
  • Logos;
  • Product labels;
  • Packaging designs;
  • Specifications;
  • Samples;
  • Barcodes;
  • Manuals;
  • Regulatory markings.

After approval, changes may result in:

  • Additional design costs;
  • New sample charges;
  • Tooling charges;
  • Material loss;
  • Revised unit pricing;
  • Longer production lead times;
  • Additional certification requirements.

Customized and private-label products are generally non-cancellable and non-returnable after material procurement or production has started, except where a confirmed defect is attributable to ESC.

15. Customer-Provided Trademarks and Artwork

By supplying a trademark, logo, design, packaging file or other intellectual property, the customer confirms that:

  • It owns the relevant rights or has permission to use them;
  • Their use does not infringe third-party rights;
  • ESC is authorized to use them for the relevant order.

The customer is responsible for claims resulting from unauthorized or infringing materials supplied by the customer.

ESC will use customer-provided materials only as reasonably necessary to complete the applicable project, unless otherwise agreed.

16. Pricing and Payment

All prices will be quoted in the currency stated in the applicable sales document.

The customer may be responsible for:

  • Product costs;
  • Sample charges;
  • Tooling charges;
  • Packaging-development charges;
  • Bank fees;
  • Freight;
  • Shipping insurance;
  • Customs charges;
  • Import duties;
  • Local taxes;
  • Certification costs.

Payment terms will be specified in the quotation, proforma invoice or sales contract.

ESC may require:

  • Full payment before production;
  • A deposit before production and balance before shipment;
  • Full payment for samples;
  • Other payment arrangements approved in writing.

ESC may suspend material procurement, production, delivery or after-sales services where an undisputed payment is overdue.

Customers must make payments only to bank accounts or payment channels officially confirmed by ESC.

Any request to change payment information should be verified directly with ESC using previously confirmed contact details.

ESC is not responsible for payments sent to fraudulent or unauthorized accounts where the customer failed to verify changed payment instructions.

17. Production Lead Time

Production lead times are estimates unless a fixed date is expressly guaranteed in writing.

Production lead time may begin only after:

  • The order has been accepted;
  • The required payment or deposit has been received;
  • Product specifications have been confirmed;
  • Samples have been approved where applicable;
  • Packaging and artwork have been approved;
  • Required materials are available.

Production may be affected by:

  • Cell shortages;
  • Protection-board or chip shortages;
  • Raw-material price changes;
  • Custom packaging;
  • Engineering changes;
  • Certification testing;
  • Public holidays;
  • Production capacity;
  • Quality-control requirements;
  • Events beyond ESC’s reasonable control.

A reasonable production delay does not automatically entitle the customer to cancel an order or claim compensation unless otherwise agreed in writing.

18. Shipping and Delivery

Lithium batteries and power banks are regulated products for transportation.

Available shipping methods may depend on:

  • Battery type;
  • Watt-hour rating;
  • Quantity;
  • Packaging method;
  • Destination country;
  • Carrier requirements;
  • Dangerous-goods regulations;
  • Available transport documentation.

The applicable shipping term and Incoterm will be stated in the quotation, proforma invoice or sales contract.

Depending on the agreed shipping term, the customer may be responsible for:

  • Freight;
  • Insurance;
  • Customs clearance;
  • Import duties;
  • Taxes;
  • Destination charges;
  • Storage fees;
  • Local delivery.

Shipping and delivery times are estimates.

ESC is not responsible for delays caused by:

  • Airlines;
  • Shipping lines;
  • Freight forwarders;
  • Customs authorities;
  • Security inspections;
  • Port congestion;
  • Weather;
  • Carrier restrictions;
  • Import-control procedures;
  • Incorrect consignee information;
  • Events outside ESC’s reasonable control.

The customer must provide complete and accurate shipping, consignee, customs and tax information.

Additional charges caused by incorrect customer information may be charged to the customer.

19. Shipping Documents

Depending on the product and shipping method, ESC may provide available documents such as:

  • Commercial invoice;
  • Packing list;
  • Material Safety Data Sheet;
  • UN38.3 test summary;
  • Transport-related declarations;
  • Certificate of origin;
  • Other agreed documents.

The customer must confirm its destination-country documentation requirements before placing an order.

ESC does not guarantee that standard shipping documents satisfy every destination-country requirement unless expressly confirmed in writing.

20. Transfer of Risk and Ownership

Risk of loss or damage transfers according to the Incoterm or delivery condition stated in the applicable sales document.

Where no Incoterm is stated, risk will generally transfer when the products are delivered to the first carrier.

To the extent permitted by applicable law, ownership of the products may remain with ESC until full payment has been received.

Transfer of risk does not remove the customer’s obligation to pay the agreed purchase price.

21. Product Inspection

The customer should inspect the products promptly after delivery.

Initial inspection should include:

  • Quantity;
  • Product model;
  • Packaging condition;
  • External appearance;
  • Labels;
  • Connectors;
  • Flex cables;
  • Visible transport damage;
  • Basic voltage or electrical condition.

Claims relating to visible shortages, incorrect products or transport damage should be submitted in writing within seven calendar days after delivery, unless another period is stated in the applicable sales agreement.

The customer should retain:

  • Original packaging;
  • Product labels;
  • Batch information;
  • Shipping documents;
  • Photographs;
  • Videos;
  • Inspection records.

Use, installation, modification or resale of a product may be treated as acceptance of visible product conditions, except for latent defects that could not reasonably have been identified earlier.

22. Warranty

The applicable warranty period will be stated in the quotation, product specification, proforma invoice, warranty document or sales contract.

Unless otherwise agreed, warranty coverage applies only to confirmed manufacturing or material defects arising under normal and approved use.

Warranty coverage does not apply to damage or failure caused by:

  • Incorrect installation;
  • Connector damage during installation;
  • Flex-cable tearing or folding;
  • Reverse polarity;
  • External short circuit;
  • Use of an incompatible charger;
  • Incorrect charging voltage;
  • Unauthorized modification;
  • Protection-board or chip replacement;
  • Opening or disassembling the product;
  • Puncture, crushing, dropping or impact;
  • Exposure to fire, liquid or corrosive substances;
  • Improper storage;
  • High or low temperatures outside the specification;
  • Use in damaged devices;
  • Device motherboard faults;
  • Unauthorized repair;
  • Removal or alteration of labels or batch information;
  • Failure to follow safety instructions;
  • Normal wear or capacity degradation.

Battery runtime and capacity may change during normal use and are affected by device condition, temperature, charging behaviour and depth of discharge.

No specific cycle life or runtime is guaranteed unless stated together with defined test conditions in a written agreement.

23. Warranty Claims

A warranty claim should include sufficient information for technical evaluation, including:

  • Order or invoice details;
  • Product model;
  • Quantity affected;
  • Batch number;
  • Clear photographs and videos;
  • Device model;
  • Failure description;
  • Voltage test results;
  • Capacity test results where relevant;
  • Charging information;
  • Installation information;
  • Other technical evidence requested by ESC.

ESC may require the customer to:

  • Stop using the affected products;
  • Separate the affected batch;
  • Perform specified tests;
  • Return representative samples;
  • Provide additional test information;
  • Cooperate with root-cause analysis.

Products should not be returned without prior written authorization from ESC.

24. Warranty Remedies

If a valid warranty claim is confirmed, ESC may, at its reasonable discretion:

  • Provide technical support;
  • Repair the affected products;
  • Replace the affected products;
  • Provide replacement components;
  • Issue a credit;
  • Provide another commercially reasonable solution.

Unless otherwise agreed in writing, warranty remedies do not include:

  • Customer labour costs;
  • Installation or removal costs;
  • Device repair costs;
  • Loss of profit;
  • Business interruption;
  • Customer penalties;
  • Product-recall expenses;
  • Air-freight charges;
  • Third-party claims;
  • Consequential losses.

The existence of a complaint does not automatically mean that every product in the same batch is defective.

The scope of any remedy will be based on available evidence and the confirmed affected quantity.

25. Returns, Cancellations and Refunds

Products may be returned only with ESC’s prior written approval.

Customized, private-label or specially procured products are generally non-returnable and non-cancellable after production or material procurement has started.

A return, cancellation or refund will not normally be approved solely because:

  • The customer changes its purchasing plan;
  • Market demand changes;
  • The customer selected the wrong model;
  • The customer supplied incorrect device information;
  • The product is incompatible due to incomplete information;
  • The customer cannot obtain local approval;
  • Freight or import costs are higher than expected;
  • Normal capacity degradation occurs.

Approved returns must comply with lithium-battery shipping and packaging requirements.

Unauthorized returns may be rejected or returned at the customer’s cost.

26. Certifications and Compliance

Depending on the product, ESC may provide available certifications or reports such as:

  • CE;
  • RoHS;
  • FCC;
  • IEC 62133;
  • PSE;
  • UN38.3;
  • MSDS;
  • Other product-specific reports.

Not every certificate applies to every model, configuration or destination market.

Changes to the following may affect certification coverage:

  • Cell model;
  • Capacity;
  • Battery structure;
  • Protection board;
  • Housing;
  • Charging function;
  • Input or output port;
  • Product label;
  • Brand name.

The customer is responsible for confirming:

  • Import requirements;
  • Product-registration requirements;
  • Local labelling rules;
  • Recycling requirements;
  • Extended producer responsibility;
  • Market-access standards;
  • Whether additional testing is required.

Unless expressly agreed in writing, ESC does not guarantee that a product satisfies every legal or certification requirement in the customer’s destination market.

27. Product Safety

Lithium batteries and power banks must be transported, stored, installed, charged, used and disposed of correctly.

Customers must not:

  • Short-circuit the terminals;
  • Reverse the polarity;
  • Crush, puncture or burn the product;
  • Use an incompatible charger;
  • Expose the product to excessive heat;
  • Immerse the product in liquid;
  • Open or modify the product without authorization;
  • Continue using a swollen, leaking, smoking or abnormally hot product;
  • Dispose of batteries as ordinary waste where prohibited.

Products showing swelling, leakage, unusual odour, excessive heat, physical damage or smoke should be isolated and no longer used.

The customer is responsible for providing appropriate safety instructions to its employees, distributors and end users.

28. Power Bank Use

Power bank charging performance may depend on:

  • Connected device;
  • Charging cable;
  • Input charger;
  • Supported charging protocol;
  • Number of connected devices;
  • Battery level;
  • Operating temperature;
  • Power-distribution logic.

Advertised charging power represents supported or tested conditions and does not mean that every connected device will continuously receive the maximum rated power.

Customers should confirm required fast-charging protocols and port configurations before ordering.

Power bank capacity may be described according to internal cell voltage. Usable output capacity may be lower after voltage conversion and normal energy loss.

29. Intellectual Property

Website content is owned by or licensed to ESC, including:

  • ESC names and logos;
  • Product images;
  • Videos;
  • Website text;
  • Product descriptions;
  • Technical drawings;
  • Packaging designs;
  • Graphics;
  • Catalogues;
  • Data;
  • Website layout.

Such content may be used only for legitimate internal business evaluation.

Without prior written permission, users may not:

  • Copy or republish website content;
  • Use ESC images to represent another supplier;
  • Remove trademarks or notices;
  • Reproduce confidential drawings;
  • Scrape website data;
  • Create misleading product listings;
  • Register confusingly similar brand names or domains;
  • Use ESC trademarks without authorization.

30. Confidentiality

Non-public information exchanged during a project may be confidential, including:

  • Prices;
  • Quotations;
  • Customer lists;
  • Product drawings;
  • Chip or protection-board information;
  • Samples;
  • Packaging designs;
  • Test reports;
  • Business plans;
  • Technical solutions.

Each party should use confidential information only for evaluating or completing the relevant transaction.

Confidential information may be shared only with employees, advisers or approved suppliers who reasonably need access and are subject to confidentiality obligations.

A separately signed non-disclosure agreement will take priority where applicable.

31. Prohibited Website Use

You may not use this website:

  • For illegal or fraudulent purposes;
  • To submit false business information;
  • To impersonate ESC or another person;
  • To distribute viruses or malicious code;
  • To interfere with website operation;
  • To gain unauthorized access to systems;
  • To scrape website data without permission;
  • To infringe intellectual-property rights;
  • To send spam;
  • To support prohibited transactions;
  • To misrepresent ESC products as original products.

ESC may restrict or terminate access where misuse is identified.

32. Third-Party Services and Links

Our website may contain links to or use services provided by third parties, including:

  • Website-hosting providers;
  • Analytics providers;
  • Social media platforms;
  • Communication tools;
  • Payment providers;
  • Logistics providers;
  • Testing organizations.

Third-party services are governed by their own terms and privacy policies.

ESC is not responsible for the content, security, availability or practices of third-party websites.

Use of third-party services is at the user’s own discretion.

33. Privacy

Our handling of personal information is governed by our Privacy Policy.

By using our website or submitting an inquiry, you acknowledge that you have reviewed our Privacy Policy.

You are responsible for ensuring that any personal information submitted about another person may lawfully be shared with ESC.

34. Website Disclaimer

ESC aims to keep the website available and accurate but does not guarantee that the website will always be:

  • Uninterrupted;
  • Error-free;
  • Secure;
  • Complete;
  • Current;
  • Free from harmful code.

We may modify, suspend or discontinue any part of the website without prior notice.

Website content is provided for general information and product evaluation. It does not replace final product testing, technical verification, regulatory review or professional advice.

To the maximum extent permitted by law, the website and its content are provided on an “as is” and “as available” basis.

35. Limitation of Liability

To the maximum extent permitted by applicable law, ESC will not be liable for indirect, incidental, special, punitive or consequential losses, including:

  • Loss of profit;
  • Loss of revenue;
  • Business interruption;
  • Loss of business opportunity;
  • Loss of data;
  • Loss of reputation;
  • Device downtime;
  • Product-recall costs;
  • Third-party penalties;
  • Claims made by the customer’s clients.

Where ESC is found liable in connection with a product order, ESC’s total aggregate liability will not exceed the amount actually paid to ESC for the specific affected products giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be excluded or limited.

Nothing in these Terms excludes liability for fraud, wilful misconduct or other liability that cannot be excluded under applicable law.

36. Customer Indemnification

To the extent permitted by law, the customer agrees to indemnify and hold ESC harmless from third-party claims, losses, penalties and reasonable costs arising from:

  • Incorrect installation;
  • Unauthorized product modification;
  • Misrepresentation of replacement products as original products;
  • Use outside the approved specification;
  • Failure to provide adequate end-user warnings;
  • Customer-supplied intellectual-property infringement;
  • Incorrect regulatory information;
  • Unlawful resale, export or end use;
  • Breach of these Terms.

This section does not apply to losses directly caused by ESC’s confirmed fraud or wilful misconduct.

37. Export and Trade Compliance

Customers must comply with applicable:

  • Export laws;
  • Import laws;
  • Customs requirements;
  • Sanctions;
  • Trade restrictions;
  • End-use restrictions.

Customers must not sell, export, re-export, transfer or use ESC products:

  • In violation of applicable law;
  • For a prohibited end user;
  • In a prohibited territory;
  • For an unlawful end use;
  • Using false customs or shipping information.

ESC may request company, destination, application or end-user information before accepting or shipping an order.

ESC may reject or suspend a transaction where there is a reasonable compliance concern.

38. Force Majeure

ESC will not be liable for delay or failure caused by events beyond its reasonable control, including:

  • Natural disasters;
  • Fire;
  • Flooding;
  • Epidemics;
  • War;
  • Civil unrest;
  • Government action;
  • Export or import restrictions;
  • Customs delays;
  • Port closures;
  • Labour disputes;
  • Power shortages;
  • Cell or chip shortages;
  • Carrier restrictions;
  • Transport disruption;
  • Cyberattacks;
  • Failure of communication networks;
  • Other force majeure events.

Affected obligations may be suspended for the duration of the force majeure event.

The parties should cooperate in good faith to reduce the impact and determine whether the relevant order should be delayed, modified or cancelled.

39. Suspension and Termination

ESC may suspend or terminate website access, production, delivery or services where:

  • The customer breaches these Terms;
  • Payment is overdue;
  • Fraud or misrepresentation is suspected;
  • Continuing the transaction would create legal or safety risks;
  • Required information is not provided;
  • ESC intellectual property is misused;
  • The transaction may violate applicable law.

Termination does not affect payment obligations, claims or rights arising before termination.

Provisions concerning payment, confidentiality, intellectual property, liability, indemnification and dispute resolution will survive termination where applicable.

40. Governing Law and Dispute Resolution

These Terms are governed by the laws of the People’s Republic of China, excluding the laws of Hong Kong, Macau and Taiwan, unless another governing law is expressly agreed in a signed sales contract.

The parties should first attempt to resolve any dispute through good-faith commercial negotiation.

If the dispute cannot be resolved through negotiation, it may be submitted to a court with competent jurisdiction in Shenzhen, China, unless the parties have expressly agreed in writing to arbitration or another dispute-resolution method.

Any mandatory rights or legal protections that cannot lawfully be excluded will continue to apply.

Where a specific sales contract contains different dispute-resolution provisions, the sales contract will take priority for the relevant transaction.

41. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be limited or removed only to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

42. No Waiver

Failure by ESC to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

A waiver is valid only when confirmed in writing by an authorized ESC representative.

43. Assignment

The customer may not assign or transfer its rights or obligations under these Terms or an accepted order without ESC’s prior written consent.

ESC may transfer its rights or obligations to an affiliated company or business successor in connection with a merger, restructuring, acquisition or sale of relevant business assets, subject to applicable law.

44. Entire Agreement

These Terms, together with the Privacy Policy and applicable sales documents, constitute the agreement relating to website use and the relevant commercial transaction.

They replace prior communications concerning the same subject, except for written agreements expressly intended to remain effective.

45. Changes to These Terms

ESC may update these Terms from time to time to reflect:

  • Changes to the website;
  • Changes to products or services;
  • Changes to business practices;
  • Changes to applicable laws or regulatory requirements.

The updated version will be published on this page with a revised “Last Updated” date.

Changes will not retroactively alter an accepted order or signed sales contract unless agreed by both parties or required by law.

Continued use of the website after updated Terms are published constitutes acceptance of the revised website-use terms.

46. Contact Us

If you have questions about these Terms of Service, please contact us:

Shenzhen ESC Technology Co., Ltd. Brand: ESC Website: www.esccharge.com Email: amy@esccharge.com Telephone: +86 18576695768 Country: China

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