CONDITION OF SALES
HL
Power Systems Pte Ltd
(hereinafter referred to as
“the
Seller”) merchandise is
offered for sale only on
these conditions:
1. Any order or contract
sent to the Seller by the
Purchaser shall be accepted
entirely at the discretion
of the Seller, and, if so
accepted, will only be
accepted upon these
conditions (hereafter
referred to as the
“Conditions”).
2.
Each order which is so
accepted shall constitute an
individually legally
binding contract between the
Seller and the Purchaser and
such contract
is hereafter referred to in
these Conditions as an
‘Order’. These Conditions
shall override any contrary
different or additional
terms or conditions (if
any) contained on or
referred to in any order
form or document or
correspondence from the
Purchaser, and no addition
alteration or
substitution of these terms
will bind the Seller or form
part of any Order
unless they are expressly
accepted in writing by a
person authorized to
sign on the Seller’s behalf.
3. All
previous communications
between the Seller and the
Purchaser
whether verbal or written
are hereby abrogated, and
the Order constitutes
the sole agreement between
the parties hereto as to the
subject matter of
this Order and no
modification of this
agreement shall be binding
on either
the Purchaser or the Seller
unless such modification is
in writing, duly
accepted by the Purchaser
and approved by the Seller.
4. All
generators supplied by the
Seller shall be in
accordance with (i) the
current edition of the
relevant product leaflet as
published from time to
time by the Seller (copies
are available from the
Seller upon request) and
(ii) those further
specifications or
descriptions (if any)
expressly set out on
the face of the Seller’s
quotation. No other
specification, descriptive
material written or oral
representations,
correspondence or statement,
promotional or sale
literature shall form part
or be incorporated by
reference into the Order.
5. The
Seller reserves the right at
any time to discontinue the
manufacture of
any model, to make changes
in design and to add
improvements to
generators without incurring
any obligation to install
the same on
generators previously
manufactured and sold by it.
6. The
Purchaser shall be deemed to
have accepted all goods upon
their
delivery by the Seller to
the address specified in the
Seller’s delivery order
or invoice.
7. All
property rights in and the
legal title to and control
over the merchandise
shall remain in the Seller
until full payment is made
by the Purchaser to
the Seller. The Seller, as
owner of the merchandise,
shall have the
exclusive right to control
the shipment including the
right to take
possession thereof even
though the same may be in
the possession of
third persons, such as
banks, transport companies,
customer officials or
the Purchaser.
8. All
risks of shipment, prior to
the delivery of the
merchandise to the place
as agreed by the Seller and
Purchaser in writing or
where overseas
shipment is necessary from
Singapore, prior to the port
of entry or country
of destination, whichever is
earlier, will be borne by
the Seller. Thereafter,
the risk passes on to the
Purchaser and the Purchaser
shall be liable for
all and any damage to or
loss of the merchandise and
shall not be
absolved from any of its
liabilities by reason such
damage or loss.
9. If
for any reason the Purchaser
is unable or unwilling to
take delivery of
the merchandise at the
address and date stipulated,
the Seller reserves
the right to sell or dispose
of the merchandise in such
manner as the
Seller thinks fit without
prejudice to the Seller’s
right to claim for damages.
10. In
addition, the Seller may
pending any such sale or
disposal or the
Purchaser taking delivery of
the merchandise, store the
merchandise at
such premises as the Seller
thinks fit and the Purchaser
shall be liable to
pay and indemnify the Seller
for all costs (including
storage and insurance)
incurred in this connection.
11. If
the Purchaser insures the
shipment, it is agreed that
the insurance
policy will cover and
protect the interest of the
Seller as legal owner of the
goods until the shipment
arrives to the port of entry
or country of
destination.
12.
All taxes, duties,
inspection costs and
optional packing shall be
borne by
the Purchaser.
13.
All deposits paid by the
Purchaser are
non-refundable. All goods
sold shall
not be returnable.
14.
The receipt of information
from the Purchaser and the
delivery by the
Seller of the merchandise
specified in the Order does
not in any way imply
a warranty or any other
obligation or liability on
the part of the Seller that
the merchandise will be
suitable for the purposes
disclosed. The Seller
warrants for eighteen months
(from the date of shipment)
or two thousand
(2000) hours (for prime duty
only) or twelve months from
start-up date
whichever may occur first,
for each generator set to be
free from defects in
material and workmanship if
properly installed,
maintained and operated in
accordance with the Seller’s
operating instructions. The
Seller’s sole and
only obligation, indirect or
otherwise, by virtue of this
warranty is expressly
limited to the replacement
or repair, at the option of
Seller, of any item
returned to the Seller’s
plant in Singapore with all
transportation charges
prepaid, which after
inspection by the Seller is
found to be defective in
material or workmanship.
Repairs or replacement will
be shipped freight
collect, F.O.B. Singapore.
15.
The Seller shall not be
liable for delays or failure
to deliver (1) due to
cause beyond its reasonable
control or (2) to act of
God, acts of the
Purchaser, acts of civil or
military authority,
priorities, fires, strikes,
floods,
epidemics, war, riot, delays
in transportation or (3)
default of suppliers or
subcontractors. In the event
of any such delay, the date
of delivery shall
be extended for a period
equal to the time lost by
reason of the delay. The
consent of the Purchaser to
delivery of the merchandise
furnished by this
Order is understood to
constitute a waiver of all
claims for damages by
reason of any delay.
16. In
the event of a delay in
delivery owing to reasons
for which the Seller is
responsible, and
satisfactory evidence
thereof can be furnished,
and the
Purchaser should suffer loss
or damage in consequence
thereof, the
Purchaser shall be entitled
to full satisfaction of
further claims, to
liquidated
damages in an amount not
exceeding 0.5% for each full
week of delay but
not exceeding 5% of the
value of that part of the
entire delivery which on
account of the delay cannot
be put to its intended use
on time.
17.
The Seller is entitled to
terminate the Order
regardless of whether
partial
delivery is made if it is of
the reasonable view that
circumstances exist
which puts the Purchaser’s
ability to pay the Seller in
doubt. In such an
event, the Seller shall be
entitled to be paid for
goods delivered, work
performed or commitments
entered into by the Seller
prior to the date of
termination.
18. In
no circumstances shall the
Seller be liable, in
contract or tort (including
negligence or breach of
statutory duty) or otherwise
howsoever and
whatever the cause hereof (i)
for any damage, injury, loss
of profit,
business, contracts,
revenues or anticipated
savings or (ii) for any
special
indirect or consequential
damage or any nature
whatsoever. The Seller’s
liability to the Purchaser
in respect of the Order in
contract or tort
(including negligence or
breach of statutory duty) or
howsoever otherwise
arising, shall be limited to
the repair or replacement of
the merchandise or
not more than 5% of the
contract value whichever is
lesser.
19.
Any claim against the Seller
shall be made in writing to
the Seller within 30
days from the discovery of
the reason giving rise to
the claim or from the
time when the reason could
reasonably have been
discovered by the
Purchaser, whichever is
earlier, otherwise the
Purchaser shall not be
entitled to maintain any
such claim.
20.
The Seller reserves the
right to charge interests at
10% per month on
overdue invoices. All legal
expenses incurred by the
Seller for instituting
legal proceedings or taking
measures to enforce his
rights under the
contract shall be borne by
the Purchaser.
21. A
person or entity who is not
a party to this Agreement
shall have no rights
under the Contracts (Rights
of Third Parties) Act 2001
to enforce any of
the terms herein contained.
22.
The Order shall be
considered a contract made
in Singapore and shall be
governed in all respects by
the Law of Singapore and the
parties agree to
submit to the non-exclusive
jurisdiction of the
Singapore Courts. The
Purchaser also agrees to
submit to the jurisdiction
of any tribunal or court
in any country where the
Purchaser carries on
business
Please
also read
Warranty Policy
Cummins Series
