Terms & Conditions
Terms and Conditions of Sale
All prices for Supplies provided by the Company are in USD and are exclusive of GST and other duties and taxes and any applicable transport and handling charges which will be added at the time of dispatch and shall be payable by the Customer. Prices quoted are subject to variation in the cost of materials and labour and may be altered at any time before invoicing to reflect such variations. The Company has used all reasonable endeavours to ensure that prices for the Supplies are accurately set out in the Catalogue but these prices are not binding and the Company reserves the right to change its prices without notice at any time.
Any supply of Goods and the provision of Services to a Singapore address will be charged GST at the current rate if, in the case of Goods, the Goods are for subsequent export. Upon receipt of proof in accordance with the Goods and Services Tax Act (Cap. 117A, 1997 Ed), that the Goods have been exported, a credit note to the full value of GST will be issued. The direct supply of Goods to a non-Singapore address will be zero rated for GST purposes in accordance with the Goods and Services Tax Act (Cap. 117A, 1997 Ed).
All payments must be made in the currency billed on the original invoice. Unless otherwise agreed in writing, payment shall be TT in advance to process order. Orders will be canceled after 20 business days if funds have not been received. Customer is responsible for duties and taxes.
In the event of default in payment, the company reserves the right to suspend further deliveries and cancel orders until due payment is made, and to charge the customer interest on any amount outstanding at the rate of 2% per annum above the base rate of The Development Bank of Singapore Ltd. in force at the time when payment is due.
Minimum Order Change
The company reserves the right to apply a minimum order charge dependent on circumstances.
Where dispatch promises are given, the time quoted will commence from the date of receipt of a written order and will include only statutory working days. Time of delivery is not of the essence of the contract unless agreed and expressly stated so. Every effort will be made to fulfil delivery within the time quoted but the company shall not be liable to the buyer for any loss or costs resulting from late delivery. The Company reserve the right to levy delivery charges should exceptional economic conditions arise and dictate such action. Any request for proof of delivery must be requested within one calendar month of date of invoice.
Non-Acceptance of Goods
The buyer shall inspect goods immediately. Goods delivered but found by the buyer not to be of the standard required may be returned to the Company, only after the Company’s confirmation. The Company may accept the return of its standard products provided it is notified of the default within 10 calendar days of the date of invoice and goods are returned promptly in the original packaging, carriage paid and in new condition. Such returns must be accompanied by the original Iconnexion batch number and will be credited less a possible handling and re-inspection charge.
Damage or Shortage
Complaints as to goods received damaged or short must be made to the Company in writing within seven calendar days of receipts of goods. Failure to observe this notification, then the goods will be deemed to have been accepted as invoiced.
Loss in Transit
Liability for goods lost in transit will not be accepted unless both the carriers and the Company be advised in writing within 14 calendar days from receipt of invoice.
Retention of Title
Property in the goods supplied will not pass in law until payment for those goods has been received in full. Until payment in full, the customer shall hold and store at his own expense the goods on the Company’s behalf with licence to use the goods: such licence being revoked automatically on the insolvency of the customer or expressly by actual revocation. Upon such insolvency or revocation, the Company shall be entitled to enter the Customer’s premises, and remove goods to the value of all monies owed by the customer and used under the said licence (whether or not the same shall have been incorporated with other goods to from a new product PROVIDED THAT the goods are capable of removal and subsequent re-use) without prejudice to its right to sue non-payment. In the event of the Company exercising its right of removal it shall not be liable for any damage to the property or premises of the customer caused by such removal. Until payment in full the Company shall have a lien on all property of the customer in its possession.
Intellectual Property Rights
Intellectual Property Right (IPR) arising from research or development work required to be carried out by the Company in connection with the manufacture of goods shall be vested in the Company, unless agreed otherwise by both parties.
Fitness for Purpose
No warranty is given that the goods supplied are fit for any particular purpose, save insofar as such purpose is defined to the Company or the goods are supplied to the customer in the pursuance of a written request by the customer to supply goods for a particular purpose. Unless stated in the purchase contract, and specifically agreed by us, the purchaser shall be wholly responsible for ensuring that the products supplied are used in such a manner as to ensure compliance with Directives on Electro-Magnetic Compatibility such as Directive 89/336/EEC and/or its equivalent for Telecommunications Equipment.
Illustrations and Descriptive Matter
Descriptions, illustrations and specifications contained in the Company’s catalogues, price list and other advertising material are by way of identification only and are intended merely to present a general idea of the goods described therein. The use shall not in any circumstances constitute a trade by description.
Any conditions imposed by the purchaser which are at variance above will not accepted unless agreed by the Company in writing prior to its acceptance of the order. Unless otherwise agreed in writing the contract shall in all respects be construed and operated as an English Contract in conformity with English Law.
The Company shall not be liable for any damage, loss, cost, claim or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to the negligence of the Company, its employees, agents or subcontractors.
The Company does not exclude or restrict its liability for any matter for which it would be illegal for the Company to exclude or attempt to exclude its liability. Nothing in these Conditions of Sale excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
The Terms and Conditions may not be modified or cancelled without the Company’s written agreement. Accordingly, goods furnished and services rendered by the Company are sold only on the terms and conditions stated herein. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of Products. Notwithstanding any terms and conditions on Customer’s order, the information and conditions on the Credit Application are controlling over Customer and the Company. Any conflicting statements or terms listed on the Customer purchase orders, invoices, confirmations or other Customer generated documents, whether heretofore or hereafter submitted, are negated by submission of the Credit Application and the issuance of credit by the Company, and all different or additional terms and conditions contained in any Customer Documents are hereby objected to by the Company. The Company’s performance of any contract is expressly made conditional on Customer’s agreement to the Company’s Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by the Company. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer’s convenience only and shall not be deemed or construed to be acceptance of Customer’s terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall be deemed acceptance by Customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of the Company. The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Texas and the applicable laws of the United States.