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Terms & Conditions

These terms and conditions (“Conditions”) govern the sale of products ("Products") and the provision of information (“Content”) by Excelpoint Systems (Pte) Ltd and its subsidiaries in the Asia/Pacific region ("Seller") through this website (“Website”). By using this website, you (“Customer”) AGREE to be bound by its CONDITIONS OF USE (set out below), LEGAL POLICY, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on this website. SELLER reserves the right to amend any terms and conditions without prior notice.

By accessing and using this Website or any Contenton this Website you agree on your own behalf, and on behalf of any entity for which you are an agent or you appear to represent, (collectively and individually “you,” “your,” or “user”) to each of the terms and conditions set forth herein (collectively the "Terms and Conditions"). By ordering the Products via this Website or by mail, e-mail, phone, fax, or any other method, you agree to the Terms and the Conditions.

Any purported change submitted by Customer in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from the Terms and Conditions may be accepted, but solely on the basis that the Terms and Conditions shall prevail.

1. Disclaimer of Warranties

Seller agrees to transfer to Customer, at the time of sale, to the extent transferable, whatever transferable warranties Seller receives from the manufacturer of Products sold to Customer.

TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCTS, OR WITH RESPECT TO THE WEBSITE OR THE CONTENT,AND SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR THE SUITABILITY FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR RESPECTING INFRINGEMENT WITH REGARD TO THE PRODUCTS, THE WEBSITE AND THE CONTENT.

SELLER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

SELLER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.

THE PRODUCTS ARE SUPPLIED ON AN "AS-AVAILABLE" BASIS. THE WEBSITE AND THE CONTENT ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS.SELLER IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.

Customer’s obligations and Seller's remedies with respect to defective or nonconforming Products are solely and exclusively as stated in the Terms and Conditions.

a. No Use as Critical Components

Products sold by Seller are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. CUSTOMER AGREES TO INDEMNIFY AND DEFEND SELLER AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.

b. Statement and Advice

If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice shall be deemed to be given as an accommodation to Customer and without charge. Seller offers its advice solely as a convenience to Customer. Seller strives to provide useful information regarding the Products. Seller does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Seller shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or Customer’s reliance on such information or recommendation. Customer is solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Seller, and any reliance on such information or recommendation is at Customer’s sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and Seller does not guarantee that such information or recommendations are accurate, complete or correct.

c. Third Party Links

Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Seller of the third party, the third-party website, or the information contained therein, unless expressly stated on the Website. Customer acknowledges and agrees that Seller is not responsible for the availability of any such websites and that Seller does not endorse or warrant, and is not responsible or liable for, any such websites or the contents thereon.

d. Geographic Limitations on Use

Like most internet websites, this Website is accessible worldwide. However, not all Products offered by Seller are available to all persons or in all geographic locations. Seller reserves the rights to limit the provision of Products to any person, geographic area, or jurisdiction and to limit the quantities of any Products that it provides. Customer agrees to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

e. Infringement Disclaimer

The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Seller shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. Customer’s only remedy or recourse for copyright, design or patent infringement shall be against the manufacturer of the Products. If an order includes software or other intellectual property, such software or other intellectual property is provided by Seller to Customer subject to all applicable copyrights and/or user licenses, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.

2. Use of Personal Data

Seller handles personal data in accordance with the terms of its privacy policy and the consents it has received from each personal data owner. Seller’s privacy policy outlines how and the purposes for which Seller manages, collects, uses and transfers personal data.

3. Limitation of Liability

IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CLAIM, DAMAGES, COMPENSATION, COSTS, EXPENSES LOSSES OF ANY KIND, DIRECT OR INDIRECT OR INCIDENTAL OR CONSEQUENTIAL OR SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY ARISING OUT OF OR RELATING TO (I) ANY PRODUCTS PROVIDED OR TO BE PROVIDED BY SELLER, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THIS WEBSITE (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS WEBSITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEBSITE, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, OR THIS WEBSITE; EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE LIABILITY OF SELLER RELATING IN ANY WAY TO THE PRODUCTS OR ANY ORDER (WHETHER UNDER BREACH OF CONTRACT, TORT, MISREPRESENTATION, FRAUD, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BRANCH OF LAW) OR THIS TERMS AND CONDITIONS EXCEED THE PURCHASE PRICE FOR THE PRODUCTS.

CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY SELLER AND INCORPORATED INTO PRODUCTS OR SERVICES SUPPLIED BY THE CUSTOMER.

IF CUSTOMER IS DISSATISFIED WITH THIS WEBSITE OR WITH THE TERMS AND CONDITIONS, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. CUSTOMER ACKNOWLEDGES THAT THE USE OF THIS WEBSITE IS AT CUSTOMER’S SOLE RISK.

This Section sets out the entire liability of Seller to Customer in respect of the supply of Products and shall be in lieu and to the exclusion of all other warranties, conditions, and other terms implied by statute or common law save for any implied terms which by law cannot be excluded. Seller hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations express (other than those set out in this Terms and Conditions or given in accordance with them) or implied, statutory, customary or otherwise, and Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to repairing or replacing Products or, at the Company's option, refunding monies already paid in respect of the Products or in the case of supply of Products, payment of the cost of having the Products repaired.

Any cause of action against Seller with respect to Products must be instituted within one (1) year from the date of purchase or provision of the applicable Products.

4. Indemnification

Customer understands and agrees that Customer is personally responsible for Customer’s use or inability to use the Products, Customer’s reliance upon any information or recommendation provided by Seller, and Customer’s behavior on this Website. Customer agrees to indemnify, defend and hold harmless Seller from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of use, misuse, or inability to use the Products or this Website, reliance upon any information or recommendation provided by Seller, or any violation by Customer of the Terms and Conditions, including any violation of Seller’s Return Policy (see Return Policy hereinunder).

5. Termination and Waiver

Seller reserves the right to deactivate, suspend, block or terminate Customer’suse of the Website if such use is found or is reasonably suspected to involve or facilitate any unauthorized, illegal, abusive, or unethical act or a violation of the Terms and Conditions. In addition, Seller reserves the right to deactivate, suspend, block or terminate Customer’suse of the Website or the Content immediately, without notice, in our sole discretion.

Seller reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Seller to disclose the identity of anyone violating the security of the Website or the Terms and Conditions.

Failure by Seller to exercise any right or remedy under the Terms and Conditionsdoes not constitute a waiver of that right or remedy.

6. Discontinuance of Service

Seller may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database, or Content. Seller may also impose limits on certain features and services or restrict Customer’saccess to parts or all of the Website without notice or liability.

7. Product Safety Notice and Restrictions

Products are intended for commercial and/or civil use only. Products are traceable to the OEM manufacturer and lot/date code where available and when requested at the time of order. Seller does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Customer areproduced by the manufacturer or transcribed from information provided by the manufacturer.

8. Force Majeure

Seller shall not be liable for delays in delivery or for failure to perform its obligations due to causes directly or indirectly beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, natural or artificial disasters, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, computer interruptions, terrorism, epidemics, pandemics, quarantine restrictions, riots, wars, strikes, delay by carrier or shortage of Products, which shall be considered as circumstances of force majeure excusing Seller from performance and barring remedies for non-performance. If force majeure circumstances occur, Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure circumstances without subjecting Seller to any liability or penalty. Seller may, at its option, suspend performance, cancel, terminate or vary the terms of the contract for the relevant Products, without any liability or penalty, by giving notice to Customer.

9. Order Validation and Acceptance

When Customer places an order, Seller may verify Customer’s method of payment and/or shipping address, if any, before processing Customer’s order. Customer’s placement of an order with Seller is an acceptance of Seller’s offer to sell Products, subject to availability and pursuant to the Terms and Conditions. Seller, at its discretion, may complete Customer’s order by processing Customer’s payment and shipping Product, or may, for any reason, decline to complete Customer’s order or any part of Customer’s order. No order shall be considered completed until Products have been shipped. If Seller declines to complete Customer’s order, Seller will attempt to notify Customer using the email address or other contact information Customer has provided with the order. Delivery and/or shipment dates provided in connection with any order are estimated date(s) only and do not represent fixed or guaranteed delivery dates.

Once the order is accepted, the order cannot be cancelled or reduced by Customer, without the prior written consent from Seller.

10. Order Quantity

Orders shall be in the specified standard pack quantity or multiples thereof.

Seller may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Seller may reject any order, or any part of an order.

11. Electronic Communication

When Customer places an order via this Website, Customer is required to provide a valid email address, which Seller may use to communicate with Customer regarding the status of order, advise Customer regarding shipment of backordered Products, and to provide Customer with any other notices, disclosures or other communications relating to the order. Customer agrees that Sellershall not be responsible for any damage Customer incurs, or information Customer does not receive, as a result of Customer’s failure to provide and maintain a valid email address.

12. Title & Delivery

Unless otherwise specified by Seller in writing, all deliveries are ExWorksSeller’s warehouse (defined in INCOTERMS 2010) and directly to the address indicated in the order. Each shipment of the Productsshall be in the specified standard pack quantity or multiples thereof. Title and risks shall pass to Customer upon delivery of the Products to the carrier.

Seller will use reasonable endeavours to meet delivery and/or performance estimates, but in no circumstances shallSeller, to the maximum extent permitted by law,be liable to compensate Customer for non-delivery, non-performance or late delivery or performance,unless such non-delivery, non-performance or late delivery or performance is caused directly by the willful act or grossly negligent act or omission of Seller. Time for delivery and/or performance shall not be of the essence. Seller may use any method of delivery available to it. Seller reserves the right to deliver or perform by instalments. Failure to meet a scheduled delivery or performance date, if any, shall not prevent or restrict Seller from making further deliveries or rendering subsequent performance under the relevant order by instalment.

If Customer fails to take delivery of the Products or fails to give Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond Customer’s reasonable control or by reason of Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, Seller may:

(i) store Products until actual delivery and charge Customer for the reasonable costs (including insurance) of storage; or

(ii) sell Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to Customer for the excess over the price under the order or charge Customer for any shortfall below the price under the order.

The quantity of any consignment of Products recorded by Seller upon despatch from Seller's place of business shall be conclusive evidence of the quantity received by Customer on delivery, unless Customer can provide conclusive evidence to the contrary to Sellerwithin one week of delivery.

13. Pricing and Product Information

Seller purchases all Products directly from their respective original manufacturer. Seller makes reasonable efforts to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Seller's acceptance of order. In the event Seller discovers a material error in the description or availability of a Product that affects the outstanding order with Seller, or an error in pricing, Seller will notify Customer of the corrected version, and Customer may choose to accept the corrected version, or cancel the order. If Customer chooses to cancel the order, and Customer’s credit card has already been charged for a purchase, Seller will issue a credit to Customer’s credit card in the amount of the charge.

14. Payment

Seller offers the below payment methods for Customer. Payment must be made in the currency in which the order is placed.

Payment method is PayPal

15. Shipping Charges

For any Customer’s order thatdoes not qualify for free shipping, shipping charges are prepaid and added to the invoice.

16. Freight Damage

If Customer receives Productsthat has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact Seller’s representative for further follow up and investigation.

17. Late Payments

Customer shall pay Seller all costs incurred by Seller in collecting any late payments from Customer, including all court costs, collection costs, and attorney's fees.

18. Ownership

Title in the Products shall not pass to Customer until such time as full payment for the Products has been received by Seller. Until title to the Products has passed to Customer, Customer shall keep the Products separate to Customer’s goods and to those of third parties and properly stored, protected, insured and identified as Seller’s property.

If any payment for Products is not received in full by the due date, or Customer becomes bankrupt, passes a resolution for winding up or a court makes an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of Customer or an execution or distress is levied against Customer, Customer shall not sell, use or part with possession of the Products, and Seller shall be entitled, without previous notice and without prejudice to the Seller’s other remedies, to retake possession of the Products and for that purpose to enter upon any premises occupied or owned by Customer.

If Products are mixed, processed or used so that they lose their identity or are irrevocably incorporated in, mixed with or applied to other goods to make another item, then ownership of Products shall pass to Customer, however a portion of proceeds of sale of any such item equivalent to the cost for the unpaid Products remains in trust for Seller until payment for Products is made in full.

19. Out of Stock

In case Customer has finished the payment with an order, but the item stock is insufficient or out of stock, the corresponding pro-rated refund will be granted by Seller to Customer.

20. Performance and Fitness for Purpose

Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by Seller in writing, Seller accepts no liability for any failure of Products to comply with such criteria, whether attributable to Seller's negligence or otherwise to the fullest extent permitted under applicable laws.

It is the responsibility of Customer to ensure that the Products are sufficient and suitable for a particular purpose of Customer unless specifically stated in writing by Seller. Any advice or recommendation given by an employee of Seller which is not confirmed in writing by a director of Selleris acted on entirely at Customer's risk and Seller shall not be liable for any such advice or recommendation which is not so confirmed. The liability of Seller to Customer, should any warranty, statement, advice or recommendation confirmed in accordance with the Terms and Conditions prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid by Customer for Products or, at Seller's option, the supply of replacement Products which are sufficient and suitable.

21. Export Compliance

Customer agrees to abide by all applicable laws and regulations that the Products are subject to, including the export or resale/re-export and/or import control laws and regulations of various countries (and in particular the export control regulations of Singapore and/or the USA, as amended) under the laws of the country of manufacture, the country of Seller/distributor, and the country in which Customer resides. Customer agrees to comply with such restrictions, laws and regulations and agrees that the Products will not be used, sold, re-exported or incorporated into products used directly or indirectly, in the design, development, production, stockpiling, or use associated with any chemical, biological, nuclear programs (including activities related to nuclear explosive devices, nuclear reactors, and nuclear fuel–cycle activities), nuclear weapons or missiles (including cruise and ballistic missile systems, space launch vehicles, sounding rockets, target drones, remotely piloted vehicles, and reconnaissance drones) or missiles capable of delivering such weapons, or in support of any terrorist activity or any other military use, nor will they be re-sold if it is known or suspected that they are intended to be used for such purposes and maritime nuclear propulsion projects except as authorized under applicable laws and regulations relating to the export and ⁄ or re–export of these items.

Customer shall be responsible for complying with any legislation or regulations governing the importation of the Products into the country of destination and for the payment of any duties thereon. Customer agrees that it will not sell, resell, re-export or ship or otherwise divert, directly or indirectly, any of the Products delivered by Seller and further agrees to comply strictly with all Singapore export laws and regulations, and assume sole responsibility for obtaining licenses to export or re-export as may be required. In the ordinary course of Seller’s business, Seller distributes Products which it purchases from the manufacturer/supplier thereof and Seller makes no alterations whatsoever before sale to the Customer. In so far as it is practicable, Seller maintains the integrity of and sells the Products in the manufacturer’s or supplier’s packaging. Customer agrees that in all cases, Customer has knowledge of the origin of the Products and all Customer’s Orders are placed in that knowledge and at the specific request of Customer. Any statement as to product country of origin, Export Control Classification Number, or compliance with applicable law (including, without limitation, that products are lead–free or RoHS compliant) is as provided to Seller by its manufacturers/suppliers, and Seller does not warrant its accuracy and will not be liable for any error with regard to same. Customer uses such information at its own risk.

If Customer breaches its obligations relating to export restrictions, Customer agrees that it does so completely at its own risk and irrevocably undertakes to indemnify Seller and its suppliers/manufacturers for any damages resulting from such sale or use or misuse, including Seller’s reasonable legal fees and expenses.

22. Trade Compliance

In relation to the transactions the subject of these Conditions, Seller agrees to comply with all applicable import, export, re-export, economic sanctions, anti-bribery and anti-boycott laws and regulations, international trade laws and any other applicable law.

23. Prohibited Applications

Products are strictly prohibited for use in anti-personnel landmines, or in any connection with biological, chemical or nuclear weapons or missiles to deliver them under any circumstances.

Products are not authorised for use in space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of Products could reasonably be expected to result in personal injury, death, environmental damage or severe property damage. Use or inclusion of Products in any such equipment, system or applications is also strictly prohibited.

Customer will indemnify Seller and its manufacturers against any and all losses, liability and expense (including legal and other costs) resulting from any such inclusion or use even if damage is attributed to defective design or manufacture.

24. Export Classification Disclaimer

Any use of Seller classifications, whether theybe ECCNs or any variation of Harmonized Tariff codes, is without recourse to Seller and at Customer’s risk. Export classifications are subject to change. If Customer intends to export or re-export, Customer, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by Seller is for Seller’s internal use only and shall not be construed as a representation or warranty regarding the proper export classification nor relied upon to make licensing determinations.

25. RoHS COMPLIANCE AND LEAD-FREE POLICY

It is the policy of Seller to identify and offer Products to Customer as RoHS Compliant or Lead Free, only after specific requirements have been met. Seller performs no testing of Products and relies solely on the manufacturer of Products for identification of RoHS Compliance and for absence of lead. Furthermore, Seller makes no warranty, certification or declaration of compliance concerning Products. Products are advertised or offered as RoHS Complaint or Lead-Free only after sufficient evidence is received from the component manufacturer; and any inventory, either in a bin or on order, has been determined to be RoHS compliant and/or Lead Free. Seller defines the term "RoHS" as manufacturer declared compliance to all restricted hazardous substance regulations under the WEEE or RoHS EU directives, regulations or laws. Seller defines the term "Lead Free" as pertaining to any product that has been declared by a manufacturer to be "Lead Free". All statements by Seller of RoHS compliance are based on manufacturer’s documentation.

26. WEEE POLICY (applicable for customers’ final products export to European countries)

Seller is not registered as a "producer", and does not provide a Waste Electrical and Electronic Equipment (“WEEE”) recycling program. A very small number of products that Seller sells are subject to the European Union Directive 2002/96/EC known as the WEEE Directive. Therefore, it is the policy of Seller not to export or place on the market, WEEE classified products (as defined by EU Directive 2002/96/EC) to Customer within the European Union member countries.

27. Counterfeit Product Prevention

Subject to the return policy, only Products originally shipped from Seller or from a manufacturer at Seller's direction (drop-ship) can be returned to Seller. All others will be promptly quarantined and disposed of or returned to Customer. By returning Products to Seller, Customer certifies that the Products were purchased from Seller and there has been no substitution in whole or part of same Product from another manufacturer, distributor or other such source of the Product.

28. Return Policy

Customer may return Products to Seller only with a return material authorization ("RMA") number issued by Seller. Customer must notify Seller in writing of any damage to the outer packaging or the Products, shortage, or other discrepancy ("Visual Defect") within 3 days after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products and may not revoke acceptance. RMAs will be issued only for Visual Defects created solely by Seller or the original manufacturer, and only if Customer satisfies the notice requirement. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party.

RMAs will not be granted also for Productsidentified as "NCNR", "Non-Cancelable/Non-Returnable" ("Non-Standard Products"), or governed by a Purchase Agreement Letter

Product return pursuant to a warranty requires written notice from Customer to Seller within the warranty period detailing the Product defect. Customer must return the Products to Seller freight prepaid in original manufacturer's shipping cartons or equivalent, along with acceptable proof of purchase, within the warranty period and as specified in the RMA. At Seller's discretion, Seller will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer's account at Customer's expense.

No returns may be made for any reason without a RMA issued by Seller. If Customer refuses to accept tender or delivery of any Products or returns any Products without authorization from Seller, such Products will be held by Seller awaiting Customer´s instruction for 20 days, after which Seller may deem the Products abandoned and dispose of them as it sees fit, without crediting Customer´s account

29. Changes to the Terms and Conditions

Products furnished by Seller are sold only on the Terms and Conditions. The sale of Products will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of Products. Seller's performance of any contract is expressly made conditional on Customer’s agreement to the Terms and Conditions. Commencement of performance and/or delivery shall be for Customer’s convenience only and shall not be deemed or construed to be acceptance of Customer’s terms and conditions or any of them. Acceptance by Customer of any goods or services shall be deemed acceptance by Customer of the Terms and Conditions stated herein.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Seller. The Terms and Conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction.

Seller reserves the rights to change the Terms and Conditions without notice. Customer is responsible for reviewing the Terms and Conditions prior to making any purchase from Seller, and Customer’s continued use of this Website acknowledges Customer’s agreement to this responsibility. As part of the registration process to become a registered user of certain functionalities on the Website, Customer by default elects to receive e-mails notifying Customer of changes to the Terms and Conditions and/or other Seller’s policies; Customer may elect not to receive these e-mails by opting out of this default option. Notwithstanding any provision of the Terms and Conditions to the contrary, Seller may make changes to the Terms and Conditions without notice to meet its commercial needs or comply with applicable laws or best practices and such changes shall be binding on Customer and Seller.

30. Applicable Law; Dispute Resolution

The Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore and the parties agree to submit to the exclusive jurisdiction of Singapore courts.

31. Governing Version

The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and other language version, if any.