1. General
1.1. Vendor means “Multico Equipment & Parts Pte Ltd (UEN 198003836G)” and “Purchaser” means the person, firm or company whose purchase order has been accepted by the vendor.
1.2. These conditions supersede any other terms and conditions appearing in the Vendor’s catalogues or elsewhere and shall apply to all quotations made or purchase orders accepted by the Vendor and shall form part of the contract between the Vendor and the Purchaser (“the Contract.”)
These conditions shall override any conditions stipulated, incorporated or referred to by the Purchaser whether in its purchase order in any negotiations or any qualification thereof shall nor form part of the contract.
1.3. The descriptions and illustrations contained in catalogues, price lists and other leaflets or descriptive matter belonging to the Vendor are intended merely to present a general idea of the goods described therein and none of the these shall form part of the contract and no report, representative or the Vendor not contained herein shall be bonded on the Vendor. Further, no modification of or addition to or waiver of any of the terms and conditions hereof will be effective unless agreed to in writing by us.
1.4. The Purchaser shall not assign this contract without the written consent of the Vendor.
2. Validity
2.1. In the event that no date was explicitly stated in the quotation or offer, the standard validity will be 14(fourteen) days from the date of the quotation.
3. Prices
3.1. Prices quoted by the Vendor are based on the costs of material, labour, transport and statutory obligations, rates of exchange, freight and insurance ruling at the date of the contract, and may be varied by additions upwards by the Vendor if between that date and the date on which the goods are ready for delivery there shall be any increase in such costs and the Purchaser shall pay such additions in addition to the quoted price.
4. Delivery
4.1. The Vendor will endeavour to complete and fulfil the delivery of the goods within the period stated but shall not be liable for damages or otherwise for failure to do so from any cause whatsoever beyond the control of the Vendor. Delays however caused shall not be a ground for cancellation or variation of the contract by the Purchaser.
4.2. The goods will be delivered by the Vendor to the Purchaser at the address stated in the contract, provided that from the time of despatch thereof from the Vendor’s premises and until such delivery the risk of any loss or damage to or deterioration of the goods from whatever cause shall be borne by the Purchaser.
4.3. Delivery of the goods shall be taken by the Purchaser within 14(fourteen) days of the issue of the Vendor’s Delivery Order. If for any reason whatsoever the Purchaser fails to take delivery of the goods within the aforesaid period the Vendor shall be entitled to resell the same at the Purchaser’s risk debiting it the expenses and any loss incurred on such resale and the Purchaser upon demand being made for payment of such expenses and loss shall forthwith pay the same to the Vendor.
4.4. Testing and commissioning shall commence no later than 3(three) months starting from the delivery date. Failure of which shall render the warranty, as stated in clause 6 below, null and void.
5. Terms of Payment
5.1. Unless otherwise specified, payment must be made in full for any goods on presentation of invoices. Purchaser agrees to pay a late payment interest of 1(one percent) % per month.
5.2. If the Purchaser fails to make any payment in accordance with these conditions or fails to comply with any provisions of these conditions the Vendor may without prejudice to any of its rights cancel any undelivered portion of the goods and deposit will be forfeited.
5.3. Deposits paid for a particular contract shall not be transferable or offset/contra for another contract and/or other outstanding payments due to Vendor.
6. Warranty
6.1. Unless explicitly stated in our documents, the equipment would carry the standard manufacturer’s warranty of 1(one) year/ 1,000(one thousand) running hours upon commissioning or 12(twelve) months upon site delivery, whichever occurs first against manufacturing defects.
6.2. Vendor’s obligations under this guarantee are limited to the replacement or the repair of defective parts at its own discretion, provided the notice of such defect is given to us within 7(seven) days from occurrence date and the article is returned to us within a period of 60 days from date of occurrence. Cost of returning the goods (including taxes, duties and handling) to our plant in respect of an article, whether for breach of warranty, negligence in manufacture, installation, or otherwise, will be totally buyer’s responsibility and, upon the expiration of the approved period all such liability on the part of the manufacturer will cease.
6.3. The Vendor shall not be held liable in any event for any indirect, special, incidental or consequential damages, including but not limited to costs of processing, lost profits or injury to goodwill, resulting from the Vendor’s performance or failure to perform hereunder or the order or use of its product sold herein, whether arising from breach of contract, breach of warranty, non-conformity to ordered specifications, defects of any kind, delay in delivery, any negligence on the part of the Vendor, any loss sustained by the Purchaser or otherwise.
6.4. Purchaser shall take delivery of purchased goods within 14(fourteen) days after completion of the Factory Acceptance Test / Commissioning. If the purchaser fails to accept said delivery or ownership of the goods, the vendor may, at its discretion, arrange for the storage and / or take all reasonable steps to prevent the deterioration of the said goods. All charges for the storage, deterioration preservation, insurance, as well as other associated costs incurred or connected therewith shall be paid by the purchaser to the vendor on demand. All storage shall be effected at the sole risk of the purchaser.
7. Tax
7.1. The Government have implemented the Goods and Services Tax with effect from 1st April 1994. The said tax is borne by Purchaser on local purchases within Singapore and is calculated by reference to the amount of goods supplied, services rendered and any other sums payable by Purchaser to the Vendor. The Vendor, as collecting agent for the Government, shall collect the said tax from Purchaser in the manner and within the period in accordance with the applicable laws and regulations. Please note that GST on export sales (with proper export shipping, and custom documents submitted) is zero rated.
8. Packing
8.1. Unless otherwise specified, all packing cases/packing materials/container stuffing will be charged extra.
9. Cancellation
9.1. Orders, once accepted, are not subjected to cancellation without our written consent. Any deposit paid will be forfeited upon acceptance of the cancellation.
10. Retention of Title
10.1. The property in and ownership of the goods shall remain vested with the Vendor until full payment thereof has been made and prior thereto the Purchaser hereby declares itself to be a trustee thereto for the Vendor.
10.2. If the goods are sold by the Purchaser before full payment has been made such sale shall be as agent and for the account of the Vendor and the Vendor shall be entitled to the proceeds of such sale to the extent of any sums in respect of the goods due to it from the Purchaser.
11. Reserve of Property
11.1. The Vendor reserves the right to repossess goods supplied to Purchaser, should no payment be received upon the due date of the invoice or thereafter at Vendor’s discretion.
11.2. Should there be any outstanding payment, Vendor reserves the right to tow back all product without prior notice at any location and Vendor will not be liable for any losses caused by jobs delays.
12. No Waiver of Conditions
12.1. Failure by the Vendor to insist upon strict performance of the terms and conditions herein shall not constitute waiver of such terms and conditions.
13. Storage
13.1. If the Purchaser shall fail to accept any delivery of the goods the Vendor may at its discretion arrange for the storage of the goods and or take all reasonable steps to prevent their deterioration and all charges for storage and insurance and other costs incurred or connected therewith shall be paid by the Purchaser to the Vendor on demand. All such storage shall be effected at the sole risk of the Purchaser.
14. Import & Export Permit and Duties
14.1. All import or export permits and licenses and the payment of all import or export duties and customs fees shall be for the account and the sole responsibility of the Purchaser.
14.2. If after the date of the contract any tax, duty, tariff or any other such imposition is charged in respect of the goods before the time of delivery and, if such imposition has to be paid by the Vendor, then the Vendor may add the amount of such imposition to the price of the goods and the Purchaser shall pay the same.
15. Force Majeure
15.1. The Vendor shall not be liable for loss, damage or delay directly or indirectly arising or resulting from any of the following causes or perils whatsoever or wheresoever occasioned viz. Acts of God, arrests and restraints of princes, rulers or peoples, force majeure, riots and civil commotions, unavailability of raw materials, strikes, lock-outs, epidemics, or other labour disturbances, fire ware, perils of the sea, delay in transit and other causes of perils beyond the Vendor’s control.
15.2. If delivery of the goods or any of them shall be delayed on account of any of the causes set out above the time for delivery shall be extended until the operation of the causes preventing delivery has ceased or at the option of the Vendor the contract may be cancelled either altogether or if the contract has been partly performed in respect of the unperformed part.
15.3. In case of such cancellation as. aforesaid or in case the contract shall be impossible of performance then it shall be treated as rescinded and the Vendor shall be paid by the Purchaser on a quantum merit basis and as if the goods actually delivered were the only goods subject to the contract and neither party shall have any claim against the other in respect of damages compensation or otherwise.
16. Governing Laws
16.1. This contract shall be governed and bounded by the Laws of Singapore.
17. Arbitration
17.1. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
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