1. Definitions

In these Terms:

Including and similar words do not imply any limit;

‘Company’	us, we, our, means E Gen Pte Ltd
‘Contract’	means the agreement between the Company and you or the Buyer or the Client or the Customer who purchase or hire, goods or services from the Company made in accordance with clause 18 and comprising a Confirmed Order and these Conditions and Contracts shall be constructed accordingly
‘Loss’	includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
‘Parties’	or party means the individual or group or the Company, relating to the Contract or potential engagement of Services or purchase of Products from the Company
‘Personal Information’	means information about an identifiable, living person, and includes personal data, personally identifiably information and equivalent information under applicable privacy and data protection laws
‘Products’	or product means the Goods sold by the Company, including third party Goods as listed on the website
‘Service Terms’	or Terms or Terms & Condition means these terms and conditions titled Terms & Conditions
‘Services’	or service means the provision of the Company’s professional advice and means to provide, or a particular skill set which can be classified as professional
‘Underlying System’	means any network, system, software, data or material that underlies or is connected to the Website or Services or Products
‘Website’	means www.egeninc.com.sg
‘Working Day’	means weekdays, Monday to Friday, 09:00am to 07:00pm except weekends, Saturday or Sunday or Public Holidays or Eve of Public Holidays
‘You’	or Buyer or Client or Customer means you or where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that by agreeing to these Terms on that person’s behalf, that person is bound by these Terms

2. Service Terms Changes

2.1 We may change these Service Terms at any time by updating them on the Website or the Contract. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Service Terms. By continuing to access and use, you agree to be bound by the changed Terms.

3.  Your Obligations

3.1 You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.

3.2 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Service Terms, including any failure of a person who accesses and uses our Website or Services by using your ID.

3.3 The Company accepts no responsibility of any nature whatsoever for information or advice it supplies, where any data supplied by you is incorrect or where any assumption which the Company has made is unsuitable for your purposes. You are encouraged to raise with the Company any questions it may have.

3.4 Where required by applicable law, you shall be responsible for obtaining and maintaining all applicable licences, permits and registrations in connection with the import, handling, transportation, storage and use of the products.

4. Intellectual Property

4.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

4.2 No material from the Services or Products provided shall be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without our prior written consent. Graphics and images, including the logo and related images, are protected by copyright and may not be reproduced or appropriated in any manner without prior written consent.

4.3 Modification of any of the materials or use of any of the materials for any other purpose will be a violation of our copyright and other intellectual property rights.

4.4 Any unauthorised use of the materials provided in our Services or Products thereon is strictly prohibited. Unless otherwise with a written approval.

4.5 Other products and company names mentioned herein may also be the trademarks of their respective owners.

5. Personal Data Privacy Policy

5.1 Please refer to our extended Data Protection notice.

6. Reservations

6.1 Reservations means a primary check by you with the Company’s availability of our services or products, but it does not place either parties in obligation to complete the transaction.

6.2 Reservations have to be made in advance, with reasonable grace periods, at least 05-14 working days prior to the date of event or setup via email or the Website.

6.3 Any reservations made is only valid for 05 days, unless otherwise stated. Additional period can be requested by writing in to the coordinator or project manager in-charge.

6.4 Price quoted or offered in the reservation phase is an indicative estimate only and the Company reserves the rights amend accordingly to the changes or circumstances.

6.5 A confirmed reservation does not mean or can be a substitute for a confirmed booking.

7. Bookings

7.1 Bookings means you are requesting an offer from the Company and to check our availability of our services and products. It may or may not require an upfront payment subjective to the nature of the bookings and the selected services or products.

7.2 Bookings are based on first-come-first-serve basis with reference to the Company’s receiving end or processes by our coordinators.

7.3 Bookings is only confirmed or secured upon receiving a confirmation letter or email or an Invoice from the Company.

7.4 For bookings that requires upfront payment or deposits, the transaction have to be completed by the stipulated timeline with the transaction proof, otherwise it will be considered as an act to cancel.

7.5 Additional Terms & Conditions may be required for selected bookings and is a requirement for you to endorse as a Contract to the Company.

8. Last Minute Bookings or Changes

8.1 Last minute bookings or changes are subjective to availability and the Company’s confirmation. Additional charges or an express fee will be applicable, unless otherwise stated.

8.2 The Company will not be held liable to guarantee the similar quality on the services or products provided as advertised or proposed in the earlier stages for last minute bookings or changes. It is highly recommended for any requirements or requests to be stated in advance.

8.3 Last minute bookings or requirements will require you to make full or partial payment upfront, or a non-refundable deposit made payable to the Company prior to delivery or the setup, unless otherwise stated by a written consent from the Company.

 

 9. Quotation

9.1 The Quotations or Quote are description and information on the services and products that the Company is providing with an estimate. It is subjected to changes in accordance to your requirements and orders.

9.2 Any Quotations or Quote, estimate and/or advertised price shall be an invitation to treat and no binding Contract shall be created by placing an order on the Website or otherwise until the Company has acknowledge the order in writing and confirmed its acceptance of the order (Confirmed Order).

9.3 Any changes, including add-ons, services, special requirements, rentals, time extension, or other cost such as claims, allowance for meals, transportation, uniforms, early, late or overnight setups and others that are deem necessary, including rehearsal periods are subjected to additional charges and availability. The final price will be reflected in a revised Invoice.

9.4 You may be required to process additional Service Agreements, declaration forms, application forms, Contract(s), upfront payments and/or deposits if applicable for selected bookings. They are to be processed and completed as soon as possible within the stipulated timeline advise by the Company, unless otherwise stated.

10. Price

10.1 All price stated or offered at in Singapore Dollar currency, (SGD), unless otherwise stated.

10.2 The price will only cover what is stated or offered in the description of the Bookings or Quotations and are subjected to changes with accordance to the latest requirements or requests.

10.3 The price payable for the Services or Products shall, unless otherwise stated by the Company in writing and agreed on its behalf, be based on the prevailing price list of the Company effective at the date that the order is accepted and confirmed in writing by the Company.

10.4 Unless otherwise agreed in writing between you and the Company, the Company’s prices may be subject to variation to take account of variations in wages, materials or other costs since the date of the Company’s quotation or if no quotation is issued, the date of your booking or order.

10.5 The Company reserves the right to adjust the Invoice price payable by the amount of any increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be payable as if it were the original Contract price.

10.6 You have agreed to Section 32(3) of the Sale of Goods Act (Cap. 393) shall not apply to Products sent by the Company.

10.7 The Company has the right to Invoice you for the costs of any packaging, transportation, or any additional costs resulting from any other alteration made by you on or at the time of delivery or upon notification by the Company. Any such additional costs may be invoiced by the Company in Singapore Dollars or such other currency as the Company shall agree in writing.

11. Additional Costs

11.1 You agrees to pay for any loss or extra costs above the quoted price for the Services or Products which are directly or indirectly incurred by the Company through your instructions or lack of instruction or through failure or delay in taking delivery or through any act or default on your part or servants or agents.

12. Promotions

 12.1 From time to time, we may offer and/or co-sponsor contests, packages and games. Each of these activities shall be governed by specific rules accessible from the Website or marketing materials.

13. Invoice

13.1 Invoices will be sent via email or post to you as confirmation upon receiving the endorsed Quotation and other necessary documents or upfront payments.

13.2 A revised Invoice will be issued for any additional services or charges or changes in the total price.

13.3 Full payment will be required upon delivery or setup by any available payment methods as stated by the Company, unless otherwise stated.

14. Payment Terms

14.1 All payments due under any bookings, contracts or orders must be made by the stipulated timeline or within thirty (30) days of the date of Invoice from Company, unless otherwise stated. You will not be entitled to exercise any set off, lien or any other similar right or claim.

14.2 Payments are to be made payable to the Company via cash, cheque, PAYNOW or fund transfers:

1. Cheque Payable – E GEN PTE LTD
2. Fund Transfer – DBS Current Account: 201-900210-2
3. PAYNOW – Company Registration No.: 202011559W

14.3 Cheque payable, payment will require at least 03 working days for processing prior to the cut-off date for verification. Fund Transfer and PAYNOW, you are required to provide the transaction reference number for verification.

14.4 Credit payment or terms are on a case-to-case basis and are subjected to background checks and credit approvals. You will be required to complete the payment of the outstanding sum within the approve period or late interest fee of 7% of the outstanding amount will be imposed every 07 days thereafter, unless otherwise stated.

14.5 Non-refundable full payment will be required for Services or Productions that requires pre-payment services.

14.6 If Services or Products are delivered in instalments, the Company shall be entitled to Invoice each instalment as and when delivery thereof has been made and payment shall be due in accordance with clause 14.1 above in respect of each Invoice.

14.7 Any unsuccessful payment transactions will be considered as an act to cancel the bookings. The Company will reserve the rights to cease any operations or services rendering with immediate effect, with or without notice and will not be liable for any loss of any kind in the result of this action. Any outstanding fees or costs will still chargeable for the work done and opportunity cost loss by the Company.

14.8 Late payments will subject to an additional 7% – 15% late payment interest of the outstanding amount for every subsequent 07 days from the stated due date. The fee will be reflected in a revised Invoice with the Final Reminder Notice.

14.9 Additional fee will be imposed, of a minimum SGD 500.00 per month if the payment is delayed more than 60 days from the date of the initial Invoice issued. The Company will inform you of the additional fee chargeable via email or post.

14.10 The Company reserves the rights to prosecute and claim from you under the law of the Republic of Singapore for unpaid payments after the rentals or services rendered or products delivered without prior notice.

15. Delivery

15.1 The Company endeavours to deliver the Services and Products within the estimated delivery period specified its quotation or otherwise specified in writing by the Company, subject always to the availability. The estimated delivery period shall be calculated from the date of the acceptance by the Company of the your order, or the date of receipt of all necessary information to enable the Company to manufacture or procure the manufacture of the Products, whichever shall be the later. If no period is stipulated by the Company, then delivery will be such time after receipt of instructions as the Company thinks reasonable.

15.2 All times or dates given for delivery of Services or Products are given in good faith but without any responsibility on the part of the Company. Time of delivery shall not be of the essence of any Contract nor shall the Company be under any liability for any delay beyond the Company’s control.

15.3 Where Products are handed to a carrier for carriage to you or the Singapore port for export, any such carrier shall be deemed to be an agent of the Company and not you for the purpose of Sections 44, 45 and 46 of the Sale of Goods Act (Cap. 393).

15.4 No liability for non-delivery, loss or damage to the Products occurring post-delivery, or for any claim that the Products are not in accordance with the Bookings or Contract, will attach to the Company, unless claims to that effect are notified in writing by you to the Company (and in the case of claims for non-delivery, loss or damage with a copy to the carrier if the Company’s own vehicles have not been used to deliver the Products) within 01 day of delivery.

15.5 If you fail to give notice in accordance with clause 15.4 above, the Products shall be deemed to be in all respects in accordance with the Bookings or Contract and you shall be deemed to have accepted the Services or Products and shall be bound to pay for the same accordingly.

15.6 All requests for proof of delivery must be made within a period of 30 days following the date of Invoice.

15.7 You agrees that in the event of a valid claim for non-delivery, loss or damage to the Products and/or non-compliance with the Bookings or Contract, the Company may at its sole discretion either reprocess or replace the Products at its own expense but shall then be under no further liability in connection with such non-delivery, loss, damage, non-compliance or any kind.

15.8 If for any reason you are unable to accept delivery of the Services or Products at the time when have been notified as ready for delivery, the Company may at its sole discretion, store at the your risk and take all reasonable steps to safeguard and insure them at your cost, provided that you shall be immediately informed thereof.

15.9 The Company shall have the right to make delivery by instalments of such quantities of the Products and at such intervals as it may decide. Any defect in any instalment shall not be a ground for cancellation of the remainder of the instalments and you shall be bound to accept further deliveries thereof.

15.10 Deliveries are based with the assumption that the locations are of easy access or with lift access or are wheel-chair friendly for our trolley or wheeled-equipment movement. Otherwise, additional charges may incur depending on the labour and operation hours required. Any difficult access areas are highly recommended to be highlighted during the quotation phase to avoid high handling charges.

16. Service Agreement

16.1 Service Agreement serve as a contract between the Company and you. It has to be completed, endorsed with authorised full particulars, signature and official seal, and returned to the Company within the stipulated period or at least 07 working days prior to the date of delivery or setup.

16.2 Service Agreement does not replace or supersede the Service Terms unless otherwise stated and approved by both parties in writing.

16.3 Any incomplete or late submission of the Service Agreement will be considered an act to cancel. Any existing bookings or outstanding sums, Cancellation Policy will still be applicable unless otherwise stated.

16.4 The Company reserves the rights to amend the Service Agreement Terms at any time and will notify you of the changes by post or email. With acceptance or proceeds, you shall be bound to the latest Contract or Service Agreement accordingly.

17. Deposits

17.1 The Company will require you to place a deposit for selected Services or Products, unless otherwise stated. The deposit will consist of either ‘Down payment’ (means upfront payment, referring to either non-refundable or refundable amount) or ‘Security Deposit’ (means refundable deposit) which will be compulsory as part of the Booking or Contract, or Service Agreement process.

17.2 Deposit amount is determined by the requirements on the Services or Products as per ordered and may change accordingly to your requirements and requests.

17.3 You are required to the complete the deposit transaction with proof within the given period in the Booking Confirmation or Invoice, unless otherwise stated.

17.4 Any incomplete or unsuccessful transactions, especially Non-Refundable Deposits, will be considered as an act to cancel the existing bookings, unless approved in writing by the Company. The Company reserves the right not to proceed with any preparation or pre-payment Services or Products or to increase the total chargeable sum or sum of Deposit or to transfer the Bookings to another Client until the transaction have been verified. During this process, the Company will not be liable for any unavailability or loss of any kind.

17.5 A Security Deposit is to hold you responsible and liable for the claims on damages, loss, replacements, mishandling or misplacement or of any kind in relation to the engagement of our Services or pre-ordering of Products. This does not limit your liabilities to the amount paid as Deposits or to the price of the Services or Products offered. If additional amount is required to cover the Company’s loss, it will be Invoice to you by post or email, and this will constitute to a binding Contract. The Company reserves the right and sole discretion to determine the amount chargeable if the loss amount is higher than the Security Deposit.

17.6 Refundable Deposits will be returned to you between 05-07 working days upon the Company’s evaluation on the Services or Products, from the date of delivery or latest Invoice or outstanding payment received, whichever later.

18. Confirmation

18.1 The Company will issue a confirmation letter via post or email upon receiving the necessary pre-requirements of the Bookings. If no confirmation letter is issued, a Company’s official notice or Invoice will still be considered as a confirmation letter.

18.2 This is to acknowledge and confirm the Company is engaged by you as your official vendor and you have understood and agreed to the Company’s Terms of Use and Service Terms.

18.3 Once confirmation have been issued, no cancellation or changes or refunds is allowed. You will be charge accordingly to the Cancellation Policy as stated below, clause 19.

18.4 The Company reserve the rights to cancel a confirmation, where or if faults occur, or your failure to comply By-Law, or requirements deem necessary, without penalty or any liabilities or prior notice.

19. Cancellation Policy

19.1 No cancellation or refund will be allowed upon confirmation or once the Company have issued a confirmation letter, clause 18.1, unless granted in writing by the Company.

19.2 Cancellation fee will be imposed for any cancellation or changes to the Confirmed Bookings and this will constitute a binding contract between you and the Company for the fees incurred. The Company reserves the right and sole discretion to determine the fee amount to cover its’ loss (e.g. labour hours), including potential or opportunity cost lost.

19.3 You may submit an appeal for the fee waiver. The appeal will be evaluated on case-to-case basis and the Company’s decision will be final, in any case of dispute.

19.4 For services and products that have been deployed or in process, this includes and does not limit to, pre-paid services and products, setting up, weather conditions or any unforeseen circumstances, cancellation fee will be based on the agreed price stated in the Contract and any additional costs that may be incurred in the process as the result of the cancellation.

19.5 Refundable Deposits will be returned to you on the following basis if cancellation is approved and this does not release you of the liabilities on any pre-paid services or products that is the result of the confirmed booking:

1. 50% return on the Refundable Deposit, if your cancellation appeal has been submitted and approved by Company, 31 working days or more, before the date of delivery.
2. 10% return on the Refundable Deposit, if your cancellation appeal has been submitted and approved by Company, 15 working days or more, before the date of delivery.

An Invoice will be sent to you via post or email for any outstanding sum owe. This return process will only be applicable to services or products that does not require any pre-preparation or pre-paid costs incurred by the Company.

20. Unforeseen Circumstances

20.1 In the event of unforeseen circumstance, including and not limiting to, unfavourable weather conditions, last minute requirement change, change of date, no show or whatsoever reason, which result to cancellation, delays, postponing or other possible measures, the total price, as per stated in the confirmed bookings, with no refunds for the remaining unused time, services or products, and the additional costs, as per the Company’s pricelist in effect, incurred for the measures to take place will be chargeable.

20.2 Any exceeded time or additional requirements are subjected to availability and will be charged accordingly based on the Company’s standard pricelist. Full payment of the additional charges or Security Deposit will be required unless stated in writing by the Company.

20.3 For cases where the Company is unable to provide similar value or quality for services and/or products as stated in the Confirmed Booking due to unforeseen circumstances, a full refund or deduction of price of the services and/or the products, will be returned to you. The Company will not be liable or responsible for any claims or loss incurred, whatsoever.

20.4 Any changes in the Confirmed Bookings will subject to an additional administrative fee on top of the price quoted for services and products. The Company will advise the fees accordingly.

20.5 The Company reserves the rights to reject any time extensions or add-ons for the provisions of services and products without prior notice.

21. Use of Equipment

21.1 Equipment provided or rented from our Company are for the sole purpose stated in the Confirmed Booking, or Quotation or Service Agreement only. Any other usage out of the scope is strictly prohibited and will be at your own risk.

21.2 It is your obligation and responsibility to ensure the right condition or environment and usability of our services and products. This will also include, but not limited to, the provision for proper security, proper shelter from weather conditions, suitable and trained operators, sufficient power supply and others that are deem necessary.

21.3 Some equipment will require trained operators or a minimum number of crew to operate. You are required to adhere to the minimum requirements and complete the Security Deposit, if applicable, upon delivery.

21.4 For outdoor venues, it is compulsory to provide proper tentage setup with rain curtains and flooring for protection against local weather conditions, unless otherwise stated in writing by the Company.

21.5 Should any of the conditions not met in clause 21.2, 21.3 and 21.4, the Company reserves the right not to proceed with the deployment and/or to charge you the additional costs that are deem necessary. Otherwise, you will be responsible for the welfare and beings on site and liable for the replacement or repair fee if any damages, injuries or loss, including opportunity cost, incurred.

21.6 For rental, you will be responsible for the equipment and supplies provided from our Company upon delivery until the Company has granted you clearance to be free from your liabilities in writing. Otherwise, you are liable for any damages, mishandling, misplacement and the condition of the equipment and supplies. The Company reserves the right to claim a replacement and repair fee from you after issuing an assessment notice.

21.6 Security Deposit will be required for all rental equipment unless otherwise stated in writing by the Company.

21.7 The Company will not be liable for any unauthorised or unsuitable usage of the equipment and will reserves the right to cease operation with immediate effect without prior notice. We will not be liable for whichever loss that comes after in the result of this action.

22. Work, Safety & Health

22.1 In the event that services are performed by the Company at your premises, you are responsible for providing safe access and a safe working environment to the Company’s personnel, including the Company’s employees, agents and contractors, and that the premises are free from health and safety hazard.

22.2 The safety and well-being of the Company’s personnel, subcontractors and property whilst on your premises, you shall be liable for any death, personal injury, or loss of property, except the extent caused by the Company’s or its subcontractor’s negligence.

23. Passing of Title and Risk

23.1 From the date of delivery to you, the products shall be your risk, who shall be solely responsible for their custody and maintenance. Unless otherwise expressly agreed in writing, the products shall remain the property of the Company until all payments due to the Company from you under the contract or any other contract have been made in full unconditionally and credited to the Company’s account. Whilst the ownership of the Company continues, you shall keep the products separate and identifiable from all other goods in your possession as fiduciary agent and bailee for the Company.

23.2 In the event of any resale of the products, the beneficial entitlement of the Company shall attach to the proceeds of the sale or other disposition thereof, so that such proceeds or any claim thereof shall be assigned to the Company.

23.3 In the event of failure to pay the price in accordance with the Contract, the Company shall have the power to re-sell the products, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise and for such purpose the Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by you to remove the products.

23.4 Pending payment of the full purchase price of the Products, you shall at all times keep the products comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business for which the products are for the time being used in an amount at least equal to the balance of the price for the same time to time remaining outstanding. The policy shall bear an endorsement recording the Company’s interest and shall be produced to the Company on request.

24. Warranties

24.1 All products are sold with the benefit of and subject to the conditions of any written product warranty which may be supplied with them, and where no specific product warranty is supplied with the products.

24.2 Nothing herein or in any Product Warranty given by the Company shall impose any liability upon the Company in respect of any defect in the products arising out of the acts, omissions, negligence or default by you or your servants and agents including without limitation any failure by you to comply with any recommendations of the Company as to storage and handling or use or servicing of the products, use of the products with other goods or other misuse of the products or accident or fair wear and tear of the products.

24.3 To the greatest extent permitted by local laws and regulations, the Company shall not be liable for any damage, loss, costs or expenses of any type whatsoever and however arising from or in any way connected to or with any services performed by the Company in relation to the products, including any installation of the products by the Company, the Company’s employees, the Company’s agents, the Company’s subcontractors, you or any of its employees, agents or contractors. You hereby indemnifies the Company against all actions, costs, charges, losses, damages and expenses which the Company may incur or sustain by reason of any action brought by any third party relating in any way to such services including any the installation of the products.

24.4 Except as provided for in these Conditions and in any Product Warranty, any and all warranties, (whether express or implied by statute, common law, custom or howsoever), including without limitation those of satisfactory quality or of fitness for a particular purpose even if that purpose is made known expressly or by implication of the Company), are hereby excluded. To the greatest extent permitted by local laws and regulations, the Company makes no representation or warranty that the use of the products does not infringe the Intellectual Property rights or other rights of any third party and the Company accepts no liability in this respect

25. Default or Insolvency

25.1 In the event that you breach of any of your obligations under the Contract; any distress or execution shall be levied on your property or assets; you shall make or offer to make any voluntary arrangement or composition with your creditors or become bankrupt or if any bankruptcy petition be presented against you.

25.2 If you are representing a company, you will have an administrative receiver or administrator or judicial manager appointed or makes a voluntary arrangement with its creditors or commences to be wound up or otherwise similar to clause 25.1, the Company at its discretion and without prejudice to any other right or claim may by notice in writing forthwith terminate wholly or in part any and all of the Contracts between the Company and you or may (without prejudice to the Company’s rights subsequently to terminate the Contract for the same cause should it so decide), by notice in writing suspend further deliveries of the products.

26. Waiver

26.1 Any waiver of rights by the Company shall be in writing and signed by an authorised representative of the Company. The waiver by the Company of any right or the failure by the Company to exercise any right or to insist on the strict performance of any provision of this Contract shall not operate as a waiver of, or preclude any further exercise of enforcement of any other right or provision of this Contract.

27. Severability

27.1 Each provision of this Contract is severable and distinct from the others. The Parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law.  If in any particular case any of these conditions shall be held to be invalid or shall not apply to this Contract, the other conditions shall continue in full force and effect.

28. Third Party Rights

28.1 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

29. Assignment

29.1 You may not assign, sub-contract or in any way dispose of its rights or obligations under this Contract without the prior written consent of the Company.

30. Notices

30.1 Any notice required to be served under this Contract shall be served on the Company at its registered offices in Singapore or such other address as the Company may from time to time notify you.

30.2 On your address notified to the Company in its registration application by hand, registered post, email or facsimile. You are responsible for notifying the Company in writing of any change of address, email address or fax number from those the registration application.

30.3 Any such notice served by hand or registered post shall be deemed to have been served upon written acknowledgement of receipt by an employee or agent of the recipient. In the case of service by email, when the email is available to read in the recipient’s inbox and in the case of facsimile when the addressee’s machine acknowledges receipt thereof provided that a copy of the notice or communication is also put into the post in accordance with clause 30.1 within 24 hours following dispatch of the initial version.

 

31. Governing Law and Jurisdiction

31.1 This shall be construed and governed in accordance with the laws of Singapore and all proceedings in connection herewith shall be brought in, and you hereby agrees to submit to the non-exclusive jurisdiction of the Courts of Singapore.

 

32. Force Majeure

32.1 No Party shall be liable for any failure to perform his obligations under the Contract if the failure results from a Force Majeure Event (defined below), provided that whenever possible the affected Party will resume that obligation as soon as the factor or event occasioning the failure ceases or abates.

32.2 For purposes of the Contract, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of the Party which frustrates the performance of the Party’s obligations under Contract. Such circumstance or event shall include acts of God, COVID, fire, flood, lightning, war, revolution, acts of terrorism, riots, strikes, SARS and other industrial actions and failures of supplies of power, fuel, transport, equipment and raw materials which adversely affect the Company’s supply chain.

32.3 The Party prevented or delayed in the performance of its obligations under the Contract by a Force Majeure Event, shall give written notice thereof to the other Party specifying the matters constituting the Force Majeure Event, together with such evidence as it reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue.

32.4 If the Force Majeure Event shall continue for a period exceeding three (3) months from the date of such Force Majeure Event under clause 32.2 above, a Party may at any time thereafter terminate this Contract by written notice to the other Party.

33. Disclaimer

33.1 You agree that all information and/or particulars sent or submitted by you to us in relation to the access of this Website or by any form, is non-confidential and non-proprietary unless otherwise expressly indicated by you. You further undertake not to submit any information and/or other materials which are or may be offensive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other relevant country.

33.2 While we may use reasonable efforts to include accurate and up-to-date information to you, we make no warranties or representations as to its accuracy, timeliness or completeness. We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from your access to, use or inability to use, reliance on or downloading from the Website, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

33.3 Services and Products will be provided as stated in the confirmed booking notice or Invoices. However, when the orders are not available, the Company will inform and provide you of the similar value or quality, subject to the availability and involved parties’ confirmation. With acceptance or proceeding, you shall not pursue further claims from the Company, including for the differences or loss and this will constitute a binding confirmed order for the replacements.

33.4 The Company reserves the rights to cancel and/or to reject any bookings, services, products, requests or reservations in whole or in part for any reason, including where you fail the credit approval process of the Company, or exceeds its available credit limit with the Company and will not be held liable for any loss incurred, before or after, of any kind.

 

(Last Updated: 01-01-2024)