Terms of Sale
AddThis Social Bookmark Button

TERMS & CONDITIONS OF SALE

The Terms & Conditions herein forms an integral Part of all TETRAFLOW PTE LTD quotations, contracts, invoices and delivery order relating to deliveries and services to the PURCHASER named in the TETRAFLOW PTE LTD's quotations, contracts, invoices and delivery order.

 

1. GENERAL

(a) In these conditions, "Vendor" means TETRAFLOW PTE LTD and "Purchaser" means the person, firm or company whose order has been accepted by the Vendor.

(b) The Vendor shall sell and the Purchaser shall purchase the goods in accordance with any written quotation of the Vendor which is accepted by the Purchaser, or any written order of the Purchaser which is accepted by the Vendor, subject in either case to these conditions, and to paragraph (c) below.

(c) 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 in its purchase order or in any negotiations.

(d) The description and illustrations contained in the 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 these shall form part of the Contract and no report, representation or statement made by any representative of the Vendor not contained herein shall be binding on the Vendor.

 

2. PRICES

(a) All quotations of the Vendor to the purchaser is open for acceptance by the Purchaser for the period stated therein or when no period is stated within thirty (30) days form the date of the quotations, after which time they may be altered by the Vendor without giving notice to the Purchaser.

(b) The Vendor reserves the rights to increase the price of their goods and services at any time prior to delivery to the purchase of the Vendor's goods and services to reflect any increase in the cost to the Vendor which is due to any factor beyond the control of the Vendor such as but not limited to, any foreign currency fluctuations, increase in costs of labour, transport materials or other cost of manufacture, etc.

 

3. TERMS OF PAYMENT

(a) Cheques are to be crossed and made payable to "TETRAFLOW PTE LTD" and no official receipt will be issued for payments.

(b) For export orders, terms of payment stated in invoices will apply.

(c) Unless otherwise specified, payment must be made in full for any goods within (30) days of the date of the Vendor's invoice. The time of payment shall be of the essence of the Contract. When deliveries are spread over a period, each delivery shall be invoiced when dispatched and each invoice shall be treated as a separate account and payable accordingly

(d) 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 shall be entitled, without prejudice to any of its rights, to:-

(I) cancel the Contract or suspend any further deliveries to the Purchaser;
(II) appropriate any payment made by the Purchaser to such of the goods as the Vendor may think fit (not withstanding any purported appropriation by
the Purchaser); and
(III) charge the Purchaser interest on the amount unpaid at the rate of 1% per month from time to time from the due date of payment to date of actual payment.

 

4. DELIVERY

(a) Delivery of the goods shall be made by the Purchaser collecting the goods at the Vendor's premises at any time after the Vendor has notified the Purchaser that the goods are ready for collections or, if some other place for delivery is agreed by the Vendor delivering the goods to that place.

(b) Any date quoted for delivery of the goods are approximate only and the Vendor shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence unless previously agreed by the Vendor in writing.

(c) If the Purchaser fails to take delivery of the goods or fails to give the Vendor adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Purchaser's reasonable control or by reason of the Vendor's fault) then without prejudice to nay other right or remedy available to the Vendor, the Vendor may sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the Contract or charge the Purchaser for any shortfall below the price under the
Contract.

 

5. WARRANTY & LIABILITY

(a) All claims for incomplete deliveries must be made in writing within seven (7) days after the goods have been received, failing which all deliveries and services shall be deemed to be correct and in good order.

(b) Where any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods is notified to the Vendor in accordance with these, the Vendor shall be entitled to replace the goods (or the part in question) free of charge, but the Vendor shall have no further liability to the Purchaser.

(c) The vendor shall not be liable to purchaser in any way whatsoever and however if the goods and services supplied have been altered,improper handled treated or processed by the Purchaser and/or its workers and agent supplied.

(d) The Vendor makes no warranty of the suitability of use in respect of the goods and/or services supplied to the Purchaser. The Purchaser is expected to have fill knowledge of the suitability of use of the goods and/or services supplied by the Vendor at the Purchaser's request.

(e) The Vendor shall have no liability whatsoever and howsoever arising from any direct, indirect, special or consequential damages (including but not limited to loss of profits) incurred or may be incurred by the Purchaser or any third party, even if it has been advised of the possibility of such damages.

(f) In the event that the Vendor shall be held liable for whatever reason or nature (including but not limited to direct damages), the Vendor's total liability in this context shall not exceed the price paid by the Purchaser for the goods and services supplied by the Vendor.

 

6. RETENTION OF TITLE

Unless otherwise stated, the title of the Vendor's goods as listed in the invoice and/or delivery order shall not pass to the Purchaser until the Vendor has received the payment in full (including any accrued late-payment interest thereto) of the price of the goods. Until payment is made full by the Purchaser, the Vendor shall be at liberty to repossess and dispose (by way of resale or otherwise) all or any part of the goods in which title remains vested in the Vendor. In this context, the Purchaser shall hold the goods as the Vendor's fiduciary agent and shall keep the goods proper stored, protected and insured.

 

7. NO WAIVER

Failure by the Vendor to insist upon strict performance of the terms and conditions herein shall not constitute waiver of such terms and conditions.

 

8. FORCE MAJEURE

(a) 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, namely Acts of God, arrests and restraints of princes, rulers or people, riots and civil commotions, unavailability of raw materials, strikes, lock out, or other labour disturbances, fire, war, perils of the sea, delays in transit and other causes whatsoever beyond the Vendor's control.

(b) If deliver 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.

(c) 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.

 

9. SEVERANCE

If any term or provision in these conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of these conditions and the enforceability of the remainder of these conditions shall not be affected.

 

10. GOVERNING LAW

Unless otherwise stated, the laws of the Republic of Singapore shall apply.

 
Blk 1092, Lower Delta Road,
#06-16, Singapore - 169203
(65) 6896 7568
Copyright © 2011 Tetraflow Pte Ltd Co. Reg No. 200513222Z.