Terms & Conditions
Any time or date for completion of the Works given by ANSAC Technology (S) Pte Ltd [”ANSAC’] is an estimate only and ANSAC shall not be liable for any loss or damage due to factors beyond the control of ANSAC. Unless otherwise specified, all deliveries and services rendered are based on business hours (Mon to Fri, 08.30am to 05:30pm, excluding weekends/Public Holidays)
2. Cancellation Charges
Should the buyer decide to cancel the order after 03 days of confirmation, a cancellation charge of 30% of the total sales amount will be charged. All goods sold / delivered are neither returnable nor refundable. ANSAC will only accept for exchange items that are in new condition, unused, unworn, unaltered and free of damages by the customer within 07 days from the receipt of original order.
ANSAC may deviate from approved plans or specifications or modify designs, measurements, specifications, type of equipment as may be necessary owing to site conditions or to comply with any applicable safety or satutory requirements as long as they do not materially affect the quality or fitness of purpose of the equipment to be installed.
4. Site Access
Customer shall provide access to the site and right of use of utilities/facilities such as water and electrical supply where works are to carried out and consent of Customer to use by ANSAC of such utilities/facilities at the site shall be deemed.
5. Price Increase
ANSAC reseves the right by serving written notice on the Customer at any time before delivery of performance, to increase the price of the any item or materials for the Works to reflect any increase in the costs to ANSAC which is due to any factor beyond the control of ANSAC (including without prejudice to the generality of the foregoing any foreign exchange fluctuation for foreign imported materials, currency regulation, alteration of duties, increase in the costs of labour, materials, any change of delivery dates of equipment requested by Customer to give ANSAC adequate information or instruction).
The Customer shall not be entitled to withhold or set off any amount payable to ANSAC under the Agreement because of any claim by the Customer in respect of any defects or alleged breach of the Agreement or in respect of any reason whatsover.
Any claim for damages for alleged defects or alleged breach of the Agreement by ANSAC shall be dealt with separately and independently after a joint inspection by both parties and be supported by a qualified surveyor’s report to be submitted by the Customer and any disputes in respect of such claims for damages or defects shall be resolved by arbitration proceedings.
All equipment and materials delivered to site or installed shall remain the sole and absolute property of ANSAC until receipt of full payment of the Contract Sum. Customer hereby grants ANSAC irrevocable authority to enter Customer’s premises to repossess any equipment and materials delivered/installed if price thereof has not been paid to ANSAC.
ANSAC shall not be held liable for any damage to any real property, loss of or damage to any property or goods where such damage or loss is not caused by the negligence or wilful act of ANSAC, its employees or authorised agents, Liability of ANSAC for defetcs shall be limited exclusively to replacement of defective part or equipment and shall not cover any consequential loss or loss of business.
10. Force Majeure
ANSAC shall not be held liable or deemed to be in breach of the Agreement for any delay or failure to perform its obligations hereunder to the extent that the delay has been casued by force majeure. For the purpose of this Clause, force majeure shall mean any circumstances beyond the control of ANSAC and shall include without prejudice to the generality of the foregoing; (a) Acts of God, perils of the sea of air, riots, civil commotion, war, rebellion, national or international emergency, strikes, lockouts, work to rule, overtime bans or other labour (b) disputes, destruction or damage due to natural causes, floods, fire, explosions, breakdown of machinery, sabotage or embargo and (c) any order of a local, national or international authority.
A joint insepction shall be conducted of the Works prior to hand-over and the Customer shall sign all neccessary documentation for hand-over after such joint inspection. The Customer shall submit any complaints of defects in writing to ANSAC within 14 days of such joint insection and give ANSAC reasonable time to rectify all such defects. If the Customer (a) refuses without reasonable cause to participate in such joint-inspection despite the written requests of ANSAC or (b) does not sign necessary documentation for hand-over and does not submit any complaints to ANSAC within the time stipulated, then hand-over shall be deemed to have been affected when ANSAC issues a Certificate of Completion to the Customer that all Works have been duly completed and the Warranty Period shall run from the date such Certificate.
12. Delivery & Payment
Time is of the essence. Delivery must be affected not later than 60 days or within the time specified in the buyer purchase order delivery date. ANSAC reserves the rights to impose storage penalty if delivery is not timely made. Buyer may, in addition to its other rights and remedies, direct ANSAC to make expedited routing at additional expense. The goods shall be properly packed, marked, loaded and shipped as required by writing. Unless Buyer instructs otherwise, the goods shall be shipped in a manner that will permit the lowest transportation rates to apply. The risk of loss or damage in transit shall be upon Buyer. ANSAC shall not procure or ship any goods unless authorized in writing by Buyer or as necessary to meet specific delivery dates.
Upon submission of proper invoices, Buyer shall process for payment. ANSAC shall present all invoices for goods and services on a timely basis. All payment must be made as in accordance to the payment term stated in the invoices. Time is of the essence in this regard.
13. Complaints & Warranty
No claim or complaint will be valid unless in writing and submitted prior to expiry of the Warranty Period. Warranty shall only be for such period and for such coverage as stated in Manufacturer’s Warranty for equipment involved. Warranty will under-take locally on land, during ANSAC office hours to repair/replace for item found to be defective from manufactured fault. Surcharge shall apply for any support after office hours, weekends or public holidays. Any freight and transportation are not covered under the scope of warranty.
ANSAC shall not be liable for any defects or damage caused by inherent or subsisting defects in the building or structural elements, accidents, negligence or acts of persons other than the agents or employees of ANSAC, misuse, abuse, fair wear and tear and Acts of God or inclement weather or for the quality of any materials or fittings provided by the Customer or purchased from third parties on behalf of the Customer by ANSAC on the instructions of the Customer or breakdown of any equipment supplied by ANSAC as a result of use with other equipment or accessories supplied by other third parties.
15. Overdue Payment
Where any payment by the Customer is overdue, then: (a) interest may at the ANSAC’s option be charged on all outstanding sums at the rate of 1.5% per month from the due date of payment until the date payment is received; (b) ANSAC shall be entitled to suspend all works until payment is received and (c) ANSAC shall be entitled at its discretion to terminate this Agreement upon giving 7 days’ notice to the Customer; and (d) to take legal action to enforce payment.
16. Legal Costs
The Customer shall be liable to ANSAC for all legal costs and expenses on full indemnity solicitor and client basis in respect of any demand, claim or legal action that may be issuedor brought by ANSAC to enforce this Agreement against the Customer.
Any notice under this Agreement shall be in writing. Any notice to the Customer shall be sufficiently served if left addressed to the Customer at or sent by registered post to the Customer’s last known address in Singapore and any notice to ANSAC shall be sufficiently served if sent by registered post to the address stated overleaf or on the current letterhead of ANSAC.
All business with ANSAC is conducted on these terms and conditions which override and take precedence over all other terms and conditions including standard trading terms and conditions of the Customer. Acceptance of these terms & conditions is deemed upon issue of Purchase Order by Customer or acceptance of ANSAC’s quotation by customer.
This Agreement is governed by the laws of Singapore and parties agree to submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.