BDG Global Pte Ltd (hereinafter referred to as "The Company") presents the following Terms and Conditions for Repair, Inspection, Maintenance, Modification, and Supply of Spares.
General:
The supply of any services, equipment, material, or components as described or referenced in the Company’s quotation, and at the specified prices, is expressly subject to the terms and conditions outlined below, including any additional terms mentioned in the quotation. By placing an order for any such services, equipment, material, or components, the Customer acknowledges acceptance of these terms, confirming their solvency.
Warranty:
The Company guarantees that the services to be performed and the equipment, material, and components provided shall be free from defects in material or workmanship and comply with the specified contract requirements. However, it is essential to note that if the Customer specifies a particular brand of equipment, material, components, or a specific method of work or design, the Company shall not be responsible for any defects related to those prescribed items. The warranty for each defect is valid if it becomes apparent to the Customer within six months from the completion date of the Company’s work (unless the quotation states otherwise as a one-year warranty), and the Company receives written notice of the defect within one month after its discovery by the Customer. Any necessary tests shall be mutually agreed upon, and the Company should be represented during such tests. If the services performed or the equipment, material, or components furnished do not meet the above warranty, and the Customer promptly notifies the Company, the Company will rectify the defect by repairing or replacing the defective work, equipment, or components at its discretion. The Company’s liability under this warranty shall not exceed the value of the work awarded to the Company, and it shall not be held accountable for any indirect, incidental, or consequential losses.
Patents:
The Company assumes no obligation regarding patent risks for the Customer. The Customer shall indemnify the Company against any damages, penalties, costs, and expenses resulting from the use of the Customer’s specifications and instructions that lead to an infringement of a registered design, patent, trademark, or trade name.
Delivery / Completion Dates:
Delivery or completion dates are approximate and subject to timely receipt of all necessary information and instructions.
Excusable Delays:
The Company shall not be held liable for any failure or delay in delivery or performance due to circumstances beyond its reasonable control, including acts of God, acts of the Customer, acts of civil or military authority, fires, strikes, floods, war, epidemics, delays in transportation, or the inability to obtain necessary labor, material, components, or manufacturing facilities. In such cases, the delivery or performance date shall be extended for a period equal to the duration of the delay.
Payments:
Payment of the contract price shall be made when the equipment, material, or components are ready for delivery at the Company’s facility or upon completion of work at the Customer’s premises, with prior notice from the Company. In the case of delivery by instalments, payments should be made on a pro-rata basis. The Company reserves the right to require full or partial payment in advance at any time. Payments should be made in favor of BDG Global Pte Ltd. Credit terms are set at 30 days, and overdue accounts will incur a 1% per month interest charge.
Termination:
In the event of the Customer’s bankruptcy or insolvency, or if any proceeding is brought against the Customer under bankruptcy or insolvency laws, or if the Company deems the Customer’s financial stability questionable, or if the Customer defaults in any payment, the Company may cancel any outstanding orders at any time. In such cases, the Customer shall reimburse the Company for all associated costs, expenses, and losses.
Title and Risk:
The title and right of possession of equipment, material, or components repaired, inspected, maintained, modified, and tested under the contract shall remain with the Customer, subject to any applicable lien rights of the Company and its right of sale in the event of nonpayment. Any equipment, material, or component held by the Company shall be at the Customer’s sole risk and expense, and the Customer shall arrange adequate insurance coverage. Title to any equipment loaned or hired to the Customer shall remain with the Company. All scrap resulting from the work shall be the property of the Company.
Cancellation:
The Customer may only cancel this order upon written notice and payment of a reasonable and proper cancellation charge as prescribed by the Company.
Assignment and Subcontracting:
The Company reserves the right to subcontract any or all of the work covered by the contract. The Customer may not assign this order or any rights hereunder without written consent from the Company.
Prior Agreement Superseded:
This document constitutes the entire agreement between the parties, and no modifications or waivers of any provisions hereof shall be binding upon the Company unless agreed upon in writing by an authorized representative.
Proper Law:
This agreement shall be governed by and construed in accordance with the Laws of Singapore.