TERMS AND CONDITIONS OF SALE
The following terms and conditions (“Sale Terms”) shall apply to all sale transactions by Genesis Cool (“Seller”) to a buyer (‘Buyer”). By accepting based on the Seller’s Quotation, the Buyer is deemed to have accepted these Sale Terms.
1. QUOTATION AND PRICES
The Seller reserves the right to withdraw and cancel any Quotation that is not signed for and returned to the Seller within fourteen (14) days from date of issue. Prices quoted are subject to change without notice and any orders for future delivery shall be billed in effect of the current prices.
2. DELIVERY AND RISK OF LOSS
All deliveries and installation date and/or time are estimate only and are subject to change by the Seller at any time. The Seller shall not be liable for any loss suffered by the Buyer arising from the delay in deliverance of the products and/or services. Further, the Buyer shall not be entitled to refuse acceptance the delivery of the order in such event. Risk of loss or damage shall pass to the Buyer when the products are delivered to, accepted or deemed accepted by the Buyer.
3. PAYMENT
The Seller shall invoice the Buyer upon delivery of the Products and/or Services, whether in whole in parts as specified in the Seller’s Quotation. The Buyer shall pay the amount according to the payment terms specified in the Seller’s Quotation without any counter claims or deductions. All Sale Transactions are Cash and/or Cheque on Delivery (“COD”).
4. DELAYS
The Seller shall not be liable for any delay or failure to deliver which is not within its reasonable means. In addition, performance of orders and contracts are subject to and contingent upon directly or indirectly caused by, or in any other manner arising from floods, fires, accidents, riots, acts of God, war, government interference, embargoes, priorities, regulations, orders and restrictions, strikes, labour shortage, fuel, power, material or supplies, transportation delays, the Agent’s production schedules, or any other causes beyond the Seller’s control (“Force Majeure Event”) and the Seller would not be liable for any loss or damage suffered by the Buyer arising there from. The Seller shall have the right, in the event happening of the above contingences to cancel the Buyer’s order, or any part thereof without any resulting liability.
5. CANCELLATION
The Buyer shall not cancel any orders without the consent of the Seller, if given shall be deemed on the condition that the Buyer shall reimburse the Seller against any loss arising from the cancellation. The Buyer may request for a reasonable change or variation to the confirmed Quotation prior to the delivery/installation date, provided such change or variation are formally accepted by the Seller in writing.
6. WARRANTY
The manufacturer/distributor of the products (“Warrantor”) provides warranty in regards to defects which may arise in the products. The Seller shall have no liability to the Buyer in regards to any defects covered by the warranty. The Buyer shall only have right against the Warrantor in respect of defects subject to the terms of the said warranty. The Seller warrants installation for a period of one (1) year from the date of installation to be free from defects in materials and workmanship. This clause does not cover defects or damage in products and/or installation due to misuse, improper maintenance or any other causes other than ordinary normal usage of the products.
7. OWNERSHIP
Notwithstanding delivery and passing of the risk in the products, the ownership of the products shall not pass to the Buyer but shall be withheld by the Seller until the full purchase price of the order/orders have been paid by the Buyer to the Seller in full.
8. GOVERNING LAW
All these Sale Terms shall be governed by and constructed according to the laws of Singapore.