Terms and Conditions

Welcome to Oguards. These Terms and Conditions (“Terms”) govern your access to and use of the website oguardsboard.com (the “Site”) and the purchase of high-performance architectural substrates, decorative panels, and related products (collectively, the “Products”) from Oguards (“we,” “our,” or “us”). By accessing our Site, requesting a quotation, or placing an order, you (“Buyer,” “you”) agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or purchase our Products.

1. General Provisions & B2B Applicability

Oguards operates strictly as a Business-to-Business (B2B) manufacturer and supplier. Our Products, including silicate boards, cement boards, and customized panels, are intended for commercial, industrial, and large-scale infrastructure projects. By engaging with us, you represent and warrant that you are purchasing Products for business purposes and possess the necessary authorization to bind your company or organization to these Terms.

2. Product Information and Specifications

2.1. Accuracy of Information

While we strive to ensure that all Product descriptions, Technical Data Sheets (TDS), physical properties (e.g., bending strength, fire ratings), and visual representations on the Site are accurate, we do not warrant that such information is error-free.

2.2. Product Tolerances

Due to the nature of heavy architectural board manufacturing, minor industry-standard variations in thickness, density, and color may occur between production batches. These variations do not constitute a defect provided they fall within the tolerances specified in our official TDS.

2.3. Asbestos-Free Guarantee

We strictly guarantee that our substrates are 100% asbestos-free. However, the Buyer is solely responsible for ensuring that the Products meet specific local building codes, regulations, and certification requirements in the destination country prior to installation.

3. Orders, Quotations, and Pricing

3.1. Quotations

All quotations provided by our sales team are valid for a period of thirty (30) days from the date of issuance unless otherwise stated in writing. We reserve the right to revise or withdraw quotations if raw material costs or exchange rates fluctuate significantly.

3.2. Order Acceptance

A contract of sale is only formed when we issue a formal Proforma Invoice (PI) or Order Confirmation and the Buyer fulfills the initial deposit requirements.

3.3. Pricing Structure

Unless explicitly stated otherwise, prices are quoted based on standardized Incoterms® 2020 (e.g., FOB Shenzhen/Guangzhou, CIF, or EXW Dongguan). Prices do not include destination country import duties, local taxes, or customs clearance fees, which remain the sole responsibility of the Buyer.

4. Payment Terms

4.1. Standard Terms

For international commercial transactions, our standard payment terms require a Telegraphic Transfer (T/T) deposit upon order confirmation, with the remaining balance payable before the container departs the port of loading, or against the copy of the Bill of Lading (B/L), as specified in the commercial contract.

4.2. Letters of Credit

Irrevocable Letters of Credit (L/C) at sight may be accepted for large-scale infrastructure orders, subject to prior approval by our financial department.

4.3. Late Payments

Failure to meet payment schedules may result in delayed production, delayed shipment, or the cancellation of the order. We reserve the right to charge interest on overdue amounts at the maximum rate permitted by law.

5. Manufacturing, Lead Time, and Delivery

5.1. Production Schedules

Estimated lead times (typically 15-20 days for standard orders) commence only upon the receipt of the agreed deposit and the final approval of any required project-specific custom specifications (e.g., non-standard dimensions or specialized surface coatings).

5.2. Shipping and Risk of Loss

The transfer of risk for damage or loss of Products shall pass to the Buyer in accordance with the agreed Incoterms®. While we implement heavy-duty maritime packaging to prevent transport breakage, Oguards is not liable for damages occurring during long-distance maritime transit once the risk has transferred. We strongly advise Buyers to secure comprehensive marine cargo insurance.

5.3. Delays

We are not liable for any delays in delivery caused by port congestion, customs inspections, vessel rescheduling, or other factors outside our direct operational control.

6. Inspection, Claims, and Replacements

6.1. Receiving Inspection

The Buyer must conduct a preliminary inspection of the packaging and Product condition immediately upon the arrival of the containers at the destination port or designated warehouse.

6.2. Defect Reporting

Any claims regarding manufacturing defects, severe breakage beyond acceptable maritime transit limits, or quantity discrepancies must be submitted in writing to our technical support team within fourteen (14) days of cargo receipt.

6.3. Claims Processing

The Buyer must provide clear photographic/video evidence, batch numbers, and a detailed description of the issue. If the defect is proven to originate from our manufacturing hub, Oguards will, at its sole discretion, either provide replacement materials in the next shipment or issue a proportionate credit note. Due to international logistics costs, physical returns of heavy boards are generally not accepted.

7. Warranties and Limitation of Liability

7.1. Limited Warranty

We warrant that the Products will conform to the material specifications outlined in our official TDS at the time of shipment.

7.2. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, OGUARDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not liable for damages resulting from improper on-site handling, incorrect installation, failure to use recommended tools, or application in environments exceeding the stated performance limits.

7.3. Cap on Liability

IN NO EVENT SHALL OGUARDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DELAY IN CONSTRUCTION, OR PROJECT PENALTIES) ARISING OUT OF OR IN CONNECTION WITH THE SALE OF OUR PRODUCTS. Our maximum aggregate liability shall not exceed the total purchase price paid by the Buyer for the specific defective batch of Products.

8. Intellectual Property and OEM/ODM Rights

8.1. Site Content

All content on oguardsboard.com, including text, graphics, logos, images, videos, and technical documents, is the exclusive property of Oguards and is protected by international copyright laws.

8.2. Custom Manufacturing

For project-specific custom orders, the Buyer warrants that any custom architectural blueprints, dimensional specifications, or specific design requirements provided to Oguards do not infringe upon the intellectual property rights of any third party. The Buyer agrees to indemnify and hold Oguards harmless against any claims arising from such infringements.

9. Force Majeure

Oguards shall not be held liable or deemed in breach of these Terms for any failure or delay in performance caused by circumstances beyond our reasonable control. Such Force Majeure events include, but are not limited to, acts of God, natural disasters, pandemics, governmental actions, strikes, raw material shortages, power outages at our manufacturing facilities, and severe disruptions to international shipping lanes.

10. Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of the People’s Republic of China. Any dispute, controversy, or claim arising out of or relating to this contract shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration, which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

11. Contact Information

If you have any questions, concerns, or require clarifications regarding these Terms and Conditions, please contact us at:

Oguards Headquarters & Manufacturing Hub Email (General Enquiries): [email protected] Email (Sales): [email protected] Address: F3-001, No. 29, Huangtian Industrial Zone, Bao’an District, Shenzhen