1.
a. |
General
Supply of any of the services, equipment, material
or components described or referred to in the Company's
quotation at the quoted prices is expressly conditioned
upon the terms and conditions set forth below and, if
any, on the quotation. |
| |
|
| b. |
Any order for the supply
of or any direction to proceed with any such services,
equipment, material or components shall constitute assent
to the aforesaid terms and conditions, and a representation
that the Customer is solvent and will remain solvent. |
| |
|
2.
a. |
Warranty
The Company warrants to the Customer that the services
to be performed and the equipment, material and components
to be furnished hereunder will be free from defects in
material or workmanship and will be of the kind and quality
designated or specified in the contract.
PROVIDED always that where a particular brand of equipment,
material or components or method of work or design is
prescribed by the Customer, the Company shall not be responsible
nor liable, in any way whatsoever, for any defects in
equipment, material and components or any defect in or
faulty method of work or design so prescribed by the Customer,
whether or not such defects are apparent or visible. |
| |
|
| b. |
The warranty hereunder
with respect to each defect is conditional upon:
| - |
The defect becoming
apparent to the Customer within six months from
the date of completion of work by the Company; and |
| - |
The Company having
received written notice of the defect within one
month after the defect becomes apparent to the Customer.
The condition of any tests shall be mutually agreed
upon and the Company shall be represented at all
tests that may be made. |
|
| |
|
| c. |
If the services performed
or equipment, material or components furnished hereunder
do not meet the above warranty, and if the Customer promptly
notifies the Company, the Company shall thereupon correct
any defect, including non-conformance with the specifications,
either, at its option, by repairing, or by replacing at
its factory the defective work, equipment or components.
The liability of the Company under this warranty, or for
any loss or damage to the equipment whether the claim
is based on contract or negligence or on any other ground
shall not in any case exceed the value of the work awarded
to the Company nor shall the Company be liable for any
obligation liability claim or remedy from loss of use,
revenue or profit or for any other indirect incidental
or consequential loss. The Company does not warrant any
equipment, material or component designated or supplied
by the Customer. |
| |
|
| d. |
The Company makes no warranty
to the Customer for such services performed and the equipment,
material and components furnished which the Company deems
to the temporary or emergency services nor does the Company
make any warranty to the Customer for such services performed
where recommendations for the services provided made by
the Company are not accepted by the Customer. |
| |
|
3.
a. |
Patents
The Company assumes no obligations whatsoever to the Customer
with respect to patent risks. |
| |
|
| b. |
The Customer shall indemnify
the Company against all damages, penalties, costs and
expenses to which the Company may become liable if any
work done in accordance with the Customer's specification
and instructions involves an infringement of a registered
design or patent, trade mark or trade name. |
| |
|
4.
a. |
Delivery / Completion
Dates
Delivery or completion dates are approximately only and
are subject to prompt receipt of all necessary information
and instructions. |
| |
|
5.
a. |
Excusable Delays
The Company shall not be liable for any failure or delay
in delivery or in performance due to:
| - |
- Courses beyond its
reasonable control; or |
| - |
- Acts of God, acts
of the Customer, acts of civil or military authority,
priorities, fires, strikes or other labour disturbances,
floods, epidemics, war, riot, delays in transportation
or car shortages; or |
| - |
Inability on account
of causes beyond its reasonable control to obtain
necessary labour, material, components or manufacturing
facilities. In the event of any such delay, the
date of delivery or of performance shall be extended
for a period equal to the time lost by reason of
the delay. |
|
| |
|
6.
a. |
Payments
Payment of the contract price shall be as and when the
equipment, material or components are ready for delivery
at the Company's facility or as and when work is completed
at the Customer's premises and the Customer is given notice
hereof. In the event of delivery by installments, payment
shall be made on a pro-rata basis. |
| |
|
| b. |
Notwithstanding the foregoing,
the Company shall have the right, at any time, to require
full or partial payment of the contract price in advance. |
| |
|
| c. |
Payment should be made by
crossed cheque in favour of Tru-Marine Pte Ltd. |
| |
|
| d. |
Credit terms is 30 days.
Interest will be charged at 1% per month on overdue accounts. |
| |
|
| 7. |
Termination
In the event of bankruptcy or insolvency of the Customer
or in the event any proceeding is brought against the
Customer, whether voluntarily or involuntarily, under
any bankruptcy or insolvency laws, or in the event that
the Company is of the opinion that the financial stability
of the Customer is questionable or the Customer defaults
in any payment hereunder, the Company shall be entitled
to cancel any other then outstanding at any time and the
Customer shall be liable to reimburse the Company for
all costs, expenses, and losses incurred by the Company
as a result of such cancellation. |
| |
|
|
8.
a.
|
Title and Risk
The title and right of possession of equipment, material
or components repaired, inspected, maintained, modified,
and tested under the contract shall, subject to any applicable
lien rights of the Company and to its right of sale in
the event of nonpayment, remain with the Customer. |
| |
|
| b. |
Any equipment, material
or component held by the Company shall be at the sole
risk and expense of the Customer. The Customer shall be
solely responsible for arranging adequate insurance cover. |
| |
|
| c. |
Title to any equipment from
time to time loaned or hired to the Customer shall remain
with the Company. |
| |
|
| d. |
All scrap resulting from
the work shall be the property of the Company. |
| |
|
9.
a. |
Cancellation
The Customer may cancel this order only upon written notice
and upon payment of a reasonable and proper cancellation
charge prescribed by the Company. |
| |
|
10.
a. |
Assignment and Subcontracting
The Company shall have the right to subcontract any or
all of the work covered by the contract. |
| |
|
| b. |
Any assignment of this order
or any rights hereunder, by the Customer without written
consent of the Company, shall be void. |
| |
|
11.
a. |
Prior Agreement Superseded
This document contains the entire agreement of the parties
and no understanding, promise or representation, waiver,
alteration or modification of any of the provisions hereof
shall be binding upon the Company unless assented to in
writing by an authorized representative of the Company.
|
| |
|
12.
a. |
Proper Law
This agreement shall be governed by and construed in accordance
with the Laws of Singapore. |
