The conditions of sale stated herein shall be an integral part of any Contract resulting from a purchase order placed upon CM Specialist Pte Ltd. Any statement made on any form issued by Buyer shall not operate to defeat the intent of these conditions unless specifically agreed upon in writing by us.
Our quotations is valid for acceptance for the period stated therein or, when no period is so stated, within 30 days only from the date thereof.
a. An order must be accompanied by sufficient information to enable us to proceed with the order forthwith, Otherwise
we shall be at liberty to amend the contract prices to cover any increase in cost which has taken place after order acceptance.
b. Cancellation of the whole or part of any order will not be accepted unless we agree in writing, we reserve the right to impose a cancellation fee or forfeit the deposit on any cancelled goods.
3. PRICE BASIS
a. DELIVERED: Prices quoted includes transport and insurance to point of delivery specified in quotation.
b. EX WORK: Prices quoted as at factory without packing and transport.
c. FOB: Prices quoted included loading in the works, packing for transport where required, however exclusive of costs of storage, handling, demurrage or similar charges, import duties and custom fees.
4. TERMS OF PAYMENT
Payment must be made in cash on presentation of invoices or on notification of availability of goods in Singapore and are ready for dispatch.
5. RESERVATION OF OWNERSHIP
a. Ownership of the goods constituting the delivery shall be transferred to the Buyer only on receipt of all payments.
b. In case of any act or omission by the customer in breach of these conditions, particularly delay in payment, we shall be entitled to recover the goods after giving due notice, and the Buyer will be obligated to surrender the goods to us upon receipt of such notice.
We shall be entitled to insure the goods being delivered at the Buyer’s expense against theft, fire, water damage and other risks unless it can be shown that the Buyer has taken out such insurance.
7. DELIVERY PERIOD
a. Execution of the order shall be from the date on which we accept your deposit and on which we received all the information and drawings necessary to enable us to begin production.
b. Should dispatch be delayed at the request of the customer or for other reasons for which he is responsible, then we shall be entitled, commencing 1 month after notification of readiness for dispatch, to invoice for payment.
c. Delay in delivery shall not entitle Buyer to cancel an order.
8. LIABILITY OF DEFECTS
We warrants all products manufactured by us shall be free from defects in material and workmanship in the goods delivered limited as follows:-
a. We shall either replace or repair, as we decide, any such product, component, or part thereof within 12 months from date of delivery.
b. No liability is accepted for loss or damage arising from inadequate preventative maintenance, normal wear and usage, improper use, faulty installation, unsuitable foundation, unsuitable working materials, attack and deterioration under unsuitable environmental condition, Act of God, insofar as they are not our fault.
c. This warranty is void If any of our software programs or equipment with which it is used is modified by Buyer.
d. We accept no liability what so ever for the consequences of measures or repairs undertaken by the Buyer or any third
party without our previous consent, or in the event of abuse.
e. The warranty period for replacement and repair is 3 months but shall continue at least until the expiry of the original warranty period for the goods supplied.
f. We shall under no circumstances be liable to pay more than the agreed purchase price of the goods by way of the goods by way of compensation damages or losses.
a. Any specifications, plans, drawings, patterns or designs supplied by us in connection with contract shall remain our copyright and property All information derived from this contract shall be regarded as secret confidential and shall not, without the consent in writing by us, be published or disclosed to any third party, or made use by Buyer except for the purpose of implementing the contract.
b. As a customer, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently
recorded or fixed, but CM retains title and ownership of the SOFTWARE recorded on the original disk copy(ies) and all subsequently copies of the SOFTWARE regardless of the form or media in or on which the original and other copies may exist. This is not a sale of the original SOFTWARE or any copy.
This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE including SOFTWARE that has been modified, merged, or included with other software, or of the written materials Is expressly forbidden. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE or written materials without the prior written consent of CM.
In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis.
In the event you commit an act of bankruptcy or being a company commit an act in respect of which a petition for a winding up order may be presented or If a petition for voluntary winding up is brought against you, we may forthwith by giving notice to you in writing suspend our performance of the contract by you or by any person in whom the contract may become rested we may terminate the contract. In either case we shall be entitled to the amount of any loss, damage or expense we suffer as a result of the aforementioned event.
11. FORCE MAJENRE
Neither party shall be considered in default in performance of obligations hereunder to the extent that performance of such
obligations, or any of them, is affected by Force Majeure shall include, but not be limited to, hostilities, restraint of rulers or peoples, revolution, civil commotion, strike, epidemic, accident, fire, flood, wind, earthquake, explosion, blockade, or embargo, lack of or failure of transportation facilities or any law, proclamation, regulation or ordinance, demand or requirement of any Government of any Government or Government agency having or claiming to have jurisdiction over the work or with respect to materials purchased for the work, or over the parties hereto, or any Act of God, or other act of Government, or any cause whether of the same or different nature existing or future, which Is beyond the control and without the fault or negligence of the parties hereto.
The construction, validity and performance hereof shall be governed by the Laws of the Republic of Singapore and all controversies and claims arising out of or relating to this sales contract, or the breach thereof, shall be settled solely by arbitration in accordance with the provisions of the Arbitration Act held in Republic of Singapore.