1. Cancellation Charges

In the event, cancellation of order after confirmation, MIT Technology Pte. Ltd. Aka ["MIT"] reserved the rights to charge an restocking penalty of 50% of the total value stated in the confirmation as cancellation charges. Unless in writing by ["MIT"] to agree to accept any exchanges or returns, at any circumstances customer are required to pay the cancellation charges stated.

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2. Lead Time

All lead time provided are based on estimation on the usual business practice with the manufacturers/suppliers. In the event should there are any delays resulting in the extension of lead time from the usual business practice, ["MIT"] will not be faulted/penalised/subjected to any legal action/penalty/charges due to all these unforeseen circumstances.

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3. Delivery / Bank Charges

All delivery are based on the INCOTERM stated in the quotation/invoice. For local delivery, if order is below S$500.00 in a single invoice ["MIT"] reserved the rights to charges an S$30.00/trip fee to the customer stated. For oversea order, all bank charges for TT payment to Singapore shall be borne by the customer.

 

4. Payment / Deposit

Customer agrees to pay as per the payment term stated in the quotation/invoice. For deposit/advanced payment, order will only be placed after receiving and payment has been reflected in ["MIT"] bank statement. For cash on delivery, customer are required to pay upon delivery after accepting the goods else ["MIT"] reserved the rights not to release the goods if payment are not available during the point of delivery. Should payment after cash on delivery are canceled or for any reasons the payment after delivery was not reflected in our bank statement and customer wish to terminate/cancel the Purchase Order, ["MIT"] still reserved the rights to claim restocking penalty of 50% of the total value in the confirmation as cancellation charges.

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5. Overdue Payment

Where any payment by the Customer is overdue, then: (a) interest may at the ["MIT"] 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) ["MIT"] shall be entitled to suspend all works until payment is received and (c) ["MIT"] shall be entitled at its discretion to terminate the Agreement upon giving 7 day’s notice to the Customer; and (d) to take legal action to enforce payment.

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6. Legal Costs / Notices

The Customer shall be liable to ["MIT"] 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 issued or brought by ["MIT"] to enforce the Agreement against the Customer. Any notice under the 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 ["MIT"] shall be sufficiently served if sent by registered post to the address stated overleaf or on the current letterhead of ["MIT"] or by email notice.

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7. Force Majeure / Liability

["MIT"] 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 caused by force majeure. For the purpose of this Clause, force majeure shall mean any circumstances beyond the control of ["MIT"] and shall include without prejudice to the generality of the foregoing: (a) Acts of God, perils of the sea or 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. ["MIT"] 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 ["MIT"], its employees or authorized agents. Liability of ["MIT"] for defects shall be limited exclusively to replacement of defective part or equipment and shall not cover any consequential loss or loss of business.

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8. Complaints / Warranty / Defects

No claim or complaint will be valid unless in writing and submitted prior to the expiry of the Warranty Period. Warranty shall only be for such period and for such coverage as stated in Manufacturer's Warranty for the equipment involved and Warranty start from the date stated on Delivery Order (DO). Warranty undertake will under-take locally, on land, during ["MIT"] 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. ["MIT"] 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 ["MIT"], misuse, accessories, 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 ["MIT"] on the instructions of the Customer or breakdown of any equipment supplied by ["MIT"] as a result of use with other third party equipment, services such as calibration/repairs/replacement or accessories supplied by other third parties. If Customer didn't received SMS alerts from ["MIT"] monitoring system, it is the customer's responsibility to inform us at the earliest to rectify the issues. It is not ["MIT"] responsibility to help customer to monitor all monitoring system purchased from us.

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9. Set-off / Materials / Damages

The Customer shall not be entitled to withhold or set off any amount payable to ["MIT"] 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 whatsoever. All equipment and materials delivered to the site or installed shall remain the sole and absolute property of ["MIT"] until receipt of full payment of the Contract Sum. Customer hereby grants ["MIT"] irrevocable authority to enter Customer’s premises to repossess any equipment and materials delivered/installed if price thereof has not been paid to ["MIT"]. Any equipment or goods sold and delivered / installed may not be returned, nor shall any refund of the price be allowed. Any claim for damages for alleged defects or alleged breach of the Agreement by ["MIT"] 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.

 

10. Calibration / Repairs / Replacement

Calibration reports are traceable to National and International Standards and accredited calibration if required that are within our scope of accreditation shall be fulfilled. If accreditation that is out-of our scope of works, additional charges may incur and we reserved the rights to charge if applicable. Lead time for calibration are indicated on quotation/invoice any requests to expedite the works are subject to additional charges if applicable. If instruments are found out to be unserviceable during the calibration/repair and may or subjected to additional works like replacement or repairs, will incur additional charges and should customer reject the repairs or replacement upon presentation of the quotation shall be subjected an evaluation fees unless in writing by ["MIT"] to waived off.

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11. Applicability / Law

All business with ["MIT"] 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 and conditions is deemed upon issue of Purchase Order by Customer or acceptance of ["MIT"]’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.