GENERAL TERMS & CONDITIONS OF SALE FOR KS E-COMMERCE WEB PORTAL

These terms and conditions form an integral part of the quotation and/or invoice on the sale of goods or products (the “Product” or “Products”) by KS Distribution Pte Ltd and its group of companies (the “Seller”) via KS E Commerce Web Portal. KSD General Terms and Conditions of Sale apply. In the event of inconsistencies between the these terms and KSD General Terms and Conditions of Sale, the terms of the KS-E Commerce shall prevail to the extent of such inconsistency and no further. These terms and conditions take precedence over the customer’s (the “Buyer”) supplemental or conflicting terms and conditions to which notice of objection is hereby given. Buyer’s acceptance of the goods or products from the Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

1. Placing an Order via KS E commerce

An order is made only when the “Submit Order” button is selected. Item(s) saved in shopping cart do not constitute a sales order and are subject to change in pricing and/or stock availability without any prior notice. Seller reserves the right to accept or reject any order.

2. Prices

All prices indicated are in Singapore Dollars, unless stated otherwise, and exclude freight costs, documentation charges (if any), certification fees (if applicable), prevailing GST, any custom duties or taxes payable to government bodies.

Prices of goods displayed are subject to change without prior notice.

3. Goods and Services Tax

Goods and Services Tax (GST) will be charged for any delivery to a local address. Requests for zero-rating of supply, or refund of GST paid, if applicable, must be supported with relevant documentation i.e. Rig Stamp, export documents etc., as may be required by the regulatory authorities and/or the Seller and within the stipulated timeline thereof.

4. Delivery & Delivery Status

Unless stated otherwise, Delivery Lead Time will be indicated on the KS E Commerce Portal in real-time.

Once the goods have been successfully delivered, the delivery status in Buyer’s account will reflect one of the following:

  1. Delivered – For local delivery to customer’s address or customer’s forwarder
  2. Collected – For customers who self-collect from our warehouse
  3. Completed – For any delivery via third party courier services (DHL, FEDEX etc)

5. Packaging

Standard packaging applies, unless otherwise requested or indicated. Special packaging request, if any, must be sent to the sales representative in charge offline, subject to Seller’s approval and additional cost(s) for such packaging, if applicable.

6. Payment Terms

Unless stated otherwise, payments for Product purchased by the Buyer are due 30 days after the delivery date or invoice date, whichever is the earlier. Time is of the essence where payment is concerned. Interest on late payment of invoices may be imposed on the Buyer at 1.0% per month at the sole and absolute discretion of the Seller. The Seller may (without prejudice to its other rights and remedies) terminate or suspend the whole or any outstanding part of the order until Buyer has rectified this breach.

Payment terms for non-registered customers will be Cash on Delivery for Singapore-based Buyer or Advance Telegraphic Transfer / Funds Transfer for Overseas Buyer.

7. Order Cancellation

Once the “Submit Order” button has been selected, cancellation of order/s is not permitted. Buyer will have to contact sales representative offline for any request for order cancellation. Cancellation request will be considered on a case by case basis, and may be subject to cancellation charges and such other fees as may be imposed by the Seller at its sole discretion. Seller’s decision to accept or reject cancellation of order shall be final.

8. Exchange and or Return of Items

Once the “Submit Order” button has been selected, no return or exchange of items will be permitted. Buyer will have to contact sales representative offline for any such request for exchange or return of item(s). Exchange or return request will be considered on a case by case basis, provided always, that the item(s) is in its original packaging, unused, undamaged and in saleable condition, and may be subject to re-stocking fees and such other fees as may be imposed by the Seller at its sole discretion.

9. Product Catalog / Website Information

Product depictions in the catalogs and websites are for illustrative purposes only. While every effort is taken to ensure the correctness of the information contained or uploaded in the catalogs and websites, including safety of usage thereof, Seller does not warrant the same to be free of error, and reserves the right to revise or correct the information or publishing errors, as the case may be.

10. Third Party Inspection

Specification, testing and inspection are as per the Mill or Manufacturer’s Certificate. Any request by Buyer for additional testing is chargeable at prevailing market rates. The Seller does not guarantee the satisfactory results for testing and inspection that are not within the standard specification. If requested, the additional time required for such testing and inspection shall be discussed and mutually agreed between the Seller and Buyer. Where no such agreement can be made, the Seller shall be entitled not to proceed with such additional testing without incurring any liabilities towards to the Buyer.

11. Limited Warranty

The Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property right (“IPR”) infringement. Unless otherwise indicated, Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products for a period of three (3) months from delivery. If Seller breaches this warranty, Buyer’s sole and exclusive remedy is limited to (at Seller’s election): (1) refund of monies paid by Buyer for such affected Products (without interest), provided such monies have been received by the Seller, or (2) repair of such affected Products, or (3) replacement of such affected Products; provided that such affected Products must be returned to Seller, along with satisfactory evidence of defect(s), within 30 days from date of delivery, transportation charges and all requisite charges and duties prepaid. No warranty will apply for normal wear and tear, or if the Product has been subject to misuse, mismanagement, improper or wrongful handling, static discharge, neglect, accident or modification, or has been soldered.

Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. In particular, Seller makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose, non-infringement of third party rights and warranties against latent defects.

12. Limitation of Liabilities

Buyer shall not be entitled to, and Seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, loss of data, removal or reinstallation costs, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, punitive, incidental or consequential damages of any nature, whether or not such losses were foreseeable. Buyer’s recovery from Seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.

Buyer will indemnify, defend and hold seller harmless from any claims based on (a) Seller’s compliance with Buyer’s designs, specifications, or instructions, (b) modification of any products by anyone other than Seller, or (c) use in combination with other products.

To the fullest extent permitted by law, Buyer shall indemnify, defend and hold Seller harmless from and against claims, demands, liabilities or costs whatsoever for loss of or damage to the property of the Buyer, or for personal injury or death of any member of the Buyer’s group (including its contractors and/or sub-contractors, employees, servants and/or agents) howsoever arising out of or in connection with the performance of the contract.

To the fullest extent permitted by law, Seller shall indemnify, defend and hold Buyer harmless from and against claims, demands, liabilities or costs whatsoever for loss of or damage to the property of the Seller, or for personal injury or death of any member of the Seller’s group (including his contractors and/or sub-contractors, employees, servants and/or agents) howsoever arising out of or in connection with the performance of the contract.

13. Force Majeure

Seller is not liable for failure to fulfill its obligations for any accepted order(s) or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

14. Governing Law and Arbitration

The Buyer and Seller shall be governed by the laws of the Republic of Singapore to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with this sale, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference to this clause. The Tribunal shall consist of three (3) arbitrators to be appointed by the Chairman of the SIAC. The language of arbitration shall be English.

15. Exclusion of Rights of Third Parties

The application of the Contracts (Rights of Third Parties) Act (No. 39 of 2001) and its subsequent amendment, revision or replacement thereof is expressly excluded in so far as these terms and conditions are concerned.