1.1 . The clauses in these Terms & Conditions supersede all terms and conditions printed on Customers’ documentation including purchase orders. No terms or conditions endorsed upon, delivered with or contained in Customer’s acceptance or acknowledgement of the delivery of products, purchase order(s), specifications or similar documents will amend or vary the provisions of these Terms & Conditions and Customer waives any right which it might otherwise have to rely on such terms and conditions.
2. PRICES
2.1. Prices appearing in Supplier Catalogues and Price Lists are those prevailing at the date of issue and are subject to alteration from time to time at the absolute discretion of Supplier without any prior written notice.
2.2. All Prices are net of and exclude any applicable taxes or equivalent charges imposed on the sale of products and services by Supplier to Customer.
3. DELIVERY AND COLLECTION
3.1. Customer shall provide unimpeded and safe access to its premises at all times for the delivery and collection of products by Supplier or delivery contractors on behalf of Supplier. Customer shall be liable for damage to vehicles or products if such unimpeded and safe access is not provided.
3.2. Products shall be delivered at Customer’s premises (the “Delivery Point”).
3.3. Products deliveries and collections shall be on a full-for-empty basis at the Delivery Point. If Customer requests any variation from the above Supplier may levy an additional charge for any such supply.
3.4. Where Customer returns products by means other than Supplier’s collection, Customer shall notify Supplier of the number of products returned. An official receipt must be obtained from Supplier before leaving Supplier’s premises to acknowledge the receipt of returned products.
4. PAYMENT TERM
4.1. Customer shall make payment in full for all products delivered or upon agreed payment, within 30 days following delivery.
4.2. 100% deposit + total value of rental equipments for the agreed rental period, is required for Customers without existing Credit Terms with APLUS.
4.3. The Deposit will be refunded to the Customer via cheque. The deposit will be returned to the Customer ONE month after the expiry of the rental agreement, subject to the option of the Company to apply it against the damages to the equipments. The deposit shall not bear interest.
5. USE OF PRODUCTS
5.1. All products supplied by Supplier are for the sole use of the Customer who shall not re-sell the products without Supplier’s prior consent.
6. PRODUCT CHARGE
6.1. Product rental charge at Supplier’s standard rates will be levied on each product held by Customer, invoiced to the Customer at the end of each [invoicing period]. If Customer fails to pay the product rental charge when due, then the Customer shall return the product forthwith whether formally demanded or not to Supplier.
6.2. In the event of failure on the part of the Customer to return products, Supplier is hereby granted an unconditional license to enter into the Customer’s premises for the purpose of retrieving products. Under such circumstances, the Customer shall not be entitled to refund in respect of unused agreed rental period retrieved under the foregoing conditions.
6.3. The Customer assumes all risks of loss or damage to the equipments from any cause, and agrees to return them to the Supplier’s in the condition received from the Supplier. The Supplier will determine the damages and all decisions made by the Supplier are final.
6.4. In the event that the deposit is insufficient to cover the loss and damages under "6.3 RISK OF LOSS AND DAMAGE", the Supplier will invoice the Customer of the balance value after deducting the deposit.
7. HANDLING AND USE OF PRODUCTS
7.1. Precautions to be observed in the handling and use of products appear on labels attached to products, material safety data sheets and in other related documents.
7.2. These precautions must be strictly observed for the safe use of the products.
7.3. Customers are responsible for bringing these precautions to the attention of all persons using or handling the products including their staff and third party
7.4. handling the products on their behalf, failing which, Supplier shall have no liability whatsoever in relation to any failure to observe such precautions and Customer shall indemnify Supplier against all claims, costs, expenses or liabilities resulting there from.
8. CUSTOMER’S RESPONSIBILITY
8.1. All products and peripheral equipment including valves, manifold, regulators, adaptors are made available to Customer for its sole use, and shall remain the property of Supplier at all times. The Customer shall be responsible for the safe custody of the assets and shall indemnify Supplier against all loss or damage to the assets including fire damage. In case of loss or damage to Supplier’s products or other equipment Customer shall pay the cost of restoring such products or other equipment to a serviceable condition or where the products or other equipment is lost or damaged beyond repair, Customer shall pay the prevailing replacement cost for the same.
8.2. The payment for lost or missing products does not transfer the ownership of the products to the Customer. In the event that the Customer recovers the lost or missing products, such recovered products must be returned to Supplier.
8.3. Supplier’s products in possession of the Customer are for the sole use of the Customer.
8.4. Customer shall not sell or offer for sale, mortgage, pledge, underlet, loan or part with the possession of products supplied and owned by Supplier.
8.5. Customer shall not allow any lien to be created thereon, and shall pay all rents, rates, taxes, charges, and impositions payable in respect of the premises whereon such products are situated and shall protect the same against distress, execution or seizure and indemnify Supplier against all losses, damages and expenses incurred by them by reason or in respect thereof.
9. LIABILITY
9.1. Supplier’s liability for indirect or consequential loss or damage (including but not limited to loss of revenue, loss of production, loss of profit, loss of customers, loss of contracts, and loss of custom, goodwill or reputation) is excluded.
10. GENERAL
10.1. These Terms & Conditions shall be governed by the laws of Singapore. If any term, of this Terms & Conditions is or becomes illegal, invalid or unenforceable the relevant term shall be severed and the remaining terms of the Terms & Conditions shall remain enforceable.
10.2. The parties shall first attempt to settle any disputes amicably between the parties. If the parties are unable to resolve such dispute amicably within sixty (60) days of the first notice of such dispute, either party may, to the exclusion of the Courts, refer the dispute for arbitration and final resolution to be conducted in accordance with the Arbitration Rules of Singapore for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of a sole arbitrator, and the language of the arbitration shall be English.
10.3. Neither party shall divulge or allow to be divulged to any third party (other than employees or affiliates of such party under similar confidentiality obligation) whether for profit or otherwise, nor make use of any confidential information, any manufacturing know-how, techniques and formulae, acquired by any means whatsoever from the other party, or disclosed in any manner by the other party (including via electronic or any other media), without the express consent of the other party.
10.4 Rental stock availability is subjected to prevailing order confirmation, first-come-first serve basis.
