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Qualification    

This instrument shall become a binding contract when
(a) Signed by the Seller,
(b) Signed by Buyer or Buyer retains same without giving the Seller written notice of any objection thereto within seven (7) days after Buyer's receipt thereof. The Buyer shall not have any reason whatsoever to cancel this Contract either in whole or in part except with the written consent of the Seller. Seller's agents shall have no authority to give such consent.
 

General    

Any circumstances of any kind whatsoever beyond the control of the Seller interfering with the products, system and sub-system designing, building, delivery or transit of the goods & professional services and or any part thereof shall release the Seller from responsibility for the whole or any part of this Contract and Buyer shall have no claim for damages in respect thereof.

Any such delay as aforementioned shall not invalidate this Contract or any part thereof still to be fulfilled. No claim shall lie against the Seller in respect of any loss suffered by the Buyer.

Delivery   

The Seller shall use best efforts to meet the completion date subjected to timely provision of information and support / site preparation required to complete the project. The Buyer shall be given reasonable notice should an extension of the completion date be required. Default in any partial delivery and system and sub-system commissioning shall not enable the Buyer to repudiate or cancel this Contract or reject delivery of goods & professional services. Any goods or professional services not taken by the Buyer during the continuance of the Contract as herein specified may be sold by the Seller for the account of the Buyer.

Unless otherwise stated, all sales are on ex-factory basis and delivery of services must be taken promptly upon receipt of such notification failing which the Seller shall impose storage and system and sub-system maintenance charges.

All payments for the whole or any partial delivery of the goods and professional services are to be made in due dates otherwise the Seller may at their discretion refuse to deliver further deliveries and performance of further professional services until such payments are made. Buyer must inspect the goods and verification and   commission the system and sub-system or the acceptance and approval of the professional services before signing the delivery order or professional service or performance order. After acceptance of a delivery order or professional service performance order by the Buyer, they will be deemed to have accepted the goods or the acknowledgment of the said performance or professional services.

Prices    

The goods supplied and the engagement of the professional services against this Order will be invoiced at the prices prevailing at the time of any increase, prior to delivery, customs duties, taxes, surcharges, variation of exchange rates or any other circumstances of any kind whatsoever beyond the control of the Seller and Buyer agrees to make good to the Seller the sum of such increase. The Buyer shall pay all duties or burdens imposed by the local appropriate authorities of the Buyer.

Payment   

This Contract is subject to strict adherence by the Buyer to all terms of payments. The Seller shall have the right to demand cash before delivery notwithstanding any agreement to the contrary.

Default In Payment   

In case of default in payments, the Seller shall reserve the right to call upon each and all the Directors or Partners of the Buyer’s company or firm who shall each be responsible in his own personal capacity for the full payment of this Contract. Any person or persons who signify this Contract on behalf of the company or firm shall be held individually and jointly and severally liable with such company or firm.

Late Payment   

For overdue payments, the Seller shall reserve the right to invoice the Buyer for the interest on the outstanding balance at the rate of 3.5% per month or as/and when define by Seller and the Buyer agrees to pay such interest charges. 

Claim   

No claim for the defective goods and the consultation and engaging of Inmac Singapore Pte Ltd professional services shall be entertained by the Seller unless made in writing within seven (7) days upon arrival of the goods and the performance of the professional services at the destination shown on the face hereof or at such places as designated by Buyer. The goods and services in respect of which any such claims is made shall be kept intact as delivered for a period of fourteen (14) days within which time the Seller or its agent shall have the right to attend and inspect same.

Any breach of this condition shall not entitle the Buyer to such claims. The Seller’s liability shall be strictly limited to replacement / repair of the defective goods and also to the troubleshooting of the system and sub-system, after such defective goods have been returned or to a reasonable depreciated refund paid by the Buyer to the Seller.

Arbitration  

The parties hereto irrevocably agree that each and every controversy or claim arising out in connection with or relating to this Contract, performance or breach thereof shall settled by arbitration in legal framework as defined in Republic of Singapore, one arbitrator each to be appointed by each party and in the event of these arbitrators not agreeing, an umpire shall be appointed. The unanimous decision of the two arbitrators or the decision of the umpire shall be final and legal binding on both parties.

Warranty   

The Buyer warrants that neither the products, system and sub-system, the consultation and engaging the performance of Inmac Singapore Pte Ltd professional services, parts manufactured, the use or sale by the Buyer of the goods and performance of professional services shall be an infringement of any patent, registered design, copyright or the industrial property rights in the goods, technology platforms, technology model, business model or the design thereof and the Buyer shall indemnify the Seller against any claims, legal suits, demands or costs which the Seller may incur or become liable for in consequence of any breach of this warranty by the Buyer.

Service & Maintenance 

Buyer for interest on the outstanding balance at the rate of 3.5 % per month and the Buyer agree to pay such interest charges. No claim for the defective goods and performance of services shall be entertained by the Seller unless made in writing within seven (7) days upon arrival of the goods and performance of services at destination shown on the face hereof or at such other places as designated by Buyer. The goods and performance services in respect of which any such claim is made shall be kept intact as delivered for a period of fourteen (14) days within which time the Seller or its agent shall have the right to attend and inspect same. Any breach of this condition shall not entitle the Buyer to such claims.

The Seller’s liability shall be strictly limited to replacement / repair of the defective goods and to the troubleshooting of the system and sub-system, after such defective goods and performance services have been returned or a reasonable depreciated refund already paid by the Buyer.

The parties hereto irrevocably agree that each and every controversy or claim arising out in connection with or relating to this Contract, performance or breach thereof shall settled by arbitration, one arbitrator each to be appointed by each party and in the event of these arbitrators not agreeing, an umpire shall be appointed. The unanimous decision of the two arbitrators or the decision of the umpire shall be final and binding on both parties.

The Buyer warrants that neither the parts manufactured by the Seller nor the use or sale by the
Buyer of the goods shall be an infringement of any patent, registered design, copyright or the industrial property rights in the goods or the design thereof and the Buyer shall indemnify the Seller against any claims, suits, actions, demands or costs which the Seller may incur or become liable for in consequence of any breach of this warranty by the Buyer.

The service and maintenance of goods and engagement to performance of professional services are not bounded by the Condition of Sales and will only be deemed effective, when the Buyer has signified the Service and Maintenance contract. The minimum period for the Service and Maintenance contract is one (1) year or 365 days.

Any performance of professional services at and on-site will be deemed not covered under our scope of work unless otherwise stated. Any site performance services and commissioning will be under separate clause and conditions.

Any external sourced equipments, hardware, and devices shall be limited to its own maker claim for warranty, service & support, and maintenance.