Terms of Service

1. Agreement to These Terms

These Terms of Service govern the use of this website and the desk services provided by ShaanXi ChunMei XuChuan Trading Co., Ltd. By browsing the website, sending a message to the desk, or entering into a trade with the company, you agree to these terms. If you do not agree, please do not use the website or place an order, and instead contact the desk so that we can discuss the matter directly.

We have written these terms to be read. Each section explains what the company promises and what it expects from the person on the other side of the bench. Where a specific written agreement covers a particular trade, that agreement takes priority over these terms for the parts it addresses.

You must be at least eighteen years old and able to enter into a binding contract to use the desk services. If you act for an organisation, you confirm that you have authority to bind that organisation to these terms.

2. The Company

ShaanXi ChunMei XuChuan Trading Co., Ltd. is an orchard buying and grading desk operating from No 17 Group 1, Wangche Village, Zhouling Subdistrict, Qinyang Xincheng, Xixian New Area, XiAn City - 710000, China (CN). The company works in computer systems design and related services, professional, scientific and technical services, and computer integrated systems design, with a trading practice focused on orchard produce.

The website and the desk tools are operated under the developer name PlumRiver Trade. The company is the party responsible for the services described in these terms. You can reach the desk at procurement@plumrivertrade.lol or by phone at +19898387423.

3. Definitions

The following words have the meanings set out below whenever they appear in these terms.

• The company means ShaanXi ChunMei XuChuan Trading Co., Ltd.
• The desk means the orchard desk operated by the company, including its staff, tools and records.
• The website means the pages served at the domain of the company.
• A lot means a group of produce picked from a field and block and tracked under one lot number.
• A purchase sheet means the record opened when a buyer prices a field pick.
• A grade card means the written standard used to read size, colour and firmness in a run.
• A lot note means the written trail that follows a lot from pick to seal.
• A season window means the published calendar block for a field pick and its packing.
• A packing sitting means a timed session in which produce is weighed, lined and sealed.

4. Use of the Website

The website is provided so that visitors can learn about the desk, read the services and contact the team. You may browse the pages, print a page for your own use and share a link to a page. You may not copy the website in bulk, present it as your own, or use automated tools to scrape it.

We try to keep the website available and accurate, but we do not promise that it will be free from interruption or error. A page may be changed, moved or withdrawn without notice. The information on the website is a summary and does not replace a written quote or a signed lot note.

If a technical problem prevents you from reaching us through the website, use the email address or phone number printed on every page. The desk will respond in the normal way.

5. Desk Services

The company provides six desk services: purchase sheet bays, grade card runs, lot note desks, season windows, orchard review rounds and packing sittings. Each service is described on the services page and in the written materials we share before a trade begins.

We perform the services with the care that a reasonable trading desk would use, and we keep the records that the services require. We do not promise a particular outcome of a field, a harvest or a market. Fruit is a natural product, and weather, pests and road conditions can change a plan after it has been made.

Where a service depends on information supplied by a grower or partner, the accuracy of that information is the responsibility of the person who supplied it. The desk will flag an obvious error, but it cannot verify facts that only the partner can know.

6. Quotes and Orders

A quote from the desk states the price, the grade bands, the volume and the expected window for a lot. A quote is an invitation to trade and is not a binding offer on its own. The order is accepted only when the desk confirms it in writing and, where required, receives the agreed deposit.

A quote may be withdrawn or revised if a review round shows that the field cannot supply the promised grade, or if a season window cannot be kept. In that case the desk will contact you promptly and explain the reason. It will also offer an alternative window or volume where one is available.

Any sample, tray or photograph shown before an order is an indication only. The grade card and the signed packing sitting are the documents that define what is delivered.

7. Season Windows

A season window is published only when the grade card, the road schedule and the cold room capacity agree. The window is a promise that the desk intends to keep, and it is amended the moment one of those three conditions changes.

A buyer who orders against a session window accepts that the window may move by a short period if a field ripens later or earlier than expected. The desk will give notice as soon as it becomes aware of a change and will offer a new date in the same order of priority as the original.

A grower who offers a field for a window confirms that the field is available, that access is permitted, and that the grower will not commit the same lot to another buyer. Where a grower does not keep that confirmation, the desk may close the window and recover any direct loss caused by the double commitment.

8. Grading and Grade Cards

Grading is a human judgment supported by a written card. The card sets the size, colour and firmness bands for a lot, and a grade card run records the reading at a stated time. Runs are timed so that drift in a field can be caught before a packing sitting begins.

Where two runs disagree, the desk does not average them. It walks the row again and takes a further run with both recorders present, and it records the disagreement in the lot file. A report of a disagreement is not an admission of fault; it is how a careful desk shows its working.

A buyer who receives a lot is entitled to rely on the grade card that applied at the close of the packing sitting. A buyer who believes that a grade card was applied incorrectly should raise the matter under the claims section within the period stated there.

9. Lot Notes and Records

A lot note records the pick, the cooling, the packing and the seal of a lot, together with the names of the people who took part. Lot notes are written in plain language and kept in the desk library, where access is limited to named staff.

The company owns the desk records. A partner receives a copy of the records that describe its own lot at the close of a sitting. A copy may not be resold or published without written permission, because a lot note contains information about people as well as produce.

If a record contains a mistake, tell the desk and the record will be corrected in a way that preserves the original entry and the date of the correction. We do not overwrite a signed note to hide an error, and we expect partners to work the same way.

10. Packing Sittings

A packing sitting is a timed session in which the graded produce is weighed, lined and sealed under one recorder. The sitting opens with a tray check and closes with a signed sheet and a reconciled lot note. A crate without a signed sitting is not a crate that the company will guarantee.

A buyer who attends a sitting may observe the session, but the recorder remains in charge of the bench. If a buyer disagrees with a reading taken during a sitting, the recorder will pause, take a second reading and record the disagreement before the session resumes.

Where a sitting is delayed by a partner who does not supply produce on time, the desk may reschedule the session and may charge for the bench time lost, at rates agreed in writing before the order is accepted.

11. Delivery and Risk

Unless a written agreement says otherwise, delivery terms for a lot are stated in the order confirmation. The desk will arrange or accept a haulier named in the order, and it will hand over the crate stack and the lot note together.

Risk in a lot passes to the buyer when the lot leaves the desk, unless a written agreement sets a different point. The buyer should inspect the crate stack at handover and note any visible damage on the delivery document before signing for it.

Where delivery is delayed by a cause outside the control of either party, the affected party will tell the other promptly and both will work to a new schedule that keeps the produce in good condition. The force majeure section applies to delays of this kind.

12. Payment Terms

Payment terms for a trade are set out in the order confirmation. The desk may ask for a deposit before a window opens and for the balance before a lot leaves the bench. Amounts are payable in the currency and by the method stated in the confirmation.

If an invoice is not paid by its due date, the desk may charge interest at the rate stated in the order confirmation or, where no rate is stated, at a reasonable commercial rate. The desk may also suspend a later sitting until the account is brought up to date.

A partner who disputes an invoice should tell the desk in writing before the due date. The disputed part may be withheld while the parties talk, but the undisputed part must be paid on time.

13. Cancellation and Changes

A cancellation or change to an order must be made in writing. The earlier it reaches the desk, the more of the cost can be avoided.

• A cancellation before a window opens may be made without charge beyond costs already committed in writing.
• A cancellation after a window opens may incur the cost of the review round, the grade card runs and any cold room booking already made.
• A cancellation during a packing sitting may incur the cost of the bench time and the liner and crate materials used.

A change of volume or grade band is treated as a new order to the extent that it changes the work on the bench. The desk will confirm the revised price and window in writing before proceeding.

14. Claims and Remedies

A buyer who has a concern about a lot should tell the desk in writing as soon as possible, and in any event within seven days of delivery. The message should include the lot number, the field name and a description of the concern, with photographs where they help.

The desk will inspect the concern against the grade card and the lot note. If the lot does not match the record, the desk will offer a remedy that may include a replacement, a price adjustment or a refund, at the option of the company and in proportion to the concern. If the record matches the lot, the desk will explain why and share the relevant parts of the record.

A claim made after the period stated above may still be considered, but the desk cannot guarantee a remedy where the lot can no longer be inspected. The parties will act in good faith and will not use the claims process to delay a payment that is not in dispute.

15. Intellectual Property

The website, the desk tools, the written materials and the design of the lot records belong to the company or to its licensors. The developer name PlumRiver Trade and the company name are markers of the team that built and runs the desk, and neither may be used by a third party in a way that suggests a connection that does not exist.

You may read, print and share a page for a legitimate business purpose, provided that you keep the source clear. You may not copy the layout of the website into a competing product, remove a notice of ownership, or use the company name to endorse your own goods without written permission.

A partner retains ownership of its own field data and marks. Where the company builds a tool for a partner, the ownership of the tool and any resulting data is set out in the written agreement for that work.

16. Confidentiality

Each party may learn information about the other that is not public. This can include prices, field names, grade results, volume plans and the contents of a lot note. Each party will keep that information confidential, use it only for the trade, and share it only with people who need it and who are bound to keep it confidential.

Confidentiality does not apply to information that is already public, that was known before the trade, that is received from a third party without a duty of confidence, or that the law requires a party to disclose. Where disclosure is required, the party will give notice to the other where it lawfully can.

These duties continue after a trade ends. A season may be finished, but the confidence attached to a field or a price does not expire with the season.

17. Acceptable Use

You agree not to use the website or the desk services in a way that is unlawful, dishonest or harmful. In particular, you agree not to submit false information about a field or a lot, to attempt to gain access to records you are not entitled to read, to interfere with the security of the website, or to use the desk to harass a member of staff.

You also agree not to present a lot as bearing the grade of the company when it does not, and not to reuse a lot note for a different lot. A lot note describes one lot, and the record loses its value the moment it is moved to another.

The desk may refuse a message, pause a trade or close an account where it reasonably believes that these rules have been broken. Where practical, the desk will explain the decision and give the other party a chance to respond.

18. Third Parties

The desk works with hauliers, cold room operators, laboratories and software providers. These third parties are independent businesses, and each is responsible for its own part of the work. The company selects third parties with care but does not control them.

Where a third party causes a delay or a loss, the company will help the affected party to resolve the matter and will share the relevant records. The company is not liable for a third party failure beyond the extent set out in the written agreement for the trade.

A link from the website to a third party website is provided for convenience. The company does not endorse everything on that website and does not control its content.

19. Limitation of Liability

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

Subject to that, the company is not liable for indirect or consequential loss, for loss of profit, for loss of a market opportunity, or for loss caused by a change in weather, road conditions or the natural condition of produce. The company is not a guarantor of a harvest, a price or a market.

Subject to the two paragraphs above, the total liability of the company for a trade is limited to the price paid for the lot that is the subject of the claim, or to the fee paid for the service, whichever is the lower. This limit applies however the claim arises and whether the claim is framed in contract, in tort or otherwise.

20. Indemnity

You agree to indemnify the company against a loss, a claim or a cost that arises from your breach of these terms, from the inaccuracy of information you supplied, or from your misuse of a lot note or a grade card. The company will tell you promptly about a claim that falls under this section and will allow you to take part in the defence where the law permits.

The company agrees to indemnify you against a loss or a claim that arises from its own breach of these terms or from a defect in a desk tool that it supplied. The same notice will be given, and the same right to take part in the defence will apply.

An indemnity under this section does not extend to a loss that the indemnified party could reasonably have avoided, and it is reduced where the indemnified party contributed to the loss.

21. Force Majeure

Neither party is liable for a failure to perform that is caused by an event outside its reasonable control. Examples include extreme weather, a natural disaster, an epidemic, a strike, a road closure, a failure of a public utility, a change in law and a failure of a supplier that could not have been avoided.

The affected party will tell the other promptly, will describe the event and its expected effect, and will use reasonable efforts to reduce the delay. If the event continues for a long period, either party may end the affected trade without penalty, after settling the costs that have already been incurred.

A force majeure event does not excuse a payment that is already due for work already completed.

22. Termination

Either party may end a trade in writing if the other party commits a serious breach and does not put it right within a reasonable period after notice. The company may also suspend a trade while a serious concern is examined, and it will explain the concern and the expected duration of the pause.

When a trade ends, the records that describe it are kept for the period required by the retention rules of the company. A partner receives a final copy of the records that describe its own lot, and the parties settle any amount still owing.

Sections that by their nature should survive termination, including those on confidentiality, intellectual property, liability and governing law, will continue to apply.

23. Governing Law

These terms are governed by the laws of China as they apply at the place of business of the company, and the courts of that place have jurisdiction over a dispute, unless the parties agree otherwise in a written contract for a particular trade.

Before starting a formal dispute, the parties will try to resolve the matter directly. A written notice that describes the concern and the remedy sought is the first step, and the other party will reply within a reasonable period.

If a provision of these terms is found to be invalid, the rest of the terms will remain in force, and the invalid provision will be read in a way that best reflects the intention of the parties.

24. Changes to These Terms

The company may update these terms from time to time. When it does, it will change the date at the top of the page and, where the change is significant, it will add a short note describing what changed.

A trade that has already been confirmed stays under the terms that applied when it was confirmed, unless both parties agree to apply the updated terms. A new trade is covered by the terms that apply when the order is accepted.

If you do not agree with an update, contact the desk before placing a new order and the parties can discuss the matter directly.

25. Contact

Questions about these terms can be sent to the desk at any time. The contract details are set out below.

For a question about a specific lot, include the lot number and the field name so that the desk can find the record quickly. For a question about the website, tell us the page and the time you visited it. The desk answers messages in the order they were received and aims to reply within two working days.