Definitions

•  For the purpose of this Agreement, the following expressions shall bear these respective meanings :
  “ Agreement” means the contract for the sale of Products by TOLAY to Customer through this site and the use of this site;
  “ Clause” means a clause of these Terms and Conditions;
  “ Customer” means the person whose order to purchase products is accepted by TOLAY;
  “ Products” means the products forming the subject matter of the Agreement and includes any and all parts, components and materials embodied or included in them, and any service or licence as may be applicable;
  “ Price” means the price of the Product;
  “ www.TOLAYONLINE.com” or “TOLAY” means TOLAY ELECTRICAL TRADING PTE LTD, a company incorporated in Singapore and having its business office at 460 Geylang Road Singapore 389419, Republic of Singapore

Agreement and Terms

• TOLAY shall sell to Customer and Customer shall purchase from TOLAY, Products subject to these Terms & Conditions, which appear in some or all of TOLAY's price lists, product catalogues, quotations and invoices.
• This Web site is offered to you conditioned on your acceptance without modification of the Terms & Conditions, Notices, Product Descriptions and Specifications, contained herein. Your use of the Web site constitutes your agreement to all such Terms & Conditions, Notices, Product Descriptions and Specifications.
• TOLAY reserves the right, at any time, to modify, alter, update, or remove portions of these Terms and Conditions, Product Descriptions and Specifications, so please check them (including your Privacy Policy and all other policies) from time to time as your continued use of the site signifies your acceptance of any changed items.

Copyrights and Links

• TOLAY shall sell to Customer and Customer shall purchase from TOLAY, Products subject to these Terms & Conditions, which appear in some or all of TOLAY's price lists, product catalogues, quotations and invoices.
• This Web site may contain links to other World Wide Web sites or resources operated by other parties other than TOLAY. Such links are provided for your convenience only and TOLAY is not liable or responsible for any content, advertising, products, or other materials on or available from such sites or resources.
  

Privacy Policy

• Personal information collected in the Member’s Registration and Checkout/Shopping Cart forms are meant for internal use. We do not share this information with outside parties except to the extent necessary to complete the order or to provide services where the outside party is acting on our behalf and has no independent right to use the information we provide (i.e. a third party order fulfillment or shipping centre)
  

Product, Information, Sales, Availability, Payment and Transaction

• No contract shall exist until Customer’s order is accepted by TOLAY. TOLAY reserves the right to refuse to accept an order from a Customer without reason or prior notice.
• Title of the Products remains with TOLAY until all amounts payable in respect of Products to TOLAY by Customer is received in full by TOLAY.
• All successful orders on TOLAY purchases as well as standard purchases made are payable on demand in Singapore (S$) dollars by credit card (via eNETS Credit), cash, cashier order, or bank transfer.
• Risk in Products shall pass from TOLAY to Customer upon delivery of Products to Customer.
• All products displayed on this site are available while supplies last.
• The receipt of an e-mail order confirmation does not constitute the acceptance of an order. Prior to the acceptance of an order, verification of information may be required.
• In an event where prior to delivery of the product(s), the customer requests an order cancellation with valid reason(s) applicable in writing, TOLAY will have absolute discretion to accept or reject the cancellation request. TOLAY also reserves all rights to charge a cancellation fee up to an amount not more than the price of the product(s).
• All prices displayed on the site are quoted in Singapore (S$) dollars and all orders are valid and effective only in Singapore.
• All Prices are quoted F.O.B. Territory and do not include any import or export fee, duty, tariff, tax or other charges unless otherwise stated. Any such charges will be shown in TOLAY’s invoices where applicable. Customer is deemed to have given TOLAY consent to pay any such charges on behalf of the Customer, and Customer undertakes to repay TOLAY any such charge paid by TOLAY on behalf of Customer.
• TOLAY reserves the right to revise and or discontinue any Product. Revised Products may differ in detail but shall have the functionality and performance of Products ordered. Customer acknowledges and accepts that the specification of Products delivered to Customer may differ from those described in any specification pages, sheet or product catalogue.
• Please note that while we have tried to accurately display the product’s colours, the actual colours you see will depend on your monitor and may not be accurate.
• Descriptions of, or references to, products or services on this site do not imply endorsement of that product or service, or constitute a warranty, by TOLAY.
  

Delivery

• TOLAY has no obligation to deliver Products until Payment and any other applicable charges are received in full by TOLAY in the currency in which the Price has been quoted.
• Delivery dates and times requested by Customer and acknowledged in the Order form are indicative only and not confirmed at the point of ordering. Customer acknowledges that it shall not be an obligation on TOLAY.
• Delivery rates may be subject to the prevailing rates that will be indicated to the Customer at the time of purchase via the order form. TOLAY reserves the right to charge and change the delivery rates without prior notice to the Customer.
• If Customer fails to take delivery of Products or fails to enable TOLAY to make delivery (whether by refusal, or failure to provide any instruction, document, licence, authorisation or otherwise), delivery shall be deemed to have taken place upon TOLAY giving notice to Customer of such deemed delivery whereupon risk in Products shall pass immediately to Customer. Customer shall reimburse all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by TOLAY as a result of Customer’s inability, failure or refusal to take physical delivery.
• Unless the Customer notifies TOLAY to the contrary the day after the delivery of Products, Products shall be deemed to have been accepted by Customer in good condition and in accordance with the Agreement.

Warranty, Service and Support

• TOLAY is committed to working with you to ensure that every product under manufacturer warranty performs to the manufacturer’s specifications.
• Except for warranties delivered with the Products (if any) and the provisions contained in this Clause, TOLAY disclaims all warranties, either express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.
• All defective Products, in their original packing and state, may be returned for replacement or repair within seven (7) days of the Invoice date, only at TOLAY’s discretion. You may contact our Customer Service Department using the contact information listed. After the 7-day period, the manufacturer warranty will apply and all claims must be made to the Product’s manufacturer.
• Unless otherwise stated or represented, all products have a warranty period of 12 months stating after seven (7) days from the Invoice date.

Limitation of Liability

• In no event shall TOLAY be liable for any direct, consequential, indirect, incidental or special damages whatsoever, arising out of the use of or inability to use Products, even if TOLAY has been advised of the possibility of such damages. Without any limitation, TOLAY shall not be liable for damages or loss of business profits or business information, business interruption, and the like.

Force Majeure

• No party shall be liable to the other for any delay in performing any of its obligations under the Agreement if such delay is caused by circumstances beyond the reasonable control of the party so delaying. Such party shall be entitled to a reasonable extension of time for the performance of such affected obligations.
  

Export Restrictions

• Customer acknowledges that Products licensed or sold under the Agreement may be subject to the export control laws of certain countries. Customer confirms that it will not export or re-export Products, directly or indirectly, either to (i) Any country which is subject to any export restriction imposed by any other country, or (ii) Any end user who has been prohibited from participating in export transactions by any agency of any government. Customer also confirms that Products will not be sold or licensed to an end user whom Customer knows or has reason to know will utilise Products directly or indirectly in nuclear activities, whether the items are specifically designed or modified for such activities. Customer further states that Products will not be destined for or used in the design, development, production or use of missiles or missiles projects. Customer further acknowledges that Products may include technical data subject to export and re-export restrictions imposed by certain countries.

Termination of Usage

• These Terms and Conditions are in force until terminated by either you or TOLAY. You may terminate these Terms solely by discontinuing your use and access to the site. TOLAY may terminate this Agreement, or suspend your access to all or part of this site, without notice, for any conduct that TOLAY in its sole discretion, believes is disruptive to its site or is in violation of any applicable or these Terms and Conditions.
  

Usage by Minors

• TOLAY cannot prohibit minors from visiting this site. TOLAY must rely on parents, guardians and those responsible for supervising children to decide which materials are appropriate for such children to view and/or purchase.
• Each time you make a purchase at this site, you are representing to TOLAY that you are an individual 21 years of age or older, or a minor who is authorised by parent or guardian for such purchase.
  

General

• Customer shall not assign or otherwise transfer any of his rights and obligations under the Agreement whether wholly or partly without TOLAY’s prior written consent.
• If any provisions of these Terms and Conditions or part thereof is rendered or declared void, illegal or unenforceable by any legislation or any judicial or other competent authority to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.
• The headings to the Clauses are for easy reference only and shall not affect the interpretation or construction of these Terms and Conditions
• This Agreement shall be governed by the laws of the Republic of Singapore and the parties submit to the non-exclusive jurisdiction of the Singapore courts.
• This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Web site.

Feedback

• We welcome your feedback. Should you feel dissatisfied with any of our goods or
  services, please contact us at Tel: +65 6745 9698, Fax: +65 6745 1916 , Email: sales@tolayonline.com
  
  Alternatively, customers may refer their complaints to the BusinessTrust Secretariat if they are not satisfied with the resolution of the complaint. Complaints can be referred to

BusinessTrust Secretariat
Mr Ramesh Vakkiprath
35 Selegie Road, #09-25, Parklane,
Singapore 188307
Email: ramesh@cnsg.com.sg
http://www.commercetrust.com.sg