Terms and Conditions
1. SALES AND PURCHASE OF GOODS:
EASYPRINT TECHNOLOGIES PTE. LTD. (hereby referred as “Seller”) hereby agrees to sell, and You (hereby referred as “Buyer”) hereby agree to purchase, goods of the description and quantity described on this quotation/invoice (“Goods”) on the terms and conditions set forth in this Agreement.
2. PRICES:
Buyer agrees to pay the Prices of the Goods as posted on this invoice. Prices stated in the quotation are only for the scope of work and the Goods and should any additional work or Goods be required, the Seller will provide the Buyer with a fresh quotation
3. CANCELLATION OF GOODS
In the event of a Cancellation (as defined below), the following cancellation fees will apply:
- Cancellation at any time between the signing of the quotation and the confirmation of artwork - 15% of the total quoted fees
- Cancellation at any time between confirmation of artwork and delivery of goods - 75% of the total quoted fees or pro-rated fees of the finished goods, whichever is higher
- Cancellation after Seller informs Buyer that Goods are ready for delivery - 100% of the total quoted fees
For the purposes of this clause 3, a “Cancellation” shall be defined as:
- Buyer informing Seller verbally or in writing that the order is to be cancelled, the Seller is to stop work and/or otherwise that the Buyer does not wish to continue with the project and/or take delivery of the Goods;
- Buyer failing to confirm artwork to Seller within 30 days of the signing of the quotation, unless an extension of time of the 30 day period is granted in writing by the Seller (at the Seller’s sole discretion) upon the Buyer’s request in writing; or
- The conduct of the Buyer, in the Seller’s opinion, renders it impossible or impractical for the Seller to commence or continue production of the Goods, and/or to deliver the Goods to the Buyer.
In the event that a cancellation fee is imposed on the Buyer in accordance with this clause 3, the Seller shall be entitled to offset the cancellation fee from the deposit (if any) placed by the Buyer with the Seller before returning the balance deposit to the Buyer.
4. TERMS OF PAYMENT:
Buyer agrees to adhere to the terms reflected on the invoice, unless otherwise approved in writing by Seller. Interest of 2% per month will be charged on late payment. Upon the Seller informing the Buyer in writing that the Goods are ready to be delivered, the Buyer shall take delivery of the Goods within 30 calendar days of such notification from the Seller. In the event that the Buyer fails and/or refuses to take delivery of the Goods within the 30 day period, the Buyer shall be obliged at the end of the 30 day period or from the date of such refusal to take delivery (whichever is earlier) to pay the outstanding balance of the Seller’s invoice immediately and without demand.
5. DELIVERY:
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s policy on delivery in effect on the date of order confirmation. Delivery dates provided by Seller are estimates only and time shall not be of the essence. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for reasonable delays in delivery.
Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller`s standards and practices.
6. LIMITED WARRANTY:
Seller warrants that at the time of delivery, the Goods shall have the specifications stated by the Seller in its purchase order, formal quotation, and invoice.
Seller will provide a warranty to the Buyer for a period of 7 days after delivery of the Goods to Buyer. Under this warranty, the Buyer shall be provided with one or more of the following remedies in the event of non-conformity of Goods, non-delivery of Goods and/or defective Goods at the Seller`s discretion: (i) repair of the Products; (ii) replacement of the Products at no cost to Buyer; or (iii) refund Buyer the 50% of the purchase price or the pro-rated cost of the affected Goods, whichever is lower.
7. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY:
All products and services Seller provide are not generic. No 2 gifts items are made exactly the same. Dimensions and colours might vary slightly, stitching will differ, and all printing type is non-consistent. As Seller`s products are mass-produced and are not priced at branded retail prices, do not expect 100% consistency and quality.
Seller will do our best to provide the best quality for all our customers.
8. GENERAL INFORMATION:
Entire Agreement. These Terms and Conditions read together with the quotation constitutes the entire agreement between Seller and Buyer, and governs Buyer`s engagement of Seller`s Service, superseding any prior understandings, statements, representations and agreements between Buyer and Seller with respect to the Service.
9. INDEMNITY:
Buyer shall indemnify Seller from any claims, damages, costs, expenses, actual attorneys` fees, losses or liability, in law or in equity arising out of or in connection with Seller`s performance of the contract, including, but not limited to: (a) personal injury; (b) penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Sellers`s; (c) any breach of this Agreement by Seller`s, its agents or employees.
SELLER`S TOTAL LIABILITY TO BUYER IN THE AGGREGATE, WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING LEGAL FEES) WILL NOT EXCEED 1% OF THE TOTAL CONTRACT PRICE.
10. FORCE MAJEURE:
Neither party shall be liable for any delay or default in performing its obligations (other than payment obligations) if such default or delay is caused by any event beyond the reasonable control of such party, including, but not limited to, acts of nature, war or insurrection, civil commotion, destruction of production facilities or materials by earthquake, fire, storm or flood, labour disturbances or strikes, epidemic, materials shortages, equipment malfunction or other similar event. The party suffering such cause shall immediately notify the other party of the cause in writing and stating the expected duration of such cause. If either party’s performance is delayed by more than 60 days pursuant to this clause 10, that party may immediately terminate this agreement in writing with 1 week’s notice.
11. GOVERNING LAW:
This agreement shall be governed by and construed solely in accordance with the laws of the Republic of Singapore. Any dispute shall be referred to and be resolved exclusively by the courts of the Republic of Singapore.