Terms and Conditions
"The Company" means ALAGAS NETWORK PTE. LTD. or the AlagasNet entity otherwise identified on the face of this document.
"The Purchaser" means the person, firm or company to be supplied with the goods and services by the Company.
"Goods" means the goods, materials and/or other items and any Services to be supplied pursuant to the Contract.
"Services" means the services to be supplied pursuant to the Contract.
"The Contract" means the contract for sale and purchase of the Goods and supply of the Services made between the Company and the Purchaser to which these Conditions apply.
These Conditions apply to all sales of Goods and supplies of Services by the Company and shall prevail over any terms or conditions referred to in the Purchaser's order or in correspondence or elsewhere unless specifically agreed to in writing by the Company and expressed to form part of the Contract and any conditions or stipulations to the contrary are hereby excluded or extinguished.
3.1. Order placed by purchaser is deemed an offer to purchase products from the Company.
3.2. The Company has absolute discretion to reject order without any reason
3.3. Order is accepted when the Purchaser received payment confirmation.
3.4. The Purchaser cannot cancel any order once accepted by the Company
3.5. The Company reserve the right to refund the price of any products for which the Purchaser has paid (in lieu of delivery or supply of such products), even after the Company has sent an email informing order has been accepted and payment has been received.
4.1. Unless the prices quoted are stated to be fixed the prices payable for the Goods or Services shall be those charged by the Company at the time of despatch or supply of the Services so that the Company shall have the right at any time to revise quoted prices to take account of increases in cost including (without limitation) costs of raw materials or labour and any variation in exchange rates.
4.2. Quoted prices for the Goods are "ex-works" and otherwise specified, exclusive of Goods and Services Tax and other duty levy or tax assessed against the Goods or Services by any Government or other authority.
5.1. Delivery or performance dates mentioned in any quotation or acceptance form or elsewhere are approximate only and not of any contractual effect, and time for delivery shall not be made of the essence by notice. The Company shall not be under any liability to the Purchaser in respect of any delay in delivery howsoever arising.
5.2. In the event of the Purchaser returning or failing to accept any delivery of the Goods in accordance with the Contract the Company shall be entitled at its option to invoice the Purchaser for such Goods and either to deliver and invoice the Purchaser for the balance of Goods then remaining undelivered or to suspend or cancel further deliveries under the Contract. The Company shall be entitled to store at the risk of the Purchaser any Goods which the Purchaser refuses or fails to accept and the Purchaser shall in addition to the invoice price pay all costs of such storage and any additional costs or carriage incurred as a result of such refusal or failure. The Company shall be entitled after the expiration of 3 months from the date upon which the price became payable to dispose of the Goods in such manner as the Company may determine.
5.3. Unless otherwise specified delivery shall be "ex-works" so that the Goods shall be deemed to have been delivered and the risk therein to have passed to the Purchaser upon the Company notifying the Purchaser that the Goods are available for collection.
5.4. Unless otherwise expressly agreed the Company may effect delivery in one or more instalments. Where delivery is effected by instalments each instalment shall be treated as a separate contract.
5.5. If the Contract involves more than one delivery and any default is made in payment the Company shall have the right to suspend all or any further deliveries pending payment or to terminate the Contract in its entirety by notice in writing to the Purchaser.
6. SELF COLLECTION
6.1. You may collect your stocks after receiving email notification usually on same or next working day.
6.2. Collection will be subjected to stock availability.
6.3. Please present your Order email/print out and NRIC/Photo ID/Password to our staff upon collection of your items for verification purpose.
6.4. Should there be another person who is collecting on the Purchaser behalf, an authorised letter (individual) or organisation stamp (corporate) have to be presented at the point of collection. We may request a copy of Order email/print out and authorised person's NRIC/Photo ID/Passport for verification purpose.
7.1. The Company shall not be liable for any visible defects or non-conformities and/or for any shortage in the quantity delivered unless a claim in writing shall have been received by the Company from the Purchaser within 7 days of delivery of the Goods. Where liability for any shortage is accepted by the Company, the Company's only obligation shall be to make good such shortage.
7.2. The Company warrants that (subject to the other provisions of these Conditions), for a period of 12 months (or, in the case of software, 30 days) from delivery, the Goods will be free from material defects in material and workmanship and materially in accordance with the specifications provided by the manufacturer of the Goods.
7.3. The Company will perform the Services with reasonable skill and care.
7.4. The Company makes no warranty that software will operate uninterrupted or error-free.
7.5. The warranties in Condition 7.2 do not cover wear and tear and shall not apply to Goods which have been subjected to misuse or abuse, neglect, accident, damage, improper storage, improper installation or maintenance.
7.6. Subject to Conditions 7.4 and 7.5, if the Goods do not comply with the warranties in Condition 7.2 the Company shall at its option replace or repair such Goods free of charge or refund the price of such Goods provided that, if the Company so requests, the Purchaser shall, at the Purchaser's expense, return the Goods or the part of such Goods which is defective to the Company. The Purchaser's exclusive remedy for the Company's breach of the warranties under Condition 7.2 will be the Company's obligation to repair, replace or refund (in all cases at the Company's option). The Purchaser shall proceed exclusively and directly against the manufacturer of the Goods at the Company's request. Any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
7.7. Without prejudice to Condition 7.6, the Company's maximum aggregate liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser whether for tort (including negligence or breach of statutory duty), breach of contract (including deliberate, repudiatory breach by the Company), misrepresentation, restitution or otherwise shall in no circumstances exceed 50% of the cost of the relevant Goods or 50% of the cost of the relevant Services which give rise to such liability, as determined by the net price invoiced to the Purchaser
7.8. The Company shall not be liable to the Purchaser for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract, whether such loss or claim was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence and breach of statutory duty), indemnity or otherwise.
7.9. Subject to the foregoing all conditions, warranties, representations and other terms expressed, implied, by statute, common law or otherwise are, to the fullest extent permitted by Singapore law, hereby excluded.
7.10. Nothing in this Condition 7 or otherwise in the Contract, excludes or limits the liability of the Company (a) for death or personal injury caused by the Company's negligence; or (b) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or (c) for fraud or fraudulent misrepresentation.
7.11. Risk of loss and damage of the products passes to the Purchaser on delivery. The Company shall retain title to the products until such time as payment in full (including delivery charges) has been effected.
The Purchaser represents and warrants that it will not violate Singapore, U.S., E.U., or other applicable local country export-related laws with respect to the Goods.
9. LICENCES AND CONSENTS
9.1. The Contract is conditional upon the obtaining of all licences or consents necessary for its performance (other than for the importation of the Goods by the Purchaser) in which connection the Purchaser shall sign all such forms and documents and render such other assistance to the Company as may be necessary.
9.2. The Purchaser shall obtain at its own expense any licence or consent required for the importation of the Goods by the Purchaser and if necessary or so required, shall produce evidence of the same to the Company on demand.
10. FORCE MAJEURE
10.1. The Company shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of the Goods or Services by the Company being prevented, hindered or delayed by reason of any force majeure circumstances.
10.2. In this Condition "force majeure circumstances" shall mean any act of God, riot, strike, lock-out, trade dispute or labour disturbances, accident, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, material or transport or other circumstances whatsoever outside the control of the Company affecting the provision of the Goods or of raw materials therefor by the Company's usual source of supply or the manufacture of the Goods by the Company's normal means or the delivery of the Goods by the Company's normal route or means of delivery.
The failure on the part of either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
Any notice required to be given hereunder in writing shall be deemed to have been duly given if sent by courier or recorded delivery addressed to the party concerned at its principal place of business or last known address.
Headings to any of these Conditions are included to facilitate reference only and shall not affect the construction hereof.
If any Condition of the Contract (or part of any Condition) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that Condition or part-Condition shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other Conditions shall not be affected.
15. GOVERNING LAW
The Contract shall be governed by and construed and interpreted in accordance with the laws of the Republic of Singapore and for the purposes of settlement of any disputes arising out of or in connection with the Contract the parties hereby submit themselves to the exclusive jurisdiction of the Singaporean Courts.
16. TYPE OF SALES TRANSACTION
These General Conditions of Sale do not apply to email or phone transactions. Other media used by the Purchaser to enter such electronic orders contain their own specific general terms & conditions.
Revised 24 November 2016