PRICING/PAYMENTS:
All prices are subject to prevailing GST charges impose by the local government and subject to change without advance notice. All orders must be pre-paid unless otherwise written arrangement is made. Shipping, taxes, duties and any other import charges are not included. Buyer is responsible for all such supplemental charges. Orders will be canceled if Buyer delays payment more than 15 days after order receive date.
LIMITED WARRANTY:
Seller warrants that the goods (excluding software) are free from defects in material and workmanship for a standard period of 12 months from date of delivery for such goods unless indicated otherwise in the quotation. Any software included with goods is provided as is with no warranty from Seller, unless an express warranty is provided in the software license. Standard limited warranty is provided on the goods providing it is not subject to misuse, improper operations, neglect, accident or improper installation or care. If any of Seller goods fails due to no fault of the Buyer, Seller will at its option either repair the defective product and restore it to normal operation without charge for parts and labor or will provide a replacement in exchange for the defective product or refund in full invoiced amount should the respective product manufacturer unable to fulfill the warranty obligation. Warranties are voided if the buyer utilizes a power supply or battery that does not strictly adhere to the respective product's electrical power requirements and battery types, changes the configuration of a device, e.g. adding extensions to cables or modifying boards, or mishandles battery compartment. To avoid warranty issues, customers should carefully adhere to all product advisories. Microcontrollers/sensors/cables/connectors are sensitive electronic components and should be treated with care. Do not drop, pull, yank, twist or otherwise mishandle cables. Warranties for products will not be activated until Seller has the opportunity to review set-up and use.
DISCLAIMER:
Seller disclaims and Buyer waives all other warranties and conditions, express, implied or statutory, including but not limited to implied warranties or conditions merchantability, fitness for a particular purpose, title and noninfringement, and all warranties or conditions based on course of dealing, course of performance or trade usage.
INSPECTION AND REJECTION OF GOODS:
Buyer shall notify Seller within 48 hours by phone or email after receipt of goods, of the discovery of any defects in delivered goods and/or its acceptance/non-acceptance thereof; otherwise, it shall be deemed to have accepted the goods.
TITLE & DELIVERY:
Title/risk of loss or damaged goods shall pass to the Buyer upon Seller delivery of goods to a common carrier or other transportation service. Seller shall retain a security interest with repossession rights for goods shipped on open account until all obligations are met. The delivery date is an estimate only, based on a forecast of conditions at time of order entry. Seller shall not be liable for any damages due to delay or failure in delivery resulting directly or indirectly from circumstances beyond its control.
LIMITATIONS OF LIABILITY:
Seller will not be liable for (a) Any incidental, consequential, special, indirect, exemplary or punitive damages, (b) Loss of revenue, income, profit, or business opportunity, (c) Business interruption or downtime, (d) Lost of corrupted data or software, (e) Damage to personal or corporations reputation (e) Loss of use of any goods or services, (f) incidental or consequential damages or personal injury to include any, (g) Any claims by or behalf of Buyer’s customers or other third parties, whether or not based on contract, TORT, statute or otherwise and all “acts of God” which may damage or destroy the goods. Notwithstanding anything in this standard terms and conditions of business or on Seller web site to the contrary, Seller is not responsible for information or data you provide to us unless a separate written agreement to the contrary. Seller's liability shall be limited to the cost of the goods sold.
FORCE MAJEURE:
Seller will not be liable in any manner for failure to perform caused by war, riot, terrorism, fire, flood, epidemic, pandemic, earthquake or other natural or man-made disaster, or failure of any third-party hardware, software, electrical system or utility, delay in transportation, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of Seller.
TECHNICAL/PROPRIETARY DATA:
All drawings, specifications, samples and technical materials submitted by Seller describing any inventions, processes or discoveries, made or developed in carrying out any order, are the exclusive property of the respective product manufacturers. All confidential documents will be appropriately marked. These shall not be disclosed or discussed with others. All such drawings, specifications, samples and technical materials submitted to Buyer in carrying out this order, shall be returned to Seller on demand.
PRODUCT DISCLAIMER NOTICE:
Seller makes no warranty, representation, or guarantee regarding the information contained herein or the suitability of its goods and services for any particular purpose, nor does Seller assume any liability whatsoever arising out of the application or use of any goods, products or circuit. The goods sold hereunder and any other goods sold by Seller have been subject to limited testing and should not be used in conjunction with mission-critical equipment or applications. Any performance specifications are believed to be reliable but are not verified, and Buyer must conduct and complete all performance and other testing of the products, alone and together with, or installed in, any end-products. Buyer shall not rely on any data and performance specifications or parameters provided by Seller. It is the Buyer’s responsibility to independently determine suitability of any goods or products and to test and verify the same. The information provided by Seller hereunder is provided “as is, where is” and with all faults, and the entire risk associated with such information is entirely with the Buyer. Seller does not grant, explicitly or implicitly, to any party any patent rights, licenses, or any other IP rights, whether with regard to such information itself or anything described by such information. Information provided herein is proprietary to Seller, and Seller reserves the right to make any changes to the information or to any products and services at any time without notice.
APPLICABLE LAW:
This agreement and all rights and obligations of Buyer and Seller shall be governed by the Uniform Commercial Code in force in Singapore when the Buyer's order is placed.
*Seller herein Biofit Technology & Services
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