Terms & Conditions
TERMS AND CONDITIONS
The following words shall where the context so permits have the following meaning:
“Offeror” means Yat Guan Pte Ltd. and/or Yat Guan (M) Sdn Bhd and its successors and assigns.
“Customer” means the person, firm or corporation from whom Goods and/or Services have been ordered.
“Goods” includes all products, materials, equipment or other items to be supplied pursuant to this quotation.
“Services” means the performance of all work to be performed pursuant this quotation and the supply of labor, drawings, data and other items required for work to be performed in accordance with commissioning of the Goods (in each case if, and in the manner, provided for in this quotation).
1. Any quotation accepted by the Customer is deemed to be an acceptance in accordance with these terms and conditions notwithstanding any inconsistencies which may be introduced in the Customer’s acceptance unless expressly agreed to by the Offeror in writing. The Offeror shall treat that this quotation as accepted by the Customer after receiving by fax or email indicating acceptance of this quotation from the Customer.
2.The Offeror shall provide Goods of merchantable quality and the Services shall be rendered with due care and skill and this condition shall apply not withstanding any examination of the Goods or Services by or on behalf of the Customer. The Services and Goods shall be reasonably fit for any purpose expressly made known in writing to the Offeror by the Customer. If a sample of the Goods has been made available to the customer then any contract arising from this Order shall be a contract for sale by sample and contract for sale by description.
4. The Customer shall have the right to inspect all work covered by this quotation after manufacture on the date of delivery or during installation and the Customer may reject work that does not conform with the Customer’s requirements expressly stated in writing strictly in reference to this quotation. The Customer may at its discretion either remedy or re-perform the rejected work or request the Offeror to do so.
5. The Customer may furnish drawings and data in relation to this quotation. The Offeror shall review the drawings and data provided by the Customer. The Offeror shall strive to provide Goods and Services in general conformance to said drawings and data. The Offeror should not be held responsible if the drawings and data provided by the Customer is inadequate or inaccurate resulting in Goods and Services delivered to less than desired by the Customer.
6. The Customer may issue written instructions requiring additions, changes, deletions or alterations in the plans, specifications or work to be performed under this quotation. The Offeror may choose to immediately comply with such instructions and proceed with the work. If the Offeror complies with instructions, the Offeror shall furnish to Customer, a statement in details of the net increase or decrease in costing resulting from its compliance with said instructions. The Customer shall issue a Purchase Order to cover the agreed variation in cost resulting from said instructions.
7. The prices stated in this quotation are firm prices save any reduction in price resulting from a reduction in customs duties or sales tax from those in force at the date hereof, is to be allowed to the Offeror in reduction of the price agreed hereunder.
8. Delivery of the Goods and the Services must be made at the Customer’s address shown on the face of the quotation or as otherwise directed by the Customer on a working day between the hours of 8.00 am and 4.30 pm. Any delivery time and location shown on this quotation shall be of the essence. Delivery must be in strict accordance with the quotation or delivery schedule and any quantities delivered in excess of that specified on this quotation shall remain as the property of the Offer or and shall be returned to the Offeror at the Offeror’s risk and expense. The Offeror will be liable for any loss or damage arising as a result or consequence of accidents during the delivery. The Customer will be liable for any loss or damage arising as a result or consequence of actions by the Offeror’s driver in accordance to the written or verbal instructions given by any staff of the Customer. If delivery is not made within the time specified this quotation may be cancelled at the Customer’s option.
9. Notwithstanding anything to the contrary in this quotation, risk in and title to Goods shall not pass to the Customer until delivery has been effected in accordance with this quotation by the signing of a delivery order by the Customer at the delivery address and after the Customer has been given reasonable opportunity to examine the Goods and is satisfied with the same.
10. Terms of Payment – The Offeror will, on a per order basis, provide an Invoice to the Customer for the price for Products/Services supplied. Payment term is stated on the Purchase Order.
11. Invoices quoted in this quotation number and Offeror’s delivery orders or docket number are required for each individual Order and shipment, and shall be sent to the Offeror no later than the day of dispatch of the Goods. All Goods shall be accompanied by original delivery orders or dockets. Overseas Customers must render an additional certified invoice for Customs purposes. Negotiable bills of lading or consignment notes properly signed by the carrier must be attached to the Offeror’s invoices. The Customer may at its option vary modify or cancel this quotation at any time prior to the delivery of any Goods or performance of any Services and the Offeror shall immediately do everything possible to mitigate any costs incurred by its consequence upon such variation modification or cancellation. The Customer’ liability shall be limited to the costs incurred, consequential loss or loss of profit as a result of the variation modification or cancellation of this quotation.
12. In addition to the Customer’s rights to reject work and Goods on the ground set out in clause 4 and to the Customer’s right to vary, modify or cancel this quotation pursuant to the preceding paragraph of this clause 12, the customer may cancel this quotation if the Goods and/or Services are not in accordance with drawings, blueprints, approved samples, or specifications agreed upon in writing by the Offeror.
14. Offeror warrants that the sale to the Customer and the use by the Customer or its customers of the Goods in any way will not infringe any patent, trade mark, copyright, industrial design or process of manufacture or any other industrial or intellectual property and covenants that Customer will, at Customer’s own expense, upon demand of the Offeror, investigate and deal with every claim and/or suit or action, which may be brought against the Offeror or against selling or using any Goods or products of the Offeror for any alleged infringement or claim of infringement of any patent , trade mark, copyright, industrial design or process of manufacture or any other industrial or intellectual property, by reason of the sale or use of the Goods by the Customer or its customers and will pay all costs, damages and expenses which the Offeror may sustain by reason of any such claim and/or suit or action.
15. All drawings, blueprints, tools or patterns, furnished by the Offeror in connection with this quotation, are confidential to the Customer and Offeror and shall be used solely to complete this contract or any other contract in connection with which they have been supplied between the Offeror and the Customer and for no other purpose, except with the prior consent in writing of the Offeror, and shall remain the property of the Offeror and be returned to the Offeror on demand. The Customer shall not without the written prior approval of the Offeror furnish to any third party any Goods for the manufacture of which drawings, blueprints, tools, patterns, specifications or samples have been supplied to the Customer by the Offeror, or manufacture such articles except for the Offeror. This restriction shall continue notwithstanding termination of this Order.
16. Waiver by the Offeror of any specific default or defaults by the Customer, or failure of the Offeror to cancel this Order or any part thereof when such a right arises, shall not constitute a waiver by the Offeror of any of the conditions of this Order except such defaults as are specifically waived in writing, and then only in respect of the actual defaults.
17. The Offeror indemnifies the Customer against any loss, damage, cost, expense or liability of whatsoever nature which may be suffered or incurred by the Offeror arising out of or in connection with the Customer’s performance of this quotation.
18. Governing Law – Contracts shall be governed by and construed in accordance with the laws of Singapore and the parties agree to submit to the jurisdiction of the courts of Singapore.
C) CUTOMER’S ON-SITE CONDITION
Employees of the Offeror and any permitted Sub-Contractors working on the property of the Customer shall abide by the rules and regulations that govern Customer’s employees.
2. REGULATIONS STIPULATED BY PURCHASER’S COMPANY
Employees of the Offeror and any permitted Sub-Contractors working on the property of the Customer shall abide by all regulations which are stipulated by customer’s company including those on Security and any other Regulations of the customer relating to the property or the performance of the work thereon which may have been made known to the Offeror.
D) DOCUMENTARY REQUIREMENTS – OVERSEAS PURCHASE ORDERS
1. Documents required: (As appropriate)
3 Standard Commercial Invoices
Fumigation or Heat Treatment Certificate
Unpriced Packing List
2 copies of Insurance Certificate
Parcel Post Receipt in evidence of dispatch
Airways Bill giving full flight details
Original Bills of Lading duly endorsed
Non Negotiable Bills of Lading
Certificate of Origin
Irrespective of the method of Payment or Dispatch, two complete sets of documents are to be airmailed as soon as possible after dispatch, to the Customer at the address indicated on the front of this quotation.
3. Acknowledgements, Communications etc:
Your acceptance of this order and the terms shown hereunder, should be indicated immediately, and all acknowledgements, queries and communications should be addressed to the Offeror at the address indicated on the front of this quotation.