Terms and Conditions

GENERAL CONDITIONS OF SALE

1. Definitions

In these conditions the expression "The Company" is 'Burkert Singapore Pte. Ltd. and all reference to the Customer are to the person, company or corporation placing the order.

2.  General

These conditions shall govern any sale of goods or services by the Company to the exclusion of any other terms of conditions except such as are approved in writing by a Manager, Director, or other authorized officer of the Company.

3. Prices

The Company reserves the right to vary prices (whether specifically quoted or otherwise) to take account of increases the cost of raw materials, manufacture, packing, transport, wages, variations in rates of exchange, import duties, freight or insurance, such increase shall be borne by the Company.

Unit Prices are exclusive of GST (or other tax, duty, tariff or charge) arising in Singapore, and are, unless otherwise agreed, ex-warehouse, Carriage and excessive packing extra.

4. Quotations

Any quotation made by or order received through the Company's representatives or agents is not binding upon the Company until it has been respectively confirmed or accepted in writing by the Company.

Quotations are based upon the Company's current price levels and it owing to alterations in the cost of materials, in wage rates or in other expenses the price level of the relevant goods is revised, the prices chargeable shall be those ruling at the date of dispatch.

5. Delivery dates

The time of delivery stated takes effect on the day the acknowledgement of order is dispatched. The time of delivery stated is approximate and may not be deemed to be binding unless explicitly stated otherwise. The Company shall not be liable in any circumstances whatsoever for delay or failure to deliver the goods of effect work. When a delay in the delivery or effect work is a consequence of circumstances beyond the Company's control, the Customer is not entitled to cancel the order.

Whether the quotation includes work on site or only skilled supervision the necessary fuel, water, lighting, power, air and storage accommodation required by the company shall be provided by the Customer at his own cost unless otherwise agreed.

The delivery of one instalment delivered under this order shall be considered as a separate order. Default in delivery of any instalment shall not enable the Customer to treat the order as repudiated. Any goods not taken by the Customer of this order as herein specified may be sold by the Company for the account of the Customer.

Delivery must be taken within seven days of the issue of a delivery order or written advice of arrival, otherwise the Customer will become liable for storage charges. All payments for goods to be delivered in instalments to be made on due date otherwise the Company may at its discretion refuse to deliver further instalments until such payments be made.

6. Risk

The risk of the goods passes to the Customer in accordance to INCOTERM 2010 Rules.

7. Acceptance

The Customer must inspect the goods before signing the delivery order. After acceptance of a delivery order by the Customer he will be deemed to have accepted the goods. Claims must be notified within eight days from receipt of the goods, otherwise goods will be considered accepted.

8. Claims

No claim will be recognized by the Company unless made within eight days after the Customer has been notified of the arrival of the goods at port of destination nor shall any claim be made after delivery has been taken by the Customer or his sub-purchasers, unless otherwise stated in this order.

9. Disputes

Should the goods or any part thereof be damaged in transit or before delivery or the inferior as regards quality, condition, shade or color, dimension, packing or be otherwise not in accordance with the order, the Customer shall not be at liberty to reject same but an allowance shall be made on account thereof and in case of dispute as to such allowance the Company and the Customer shall accept as final and binding on both parties decision of two arbitrators appointed by Singapore International Chamber of Commerce.

In case of disputes, any Chinese or other characters, except signatures, added to the text in this order, will not be valid, the English text alone binding both parties.

10. Payment

Invoices shall be paid within thirty days from the receipt without deduction of any discount unless otherwise agreed. Interest will be levied for late payment at the rate of 1% per month on the total invoice value. Any deposit paid by the Customer to the Company under this contract is to be counted as a portion of the payment when the Customer has fulfilled his part of this order, but should the Customer fails to fulfill same then the deposit money is to be forfeited to the Company as compensation for losses or damages arising therefore. If the deposit is not sufficient to cover the damages the Company may claim further compensation. GST is payable at the same time as the due date of the invoices.

11. Lien

The Company and the Customer expressly agree that until the Company has been paid in full for the goods comprised in this or any other sales contract between them, any goods comprised in this contract remain the property of the Company. In addition to any right of lien to which the Company may be by law entitled, the Company shall be entitled to a general lien on all goods of the Customer in his possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the Customer by the Company or any other monies owing by the Customer to the Company upon this or any other order or contract.

Without prejudice to the Company's right to interest for late payment as stipulated in Condition 10 above and any other rights to which the Company may be entitled to at law or under this contract, if this contract is cancelled for any reason whatsoever or this invoice is not paid in full within ninety days from the date of receipt of the goods by the Customer, whichever is the earlier, the Company may at the Company's absolute discretion, in the absence of a judicial ruling to the contrary, repossess the goods that have not been paid for.

12. Warranty

The Company does not warrant the suitability, performance, adequacy, quality or fitness of any of the goods and Customer shall be deemed to have satisfied himself as to the suitability, performance, adequacy, quality and fitness of the goods upon acceptance of the goods by the Customer.

13. Guarantees

No guarantees are given by the Company in respect of the goods or service specified in this order unless such guarantee is added as a special condition hereto.

In the goods covered by this order consist of any goods of a perishable nature the Company will use every endeavor to select and deliver goods of the quality specified but shall not be responsible for the condition of the goods on arrival.

14. Liability

All goods are supplied on the condition that under no circumstances shall the Company be liable for

1. any damage or loss caused in transit and not covered by the Company's transport insurance policy
2. any personal injuries and/or damages to objects, machines, equipment and building
3. any consequential losses arising out of incorrect advising by the Company or incorrect supplies or by faults and defects in goods supplied by the Company, and in such cases the Company may at the Company's absolute discretion either take back the goods supplied and refund the purchase price or replace the goods. In the event that the Customer fails or refuses to take delivery of and/or accept the goods after ordering the same for any reason whatsoever other than 14(iii) above, the Customer shall nevertheless be deemed to have taken delivery of and accepted the goods seven (7) days after delivery or attempted delivery of the goods by the Company and the Company shall be entitled to forthwith exercise all or any of the Company's rights of law and under this contract as if the Customer had in fact taken delivery of and accepted the goods.

15. Refusal

If there shall be more than one order or contract existing between the Customer and the Company and the Customer shall fail to carry out any of the terms of this order, the Company shall be at liberty to refuse to carry out any such other order until the Customer has complied with the terms of this order and the Company is also at liberty to utilize the margins or remaining orders or contracts for the fulfillment of this particular order.

16. Under/over deliveries

The Company may deliver an excess or deficiency of up to ten per cent of the order and payment shall be made pro rata to contract price.

17. Designing and tooling

The Customer shall pay the cost of any design or any tools specially brought or made for the purpose of the contract. Such designs and tools shall despite such payment remain the property of the Company, which shall keep them in reasonable repair but may dispose of them if they have not been used for two years.

The Customer agrees to take good care that those designs, models or whatever are not being duplicated, showed to or put at the disposition of third parties, otherwise the Customer will become liable for damage charges.

18. Force Majeure

Any circumstances of any kind whatsoever beyond the control of the Company interfering with the production, delivery or transit of the goods and/or any part thereof shall release the Company from the responsibility for the whole or any part of the contract and the Customer shall have no claim for damages in respect thereof.

Any such delay as aforesaid shall not invalidate the contract or any part thereof still to be fulfilled. No claim shall lie against the Company in respect of any loss suffered by the Customer.

19. Governing Law

Unless otherwise specifically agreed in writing, this contract shall be governed by and construed in all respects in accordance with the laws of Singapore. The Customer hereby irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore. The Customer further irrevocably consents to the service of process out of the aforementioned courts or the courts of any jurisdiction in which any action in respect of this contract is brought, by the mailing of copies thereof by registered or certified prepaid post to the Mortgagor at the Mortgagor's address specified in this invoice (or at the Mortgagor's last address known to the Company) such service to be deemed effective 14 days after such mailing. Nothing herein shall affect the right to serve process in any other manner permitted by law.