Terms of Service

1. Acceptance Of These Terms

By accessing this website or by instructing Long Creation Machines Overseas Co., Limited to carry out work, you confirm that you have read and accepted these Terms of Service. If you do not accept them, please do not use the website and do not engage our studio. If you accept on behalf of a company, you confirm that you have authority to bind that company to these terms.

These terms apply together with any written quotation, project agreement or statement of work that we issue. Where a conflict arises, the signed project document prevails over these general terms, and these general terms prevail over any document issued by the client, unless we have expressly agreed otherwise in writing.

2. Definitions

In these terms, the words below carry the following meanings. The Company means Long Creation Machines Overseas Co., Limited. The Client means the person or organisation that engages the Company. The Services means the design, drafting, integration, commissioning and support work described in a quotation or project agreement. Deliverables means the drawings, programs, documentation, configuration and records produced for the Client. Site means any premises where the Company performs survey, installation, commissioning or support work.

References to writing include email. References to a day mean a calendar day unless a working day is specified. Headings are for convenience and do not affect interpretation.

3. Our Services

The Company provides computer integrated systems design services. These include control system schematics, PLC and HMI integration, sensor network design, machine interlock engineering, data logging backends, and commissioning and site support. The scope of any particular engagement is defined by the quotation or project agreement that the parties accept.

Our method is drawn first, wired second, proven on site. We prepare drawings before hardware is finalised, we test logic and screens before they reach the floor, and we prove each loop during commissioning. The Client acknowledges that a control system is a technical instrument that depends on the equipment, the process and the site conditions, and that no design can guarantee an outcome that lies outside its defined scope.

We may use subcontractors or suppliers for particular tasks, and we remain responsible for the work we have agreed to perform.

4. Engagements And Quotations

A quotation issued by the Company is an invitation to engage our services on the stated scope and is valid for the period shown on it, or for thirty days if no period is shown. An engagement begins when the Client accepts a quotation in writing or when the Company begins work at the Client request.

Quotations are based on the information available at the time. If a survey reveals that the equipment, the site or the requirement differs materially from the information provided, the Company may revise the quotation and the schedule before proceeding. We will explain any revision and its cause.

Estimates of effort or duration are given in good faith but are not guarantees unless the quotation expressly says that a figure is fixed.

5. Client Responsibilities

The Client agrees to provide accurate and timely information about the equipment, the process, the site and any relevant safety requirements. The Client agrees to give the Company reasonable access to the Site during agreed hours, to arrange any necessary permits or escorts, and to make available a person who can answer technical questions during survey and commissioning.

The Client is responsible for the condition of the Site, for the safety of persons at the Site, and for ensuring that existing equipment is safe to work on. The Client must disclose any known hazard, including electrical, mechanical, chemical, thermal or structural hazards, before work begins. The Client must also ensure that any third party equipment we are asked to interface with is in a lawful and functional state.

The Client is responsible for backing up its own data before any change is made to a system, unless the Company has agreed in writing to perform that backup.

6. Fees And Payment

Fees are set out in the quotation or project agreement. Unless stated otherwise, invoices are payable within thirty days of the invoice date. The Company may request a deposit before beginning design work, and may invoice progress payments at agreed milestones such as drawing issue, panel integration and commissioning.

Fees are exclusive of taxes, duties and third party costs such as hardware, travel and shipping, unless the quotation states that these are included. Where the Company pays a third party cost on behalf of the Client, it may recharge that cost plus any agreed handling fee.

Late payment may attract interest at a reasonable rate and may cause the Company to suspend work. If an invoice remains unpaid, the Company may retain Deliverables until payment is received, subject to the Client right to use drawings for equipment already commissioned where a separate written arrangement provides for it.

7. Scheduling And Site Access

Commissioning and support visits are scheduled by agreement. The Client agrees to provide access at the agreed time and to ensure that the equipment is available for testing. If a visit must be cancelled or rescheduled, the Client should give reasonable notice so that the engineer can be redeployed. A visit cancelled at short notice or made impossible by site conditions may be charged as if the work had been performed.

Where production must stop for commissioning, the Client is responsible for planning that interruption and for informing its own staff and customers. The Company will work to the agreed window and will report any delay that is outside its control.

8. Drawings And Intellectual Property

The Company retains ownership of its underlying methods, templates, standards, libraries and drawing conventions. The Client receives a licence to use the Deliverables for the purpose of operating, maintaining, repairing and extending the system described in the project agreement. This licence is perpetual once fees for the relevant Deliverables are paid, and it is limited to the Client own facilities unless the project agreement says otherwise.

The Client may not resell the Deliverables as a design product, publish them for commercial gain, or represent them as its own work without written permission. The Client may copy the Deliverables as needed for maintenance, and may share them with a contractor who is working on the Client own system under a duty of confidence.

Where the Client supplies drawings, specifications or software, the Client confirms that it has the right to share them and grants the Company a licence to use them for the project.

9. Deliverables And Acceptance

The Company issues Deliverables in the formats described in the project agreement. Each schematic set carries a revision identity, and each change becomes a new revision rather than an erasure of the old. The Client is asked to review Deliverables and to raise comments within a reasonable period. If no comments are received, the Deliverables are treated as accepted for the purposes of proceeding.

Commissioning is complete when the agreed test cycle has run, the safety functions have been proven, and the commissioning record has been signed by the parties or their representatives. Handover includes an as-built revision and a support contact. Acceptance of one Deliverable does not waive the Client right to raise a defect that could not reasonably have been discovered at the time.

10. Changes To Scope

If the Client asks for a change to the agreed scope, the Company will describe the effect on fees and schedule and will proceed once the Client approves the change in writing. Changes may arise from new equipment, revised process requirements, a safety review, or a site condition discovered during commissioning.

Unapproved changes that are implemented at the Site by others may affect the integrity of the system. The Company is not responsible for the performance of a system that has been modified without its involvement, and may decline to warrant such a system until it has reviewed the modification.

11. Confidentiality

Each party agrees to keep confidential the non public information of the other that is disclosed in the course of the engagement, and to use it only for the project. This obligation does not apply to information that is already public, that is lawfully received from another source, that is independently developed, or that must be disclosed by law or by a regulator.

The Company holds Client drawings, process details and site information in confidence and shares them only with team members and suppliers who need them for the project. Where a supplier must see confidential material, the Company will share the minimum necessary.

The confidentiality obligation survives the end of the engagement for a reasonable period.

12. Safety And Site Conditions

Safety is a shared duty. The Company will work safely, will follow site rules, and will test safety functions as part of commissioning. The Client remains responsible for the overall safety management of the Site, for isolating energy sources when required, and for ensuring that the Site complies with applicable law.

Where the Company observes a condition that appears unsafe, it may stop work and report the condition. The Client agrees to address such a condition before work resumes. The Company will not commission a machine in a manner that it believes would defeat a guarding or emergency stop function, and will record any such disagreement in writing.

13. Warranties And Disclaimers

The Company warrants that it will perform the Services with the reasonable skill and care expected of a competent computer integrated systems design studio, and that the Deliverables will materially conform to the agreed scope at the time of handover. This warranty runs for ninety days from the date of handover unless the project agreement states a different period.

Except as stated above, and to the extent permitted by law, the Services and Deliverables are provided without further warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non infringement. The Company does not warrant that a system will be free of interruption, that a particular production figure will be achieved, or that third party equipment will perform as its maker claims.

Nothing in these terms excludes any warranty or right that cannot lawfully be excluded.

14. Limitation Of Liability

To the extent permitted by law, the total liability of the Company arising out of or in connection with an engagement, whether in contract, tort, negligence, breach of statutory duty or otherwise, is limited to the fees paid by the Client for the Services giving rise to the claim.

The Company is not liable for indirect, incidental, special, consequential or punitive loss, for loss of profit, loss of production, loss of data, loss of business or loss of goodwill, however caused. The Company is not liable for the acts or omissions of third parties, for equipment supplied by others, or for the consequences of a modification made without its involvement.

These limits reflect the allocation of risk between the parties and apply even if a limited remedy is found to have failed its essential purpose.

15. Indemnity

The Client agrees to indemnify and hold harmless the Company against claims, losses and expenses arising from the Client site conditions, from equipment or software supplied by the Client or its other contractors, from the Client failure to disclose a known hazard, or from the Client use of the Deliverables outside the agreed scope or licence.

The Company agrees to indemnify and hold harmless the Client against claims that the Company own methods or templates, used as intended, infringe the intellectual property rights of a third party. In such a case the Company may modify the affected material or provide a substitute, or if neither is practical, it may end the affected portion of the engagement and refund the fees paid for it.

16. Termination

Either party may terminate an engagement by written notice if the other party commits a material breach and fails to remedy it within a reasonable period after being asked, or becomes insolvent or unable to perform. The Client may also terminate for convenience by written notice, in which case the Client pays for work performed, for commitments made to suppliers, and for any non cancellable costs incurred up to the date of termination.

On termination, the Company will hand over Deliverables for which fees have been paid, and will return or delete Client confidential material as the Client instructs, subject to any legal retention duty. The sections dealing with confidentiality, intellectual property, liability, and governing law survive termination.

17. Acceptable Use Of This Website

You agree to use this website lawfully and not to interfere with its operation. You must not attempt to gain unauthorised access to any part of the site or its supporting systems, introduce malicious code, scrape the site in a way that burdens our servers, or use the site to send unlawful or misleading material through our contact form.

The content of this website is provided for general information. While we keep it accurate to the best of our ability, it is not professional advice for a specific machine or site, and it does not create an engagement. You should contact the studio before relying on any statement here for a particular project.

18. Third Party Materials And Links

This website may refer to third party products, standards or services, and may link to external pages. Such references are provided for convenience and do not imply endorsement. The Company does not control third party sites and is not responsible for their content, availability or privacy practices.

Where a project uses a third party product, the terms of that product maker apply, and the Company is not responsible for the maker warranty or support, although we will help the Client raise a concern where it is reasonable to do so.

19. Force Majeure

The Company is not liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, severe weather, epidemic, war, civil unrest, industrial action, failure of a utility or transport network, or an act of government. If such an event occurs, the Company will notify the Client and will resume performance as soon as it reasonably can. If the event continues for an extended period, either party may terminate the affected portion of the engagement.

20. Governing Law And Disputes

These terms and any engagement under them are governed by the laws of Hong Kong. The parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong, without prejudice to any mandatory consumer protection right that may apply where the Client is a consumer.

Before starting formal proceedings, the parties agree to try to resolve any dispute through good faith discussion, including a meeting between senior representatives if the matter is significant. This step does not prevent either party from seeking urgent relief where it is necessary.

21. Changes To These Terms

The Company may update these terms from time to time. The version in force for an existing engagement is the version accepted when the engagement began, unless the parties agree in writing to apply a newer version. The current version always applies to use of this website.

When we change these terms, we revise the date at the top of this page. We encourage you to read the page when you begin a new project.

22. Contact Information

Questions about these Terms of Service may be sent to the studio by email at info@longcreationmachines.mom or by telephone on +85244170919. Our full address is shown below.