| Standard Terms and Conditions of Sale
1. Terminology
In the Terms and conditions herein:
"Customer" means the party submitting the online order and identified
as the customer in the Customer Information from the Website or on the
application form as provided by Eye-Biz.com Pte Ltd.
"Products" mean the goods displayed/listed in the Website and/or
offered for sale on the Website
"Terms and Conditions" mean Eye-Biz.com Pte Ltd 's terms and
conditions of sale as stated herein ( as may be revised by Eye-Biz.com
Pte Ltd from time to time) and in any other documents issued by Eye-Biz.com
Pte Ltd or referred to herein, whether directly or indirectly, in the
course of the transactions contemplated herein
"Website" means any Eye-Biz.com Pte Ltd website, including this
website
2. Application of Terms and Conditions of Sale
By completing the stock purchase order form and clicking on the "
Continue" Button and submitting an order via Eye-Biz.com Pte Ltd
's on-line system, the Customer represents and warrants that the Customer
has the requisite legal capacity, authorization and consent (under the
relevant laws in the relevant jurisdiction) to contract with Eye-Biz.com
Pte Ltd and agree to be bound by the Terms and Conditions.
The Terms and Conditions represent the complete and existing contract
between the Customer and Eye-Biz.com Pte Ltd in relation to a purchase
of any of the Products. Any typographical, clerical or other error or
omission in any sales literature, quotation, price list, acceptance of
offer, invoice or other document or information issued by Eye-Biz.com
Pte Ltd shall be subject to amendment without any liability on the part
of Eye-Biz.com Pte Ltd.
3. Characteristics of Products
Eye-Biz.com Pte Ltd has tried its best to ensure that the images of the
products materially resemble the Products delivered to the Customer. These
images are provided to Eye-Biz.com Pte Ltd by the suppliers/manufacturers
of the Product or other third parties. Due to the differences in monitors,
the color seen on screen may not be the exact color of the Product. Accordingly
and due to limitations beyond Eye-Biz.com Pte Ltd 's control, Eye-Biz.com
Pte Ltd is not responsible or liable for any differences or non-conformity
of the products delivered to the Customer as compared to the images of
the Products displayed in the Website
4. Availability of Products
All orders shall be subject to the availability of Products. Customers
may indicate the required date of delivery during the order process. The
delivery period(s) is subject to availability of Stock or to Production
capacity of Vendors / Suppliers. Eye-Biz.com Pte Ltd makes no representations
or warranties that the Products will be duly available within the Customers
required date.
5. Order Confirmation and Cancellation
Orders submitted by the Customer shall be deemed accepted by Eye-Biz.com
Pte Ltd unless and until Customer provides an email/fax/written request
of cancellation or amendment of the order and Eye-Biz.com Pte Ltd issues
a reply of confirmation via email or fax or letter. Customer undertakes
to indemnify Eye-Biz.com Pte Ltd for any loss, damage, cost or expense
(including but not limited to cancellation fees, warehousing/storage expenses
and shipping/handling expenses) suffered or incurred by Eye-Biz.com Pte
Ltd as a result of such cancellation of or changes to Customer's order.
Customer hereby acknowledges that Eye-Biz.com Pte Ltd shall incur such
loss, damage, cost or expense in the event of any cancellation of and/or
changes to Customer's order. Customer shall (without prejudice to any
right or remedy available to Eye-Biz.com Pte Ltd under the Terms and Conditions
or general law) reimburse Eye-Biz.com Pte Ltd such loss, damage, cost
or expense on first demand by Eye-Biz.com Pte Ltd. Eye-Biz.com Pte Ltd
further reserves the right to suspend the performance of any of its obligations
under the Terms and Conditions until Customer indemnifies Eye-Biz.com
Pte Ltd accordingly.
6. Terms of payment
The prices of the Products are as displayed at the Website and are quoted
in Singapore Dollars (or such other currency denoted at the Website).
Eye-Biz.com Pte Ltd reserves the right to change the prices quoted due
to unforeseen circumstances but shall inform Customer by email or fax
(at the email address or fax number provided by the Customer) if and where
an order has been placed but is as yet to be delivered. All prices quoted
are exclusive of taxes, bank charges or other fees unless otherwise stated
but inclusive of delivery charges and subject to the terms as laid out
under Clause 8.
Where applicable, credit terms may be offered to Customer. Eye-Biz.com
Pte Ltd reserves the right to impose interest on late payments at such
rate(s) as will be notified to Customer. Customer shall confirm its acceptance
of such credit terms and relevant interest rate(s) on late payments immediately
upon being notified by Eye-Biz.com Pte Ltd, failing which, Customer shall
be deemed to have accepted such credit terms and interest rate(s) on late
payments 3 days after receipt of such notice from Eye-Biz.com Pte Ltd.
Without prejudice and in addition to any right of set-off, lien or other
rights to which Eye-Biz.com Pte Ltd has, or, is at any time entitled to
(whether by operation of law or contract or otherwise), Eye-Biz.com Pte
Ltd reserves the right to, at any time, set off any amount due to Customer
in or towards the satisfaction of any sum then due from Customer to Eye-Biz.com
Pte Ltd.
7. Retention of title, passing of risk
Notwithstanding anything to the contrary, title to the Products remains
with Eye-Biz.com Pte Ltd until all amounts payable in respect of the Products
are received in full by Eye-Biz.com Pte Ltd. Risk in the Products shall
pass from Eye-Biz.com Pte Ltd to Customer upon delivery or deemed delivery
of the Products to Customer.
8. Delivery, Delayed Delivery, Non-Delivery
Eye-Biz.com Pte Ltd shall be obliged to deliver the Products to the Customer
once the order is received by Eye-Biz.com Pte Ltd but subject to availability
of stock or Vendor completion of order. Delivery areas are for mainland
Singapore only. Customers who require delivery outside of mainland Singapore
will be subject to a delivery charge. The Customer will be informed of
the quantum of this delivery charge. The Customer can appoint an agent
to receive the goods on their behalf for delivery outside of mainland
Singapore by issuing a letter of indemnity to release the aforesaid goods
to the Customer's agent.
Delivery of the Products shall be made in accordance with the trade terms
agreed at such place, date or time as Eye-Biz.com Pte Ltd may notify the
Customer by email or fax. Eye-Biz.com Pte Ltd may defer delivery if the
Customer is in arrears of payment to Eye-Biz.com Pte Ltd or if the Customer
has exceeded the agreed Credit Limit. Any time period indicated at the
Website as to the delivery period of the Products are estimates only.
Eye-Biz.com Pte Ltd shall undertake all reasonable efforts to ensure that
the Products are delivered to Customer within the relevant period(s) specified
at the Website, or as agreed between Eye-Biz.com Pte Ltd and Customer.
Notwithstanding the aforesaid, Eye-Biz.com Pte Ltd is unable to guarantee
there shall be no late delivery or non-delivery of the Products and Eye-Biz.com
Pte Ltd makes no representations or warranties that the Products will
be delivered within such period(s). Customer hereby agrees that Eye-Biz.com
Pte Ltd shall not liable for any loss, damage, cost or expense suffered
or incurred by Customer as a result of such late delivery or non-delivery.
Where the Products are delivered in installments, each delivery shall
constitute a separate contract. A failure by Eye-Biz.com Pte Ltd to deliver
any one or more of the installments in accordance with the Terms and Conditions
or a claim by Customer in respect of any one or more installments shall
not entitle Customer to treat the contract between Customer and Eye-Biz.com
Pte Ltd as a whole to be repudiated.
9. Product Warranty
Eye-Biz.com Pte Ltd shall pass on any product warranty offered by the
manufacturer of the Products to Customer. However, as Eye-Biz.com Pte
Ltd does not manufacture the Products itself, Eye-Biz.com Pte Ltd shall
neither be responsible for any faults or defects in respect of the Products
nor shall it be liable for any claim for loss, harm or damage by the Customer
or any end-consumer or any third party arising out of or in connection
with the Products.
10. Returns
In the event that the Products or parts of the Products are damaged, defective
or faulty (through no fault of Customer), Eye-Biz.com Pte Ltd shall, at
its option:
- refund the price of the Products; or
- replace the Products or part(s) thereof; or
- provide Customer with a credit of the price of the Products
Provided That:
- Customer notifies Eye-Biz.com Pte Ltd of Customer's intention to return
the Products within 7 days of the delivery or deemed delivery of the Products
to Customer; and
- Customer returns the Products or part(s) thereof to Eye-Biz.com Pte
Ltd in their original packing to such collection point designated by Eye-Biz.com
Pte Ltd; and
- Eye-Biz.com Pte Ltd agrees to such return of the Products or part(s)
thereof by Customer.
Customer shall bear all delivery charges in relation to the return of
the Products or part(s) thereof to the collection point designated by
Eye-Biz.com Pte Ltd.
11. Ownership of intellectual property rights
All intellectual property rights existing in or in relation to the Website
and/or its contents (including but not limited to any text, picture, image,
sound, graphics, video and other data), the Products and/or any information,
images or drawings supplied with the Products belong to Eye-Biz.com Pte
Ltd and/or the supplier/manufacturer of the Products (where applicable).
Nothing herein shall or shall be deemed to pass any such intellectual
property right to Customer.
Eye-Biz.com Pte Ltd makes no representations or warranties of any kind
(whether express or implied) as to the intellectual property rights in
relation to the Products and/or any information images or drawings supplied
with the Products.
Customer undertakes not to use or download any material from the Website
and/or its contents (including but not limited to any text, picture, image,
sound, graphics, video and other data) without the first obtaining prior
consent or a license to do so from Eye-Biz.com Pte Ltd.
12. Indemnity
Customer shall indemnify Eye-Biz.com Pte Ltd fully against all losses,
liabilities, costs and expenses, which Eye-Biz.com Pte Ltd may suffer
or incur as a result of Customer's breach of any of its obligations under
the Terms and Conditions.
13. Termination
Without prejudice to any other right or remedy available to Eye-Biz.com
Pte Ltd, Eye-Biz.com Pte Ltd reserves the right to terminate the contract
between Customer and Eye-Biz.com Pte Ltd as constituted by the Terms and
Conditions by 3 days' written notice in the event that:
- Customer fails to make any payment on the due date; or
- Customer goes into liquidation, or, a meeting is called for the purpose
of considering liquidation, or, where Customer proposes to or enter into
any scheme of arrangement or composition with its creditors, or, where
a provisional liquidator, judicial manager or receiver is appointed in
respect of the whole or part of Customer's undertaking, property or assets;
or
- Customer's commits a material breach of the Terms and Conditions; or
- Customer's credit terms are revoked by the relevant credit insurer.
Following termination the contract, each party's respective rights and
obligations shall expire and neither party hereto shall have any liability
to the other party by reason only of such termination except that neither
party shall be deemed to be released from any liability or obligation,
or have released any right or remedy, in respect of any breach by the
other party of its obligations under the Terms and Conditions that occurred
prior to termination.
14. Limitation of Liability
ALTHOUGH THE INFORMATION PROVIDED IN THIS WEBSITE IS PRESENTED IN GOOD
FAITH AND BELIEVED TO BE CORRECT AS OF THE DATE IT IS SUBMITTED, THE WEBSITE
IS PROVIDED ON AN "AS IS" BASIS. EYE-BIZ.COM PTE LTD MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF SUCH
INFORMATION, DUE LARGELY TO THE FACT THAT MUCH OF SUCH INFORMATION IS
SUPPLIED TO EYE-BIZ.COM PTE LTD BY THE SUPPLIERS/MANUFACTURERS OF THE
PRODUCTS.
CUSTOMER IS SOLELY RESPONSIBLE FOR AND SHALL MAKE ITS OWN DETERMINATION
AS TO WHETHER THE PRODUCTS ARE SUITABLE FOR THEIR PURPOSES AND WHETHER
THE PRODUCTS CONFORM TO THE SPECIFICATIONS OR REQUIREMENTS IMPOSED ON
SUCH PRODUCTS UNDER ANY LAWS, REGULATIONS, GUIDELINES OR STANDARDS UNDER
ANY JURISDICTION AS ARE APPLICABLE TO CUSTOMER.
NOTHING CONTAINED IN THE WEBSITE AND IN THE TERMS AND CONDITIONS IS TO
BE CONSTRUED AS A RECOMMENDATION BY EYE-BIZ.COM PTE LTD TO USE ANY PRODUCT.
EYE-BIZ.COM PTE LTD IS NOT LIABLE FOR ANY NON-CONFORMITY OF ANY OF THE
PRODUCTS TO THE SPECIFICATIONS OR REQUIREMENTS IMPOSED ON SUCH PRODUCTS
UNDER ANY LAWS, REGULATIONS, GUIDELINES OR STANDARDS UNDER ANY JURISDICTION
AS ARE APPLICABLE TO CUSTOMER.
EYE-BIZ.COM PTE LTD MAKES NO REPRESENTATIONS OR WARRANTIES OR ANY KIND,
EXPRESS OR IMPLIED, IN RELATION TO THE OPERATION OF THE WEBSITE, THE CONTENTS
OR THE WEBSITE OR ANY OF THE PRODUCTS AND ALL REPRESENTATIONS OR WARRANTIES,
WHETHER EXPRESS OR IMPLIED (INCLUDING REPRESENTATIONS OR WARRANTIES AS
TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED.
EYE-BIZ.COM PTE LTD IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR
NATURE WHATSOEVER (WHETHER UNDER CONTRACT, TORT OR OTHERWISE), ARISING
FROM, IN CONNECTION WITH OR IN RELATION TO ANY OF THE PRODUCTS OR THE
USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS,
BUSINESS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS).
15. Force Majeure
Notwithstanding any provision in the Terms and Conditions, Eye-Biz.com
Pte Ltd is not liable for or be deemed to be in breach of the Terms and
Conditions by reason of any delay in performing, or failure to perform,
any of its obligations in relation to the Products, if the delay or failure
is due to any cause beyond its reasonable control. Without prejudice to
the generality of the foregoing, the following shall be regarded as causes
beyond Eye-Biz.com Pte Ltd 's reasonable control:
- Acts of God, explosion, flood, tempest, fire, accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- import or export regulations or embargoes;
- acts, restrictions, regulations, bye-laws, prohibitions or measures
of any kind on the part of any governmental, parliamentary or local authority;
- strikes, lock-outs or other industrial actions or trade disputes;
- errors, omission or failure of any electronic systems relied upon in
the performance of Eye-Biz.com Pte Ltd 's obligations; and
- any other circumstances which shall make it impossible or inadvisable
for Eye-Biz.com Pte Ltd to perform its obligations.
16. Severability
In the event that any of term or condition is deemed by any court (or
dispute resolution body) having jurisdiction to be illegal, invalid or
unenforceable, it shall in no way affect or prejudice the legality, validity
or enforceability of any other term or condition in the Terms and Conditions.
If any term or condition is deemed by such court (or dispute resolution
body) to be unenforceable because such term or condition is too broad
in scope, such term or condition shall be construed to be limited in scope
to the extent as shall be deemed necessary to make it enforceable. If
any term or condition shall be deemed inapplicable by any such court to
any party hereto or circumstances, it shall nevertheless be construed
to apply to all other parties hereto and circumstances.
17. Arbitration
Customer agrees to refer any disputes arising out of, or in connection
with the Terms and Conditions, (including any disputes or questions regarding
its existence, validity or termination) to arbitration in the Republic
of Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre ("SIAC") for the time being
in force which rules are deemed to be incorporated by reference into this
provision. All arbitration proceedings shall be conducted wholly in English
language. The arbitration tribunal shall consist of 1 arbitrator to be
appointed by the SIAC in accordance with the SIAC Rules and the decision
of the Tribunal shall be final and binding.
18. Laws and Regulations
By transmitting an order via the Website, the Customer agrees that Singapore
law shall govern the Terms and Conditions and any contract or legal relationship
formed on the basis of the order.
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