Terms of Service
These terms govern the cooperation between Manta Personal Care & Cosmetics (Nanjing Manta New Material Co., Ltd.) and its customers, covering ordering, customization, quality assurance, and dispute resolution.
Cooperation Scope
These Terms of Service ("Terms") govern all commercial transactions between Nanjing Manta New Material Co., Ltd. ("Manta," "Supplier") and any individual, company, or entity ("Customer," "Buyer") that places an order or enters into a supply agreement for Manta's silicone ingredient products.
- Formulation chemists & R&D laboratories
- Cosmetics brands & brand owners
- OEM / ODM contract manufacturers
- Procurement departments & CDMOs
- Authorized distributors & trading companies
- Silicone Resins & Film Formers
- Silicone Elastomers & Powders
- Silicone Emulsifiers & Waxes
- Volatile & Functional Silicone Fluids
- Base Dimethicone & Gum Blends
By placing an order, submitting a purchase order, or executing a supply agreement referencing these Terms, the Customer acknowledges having read, understood, and agreed to be bound by all provisions herein. These Terms supersede any prior verbal agreements and take precedence over Customer's standard purchase terms unless otherwise agreed in writing.
Order Rules
Minimum Order Quantity (MOQ)
(per grade)
& elastomers
(negotiated)
Orders below the applicable MOQ may be accepted at Manta's discretion and may be subject to a small-order surcharge. MOQ thresholds for specific product lines are confirmed in the product quotation.
Payment Terms
T/T in advance
CoA issued
paid; goods released
- Accepted currencies: USD, EUR, CNY. Bank charges are borne by the Customer.
- LC at sight (Documentary Letter of Credit) accepted for orders exceeding USD 50,000, subject to prior approval.
- Invoices not settled within the agreed period may accrue a late payment fee of 0.05% per day on the outstanding balance.
- Prices quoted are EXW Nanjing unless otherwise specified in the sales confirmation.
Lead Time
Lead times commence upon deposit clearance and written order confirmation. Manta will notify the Customer of any delay exceeding 5 business days from the confirmed ship date. Force majeure events (§ 5.3) are excluded from lead time commitments.
Customization Terms
Sampling & Development Fees
Custom development fees are non-refundable regardless of whether the Customer proceeds to a commercial order. Manta retains all intellectual property in the resulting formulation unless a separate IP assignment agreement is executed.
Tooling & Mold Ownership
Where an order requires dedicated tooling, molds, or proprietary packaging dies to be fabricated at Manta's facility or a designated third-party manufacturer, the following ownership rules apply:
Tooling fully paid by the Customer becomes Customer property upon settlement. Manta retains custody for production use. The Customer may request return or transfer upon 60 days' written notice, subject to outstanding balance clearance.
Tooling funded by Manta remains Manta's sole property at all times. The Customer acquires no ownership rights. Exclusive use may be negotiated via a separate tooling exclusivity agreement.
Quality & After-Sales
Goods Inspection & Acceptance
The Customer shall inspect all delivered goods within 14 calendar days of receipt ("Inspection Period"). Inspection shall cover quantity, packaging integrity, and conformance to the CoA parameters specified in the order confirmation.
Goods not rejected in writing within the Inspection Period are deemed accepted. Acceptance constitutes the Customer's confirmation that goods conform to agreed specifications.
Written rejection must include batch number, quantity affected, specific non-conformance, and supporting analytical data. Rejected goods must remain in original, unmodified condition.
Product Warranty
Manta warrants that most products conform to the agreed TDS specifications for 12 months from the date of manufacture, when stored under recommended conditions (sealed, away from direct sunlight, at 5-35 °C and ≤ 70% RH).
Upon confirmed non-conformance within the warranty period, Manta's liability is limited to one of the following remedies at Manta's election:
The warranty does not cover defects arising from improper storage, unauthorized blending or modification, use beyond the recommended shelf life, or application inconsistent with Manta's published TDS guidance. Manta's total warranty liability shall not exceed the invoice value of the affected batch.
Breach of Contract & Dispute Resolution
Customer Breach
The following actions constitute a material breach by the Customer, entitling Manta to suspend shipment, cancel outstanding orders, and/or pursue damages:
In the event of cancellation after production commencement, Manta may retain the deposit and invoice the Customer for documented production costs incurred up to the cancellation date, not to exceed the full order value.
Supplier Breach & Liability Cap
Where Manta fails to deliver conforming goods within 30 days of the confirmed ship date without a valid force majeure claim, the Customer may elect to:
Cancel the order and receive a full refund of all amounts paid, within 14 business days.
Accept a revised delivery schedule with a penalty credit of 0.5% of the order value per week of delay, capped at 5%.
Liability Cap: Manta's aggregate liability under these Terms shall not exceed the total invoice value paid by the Customer for the order giving rise to the claim. Manta shall not be liable for indirect, consequential, or lost-profit damages.
Force Majeure
Neither party shall be in breach for delays caused by events beyond reasonable control, including natural disasters, pandemics, government actions, port closures, or raw material supply disruptions. The affected party must notify the other in writing within 5 business days of the event's onset. Force majeure exceeding 60 consecutive days entitles either party to terminate the affected order without penalty, with pro-rata refund of any prepaid amounts.
Dispute Resolution
Parties shall attempt good-faith resolution through direct negotiation between designated commercial representatives within 30 days of written notice of dispute.
If unresolved, either party may request mediation through the China Council for the Promotion of International Trade (CCPIT) Mediation Center, Nanjing branch. Costs are shared equally.
Disputes not resolved through mediation shall be submitted to binding arbitration under the rules of the China International Economic and Trade Arbitration Commission (CIETAC), seated in Nanjing. Proceedings shall be conducted in Chinese and English. The arbitral award shall be final and binding on both parties.
Governing Law: These Terms are governed by the laws of the People's Republic of China. Where parties have agreed to English as the transaction language, the English version of these Terms shall prevail in the event of any inconsistency with any translation.
By placing an order with Manta, the Customer confirms acceptance of these Terms in their entirety. These Terms may be updated periodically; the version in effect at the time of order confirmation governs that transaction.