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CONTRACT, AGREEMENT,
TERMS & CONDITIONS OF SALES
1. GENERAL
(a)
"Vendor" refers to either Teesin Machinery (Pte) Ltd, as printed on the Invoice
and "Purchaser" means the person, firm or company whose purchase order has been
accepted by the Vendor.
(b) These conditions supersede any other terms and conditions appearing in the
Vendor’s catalogues,this website or elsewhere and shall apply to all quotations made
or purchase orders accepted by the Vendor and shall form part of the contract between the
Vendor and the Purchase ("the contract"). These conditions shall override any
conditions stipulated, incorporated or referred to by the Purchaser whether in its
purchase order in any negotiations or any qualification thereof shall nor form part of the
contract.
(c) The descriptions and illustrations contained in catalogues, price lists, website
and other leaflets or descriptive matter belonging to the Vendor. The materials are
intended merely to present a general idea of the goods described therein. None of these
materials shall form part of the contract and no report, representation or statement made
by any representative of the Vendor not contained herein shall be binding on the Vendor.
(d) The Purchaser shall not assign this contract without the written consent of the
Vendor.
2.
VALIDITY
All quotations of offer of the Vendor
are opened for acceptance for the period stated therein or when no period is stated,
within seven (7) days only after the date of the quotations or offers.
3. SURCHARGE
There shall be a surcharge of SGD$20/- to SGD$200/- per equipment when equipment send
to Vendor to quote for service and repair but does not engage the Vendor’s service.
However, the surcharge is waived once the Purchaser engages the Vendor’s service for
the quoted equipment. Additional necessary parts shall be quoted if the parts are found
vital to ensure the quality of the service job in the later stage of servicing.
4. PRICES
All prices quoted by the Vendor are based on the
costs of material, labour, transport and statutory obligations, rates of exchange, freight
and insurance ruling at the date of the contract. The prices of goods may be varied by
additions upwards by the Vendor if between that date and the date on which the goods are
ready for delivery there shall be any increase in such costs and the Purchaser shall pay
such additions in addition to the quoted price.
5 TERMS OF PAYMENT
(a) Unless otherwise specified, payment must be
made in full for any goods on presentation of invoices. Purchaser agrees to pay a late
payment interest of the higher of the rate of 12% per annum and the rate per annum which
is equal to 2% above the Standard Chartered Bank prime lending rate from time to time from
the due date of payment to date of actual payment. When deliveries are spread over a
period, each delivery shall be invoiced when dispatched and each invoice shall be treated
as separate account and payable accordingly.
(b) If the Purchaser fails to make any payment in accordance with
these conditions or fails to comply with any provisions of these conditions the Vendor may
without prejudice to any of its rights cancel any undelivered portion of the goods.
(c) The Vendor reserves the right to discontinue the service and
supply of goods to Purchaser should no payment received after 120 days upon date of
invoice or the Purchaser has exceeded the credit facility given by the Vendor.
(d) The Vendor, at its own discretion, may commence legal
proceeding for the recovery of payment should no payment received after 60 days upon date
of invoice.
6. DELIVERY
(a) The Vendor will use its best endeavor to complete
delivery of the goods within the periods stated but shall not be liable for damages or
otherwise for failure to do so from any cause whatsoever beyond the control of the Vendor.
Delays however caused shall not be a ground for cancellation or variation of the contract
by the Purchaser.
(b) Delivery of goods shall be taken by the Purchaser within
seven (7) days of the issue of the Vendor’s Delivery Order. If for any reasons
whatsoever the Purchaser fails to take delivery of the goods within the aforesaid period
the Vendor shall be entitled to resell the same at the Purchaser’s risk debting it
the expenses and any loss incurred on such resale and the Purchaser upon demand being made
for payment of such expenses and loss shall forwith pay the same.
(c) Goods sold are not returnable or exchangeable.
(d) Vendor, at its own discretion, shall not release the goods
for cash term transaction if no payment is received upon delivery of goods
7. WARRANTY
(a) All claims for incomplete deliveries must be made in
writing within three days after goods have been received, failing which all deliveries and
services shall be assumed to be correct and in goods order.
(b) Goods sold by the Vendor are guaranteed against any defects
arising under proper use from faulty design, materials or workmanship for a period of
Three (3) months from date of sale. The Purchaser must notify any warranty claims in
writing.
(c) Any spare parts replaced in repairing or servicing the
equipment send by Purchaser to Vendor are only guaranteed against any defects a under
proper use from faulty design, materials or workmanship for a period of Seven (7) days
from date of delivery. The Purchaser must notify any warranty claims in writing.
(d) Vendor’s obligations under this guarantee limited to the
replacement or the repair of defective parts at its own discretion provided always that
such parts are promptly returned to the Vendor. All defective parts replaced under
warranty shall remain the property of the Vendor.
(e) The Vendor shall not be held liable for any consequential
damage, either direct or indirect, or for loss of profits in case of any failure of the
goods sold, including delay in replacing a defective part.
(f) All wear and tear parts are not given any warranty or
guarantee by the Vendor.
8. PACKING
Unless otherwise specified, packing cases and
packing materials will be charged extra.
9. RESERVE OF PROPERTY
The property in and ownership of the rental
goods to the Purchaser remain vested with the Vendor. The Purchaser shall be held
responsible for the maintenance and safety aspects of the rental equipment.
10. NO WAIVER OR CONDITIONS
Failure by the Vendor to insist upon strict
performance of the terms and conditions herein shall not constitute waiver of such terms
and conditions.
11. STORAGE
If the Purchaser shall fail to accept any delivery of the
goods, the Vendor may at its discretion arrange for the storage of the goods and or take
all reasonable steps to prevent their deterioration. The Purchaser shall pay all charges
for storage and insurance and other costs incurred or connected therewith to the Vendor on
demand. All such storage shall be effected at the sole risk of the Purchaser.
12. IMPORT & EXPORT PERMITS AND
DUTIES
All import or export permits and licenses and the payment of
all import or export duties and customs fees shall be for the account and the sole
responsibility of the Purchaser.
13. FORCE MAJEURE
(a) The Vendor shall not be liable for loss, damage or delay
directly or indirectly arising or resulting from any of the following causes or perils
whatsoever or wheresoever occasioned viz Acts of God, arrests and restraints of princes,
rulers or peoples, force majeure, riots and civil commotions, unavailability of raw
materials, strikes, lock-outs, or other labour disturbances, fire, war, perils of the sea,
delays in transit and other causes of perils whatsoever beyond the Vendor’s control.
(b) If delivery of the goods or any of them shall be delayed on
account of any of the causes set out above the time for delivery shall be extended until
the operation of the causes preventing delivery has ceased or at the option of the Vendor
the contract may be cancelled either altogether or if the contract has been partly
performed in respect of the unperformed part.
(c) In case of such cancellation as aforesaid or in case the
contract shall be impossible of performance then it shall be treated as rescinded and the
Vendor shall be paid by the Purchaser on a quantum merit basis and as if the goods
actually delivered were the only goods subject to the contract and neither party shall
have any claim against the other in respect of damages compensation or otherwise.
14. GOVERNING LAW
This contract shall be governed by the laws of Singapore.
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