1. Conditions applicable
(a) These conditions embody the entire understanding of the parties in respect of the sale of goods by the Seller to the Buyer. There are no promises, terms, conditions or obligations, oral or written, expressed or implied other than those contained in this document. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing and signed by or on behalf of all parties.
(b) Payment by the Buyer of the price (or any part thereof) of the goods or the deposit shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
Any deposit paid by Buyer shall be forfeited to the Seller if the Buyer fails, for whatever reasons, to accept or take delivery of the goods or to complete the purchase.
3. Payment to be made before delivery is due
The Seller shall not be bound to deliver the goods until the Buyer has paid for them. Payment shall be due before the delivery date and time for pay ment shall be of the essence.
4. No exchange or cancellation
Goods ordered and/or sold are not subject to exchange or cancellation unless agreed in writing by the Sellers.
5. Delivery of the goods
(a) Any time or date named by the Seller for delivery is given and intended as an estimate only. The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
(b) Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them promptly), the Buyer shall be bound to accept delivery.
(c) Delivery of the Goods shall be made to the Buyer’s address set out overleaf. The Buyer shall make all arrangement necessary to take delivery of the goods whenever they are tendered for delivery.
(d) On the agreed date of delivery, should the Buyer be unable, for whatever reasons, to take delivery of the Goods, the Buyer agrees to pay monthly storage charges equivalent to 10% of the price of the Goods. The Seller shall be entitled to resell the Goods after giving one-week notice to the Buyer to take delivery of the Goods.
(e) The Buyer agrees that after the agreed date of delivery when the Seller is ready to deliver but the Buyer is unable to take delivery of the Goods, the risk in the Goods shall pass to the Buyer and the Seller shall not be liable for any damage howsoever caused to the Goods.
6. Acceptance of the goods
(a) The Buyer shall inspect the Goods on delivery and shall within 24 hours of the delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or sample. The Buyer shall afford the Seller an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If the buyer shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the goods and the Buyer shall be deemed to have accepted the goods.
(b) If the goods are not in accordance with the contract for any reason, the Buyer’s sole remedy shall be limited to the Seller making good any defect, shortage or damage by replacing such goods or, if the Seller shall elect, by refunding a proportionate part of the price.
(c) The Seller’s liability to the Buyer, whether for any breach of the contract or otherwise, shall not in any event exceed the price of the goods and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Buyer or liability to third parties incurred by the Buyer.
7. Passing of property
The property in the goods shall pass on delivery of the goods.
Where the Seller provides or performs any services for, or gives advice to the Buyer in relation to the goods sold, whether at the request of the Buyer or otherwise, the following conditions shall apply:
(a) The Buyer agreed to pay for the services or advice to be rendered by the Seller. The amount of fees payable shall be determined by the Seller and no services or advice will be rendered until the Buyer agrees to pay the amount so fixed by the Seller.
(b) where it is necessary to return the goods to the Seller for the purpose of carrying out any services, The Seller shall not be bound to re-deliver the goods to the Buyer until the service charges have been fully paid up. The Seller shall not be liable for any damage howsoever caused to the goods when the goods are in the Seller’s possession. The Seller shall be entitled to resell the goods in the event that the Buyer fails or neglects or refuses to pay for the service charges.
9. Legal costs
The Buyer agrees to pay the Seller, on a full indemnity basis, all legal costs and expenses which the Seller may incur in enforcing any of the conditions herein or in suing the Buyer for any unpaid price of the goods.
10. Governing law
The contract shall be construed and governed by the laws of Singapore. The parties hereby irrevocably submit to the jurisdiction of the courts of Singapore.