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
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