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1)
DEFINITIONS
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VECTRA SOLUTIONS means VECTRA
SOLUTIONS PTE. LTD.
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Contract means the contract for
the sale of Products by VECTRA SOLUTIONS incorporating these Terms and
Conditions.
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Customer means the person who
accepts a written quotation for the sale of the Products or whose order to
purchase the Products is accepted by VECTRA SOLUTIONS.
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Product(s) means the product(s)
sold pursuant to the Contract as specified on Customer invoice.
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Price means the price for the
Products.
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Third Party Products means
Products not manufactured or assembled or authored by VECTRA SOLUTIONS but
are supplied to VECTRA SOLUTIONS by third parties for resale by VECTRA
SOLUTIONS.
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Territory means the country in
which the Products are to be used.
2) TERMS AND
CONDITIONS
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VECTRA SOLUTIONS shall sell and
Customer shall purchase the Products subject to these Terms and Conditions
which are stated in the quotations and Invoices.
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The Products sold are subject to
these Terms and Conditions which are incorporated into the Contract to the
exclusion of any other stipulated by Customer unless otherwise agreed to in
writing by VECTRA SOLUTIONS. Customer acknowledges that he has read and
understood the contents and agrees to be bound by these Terms and
Conditions.
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A Contract shall come into force
and constitute a legal binding contract when Customer's order is confirmed
and accepted by VECTRA SOLUTIONS or when VECTRA SOLUTIONS's quotation is
signed and-or accepted by Customer.
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The Contract constitutes the
entire agreement between Customer and VECTRA SOLUTIONS, and no modification,
variation or amendments of the Terms and Conditions shall be binding on
VECTRA SOLUTIONS unless confirmed by it in writing.
3) ORDERS, PRICE AND PAYMENT
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Payment for the Products shall be
made in full before delivery of the Products to or at the place designated
by Customer as evidence in Customer's invoice.
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Under no circumstances or for any
reason whatsoever shall Customer be entitled to make any deductions set-off
or withhold payments for the Products.
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All prices quoted in writing are
valid for the period specified on the quotation-Invoice or until earlier
acceptance by Customer.
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Unless otherwise stated, VECTRA
SOLUTIONS's prices do not include import or export fees, duties, tariffs or
other charges. Any such charge will be shown in the Invoices where
applicable. All costs incurred for shipping and handling will be borne by
Customer.
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Customer is deemed to have given
VECTRA SOLUTIONS consent to pay any charges mentioned in Clause 3.4 on its
behalf and undertakes to pay VECTRA SOLUTIONS any such charges paid. It
shall not be open for Customer to say that Customer is exempted from the
payment of any such charge.
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VECTRA SOLUTIONS's prices do not
include country, provincial, government, state and local sales, use, goods
and services, value added, excise, privilege and similar levies-taxes. Such
taxes shall be borne by Customer and will appear as separate items on
Customer's invoices, where appropriate. If sales to Customer are exempt from
such taxes, Customer shall furnish to VECTRA SOLUTIONS the legally required
documentation, satisfactory to VECTRA SOLUTIONS, to support the exemption at
the time of order.
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Under the Contract, time for
payment is of the essence. VECTRA SOLUTIONS reserves the right to charge
interest on all overdue sums on daily basis, (as well after as before any
judgment) from due date of payment up to date of actual payment, both days
inclusive at the rate of 15% per annum.
4) TITLE
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Title to Products is retained by
VECTRA SOLUTIONS until the price is paid in full to VECTRA SOLUTIONS.
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Title in respect of all software
products will remain with the licensor(s) of the respective software
products at all times.
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All software provided under these
Terms and Conditions are furnished subject to the terms and conditions of
the license agreement relating to that software. Software license agreements
may be packaged with the software, may be separately provided to Customer
for signature or may require on-screen acceptance. Customer acknowledges its
obligations to abide by such license agreements. Customer acknowledges that
VECTRA SOLUTIONS does not warrant any software under these Terms and
Conditions. All software is warranted in accordance with the license
agreement that governs its use.
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Risk in Products shall pass to
Customer upon delivery of Products to Customer.
5) THE
PRODUCTS
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VECTRA SOLUTIONS reserves the
right to revise and-or discontinue Products at any time without notice.
Revised or updated Products may differ but will have the functionality and
performance of the Products ordered. Customer acknowledges and accepts that
the specification of Products delivered to Customer may differ from the
specification of Products ordered.
6) SHIPPING
AND DELIVERY
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VECTRA SOLUTIONS shall deliver
the Products to the place of delivery designated by Customer and agreed to
by VECTRA SOLUTIONS as evidenced in Customer's invoice.
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VECTRA SOLUTIONS may, deliver the
Products by installments in any sequence. In such case, each installment
shall be treated as a separate contract and no default or failure by VECTRA
SOLUTIONS in respect of any one or more installments shall vitiate the
Contract in respect of Products previously delivered or undelivered
Products.
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Any delivery dates quoted by
VECTRA SOLUTIONS are approximate only and shall not form part of the
Contract. VECTRA SOLUTIONS shall endeavor to meet the delivery date but will
not be liable for any delay in delivery of the Products, howsoever caused.
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If Customer fails to take
delivery of the Products or any part of them tendered in installments, or
fails to provide any instructions, documents, licenses, consents or
authorizations required to enable VECTRA SOLUTIONS to make delivery on the
due date, delivery shall be deemed to have taken place and VECTRA SOLUTIONS
shall be entitled upon giving written notice to Customer, to store or
arrange for storage of the Products, whereupon risk in the Products shall
pass to Customer, and Customer shall pay to VECTRA SOLUTIONS all costs and
expenses (including storage and insurance charges) arising from its
failure-refusal.
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Rescheduling of delivery, change
or cancellation of orders are all subjected to Administrative charges as
shall be determined by VECTRA SOLUTIONS.
7)
ACCEPTANCE OF PRODUCTS
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The Products shall be deemed to
have been accepted by Customer as being in good condition and in accordance
with the Contract, unless Customer notifies VECTRA SOLUTIONS to the contrary
on the day of delivery and such notification is confirmed in writing within
two days. Customer shall not be entitled to withhold payment of all or any
of the Price of the Products whilst any claim is being investigated by
VECTRA SOLUTIONS.
8) RETURN
POLICY
SUBJECT to Clause 7 and the
provisions contained in this clause:
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All products returned MUST: be
100% complete, contain ALL original boxes and packing materials, contains
all manuals, blank warranty cards and other accessories and documentation
provided by the manufacturer.
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Customer is responsible for
shipping charges on returned items, VECTRA SOLUTIONS will match Customer
shipping method on Customer replacement or exchange item(s).
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If product arrives damaged, make
sure it is noted on the carrier's delivery record in order for VECTRA
SOLUTIONS to file a damage claim. Save the product AND the original box and
packing it arrived in, notify VECTRA SOLUTIONS immediately. If Customer do
not notify VECTRA SOLUTIONS of damaged goods within the first 48 hrs of
arrival, VECTRA SOLUTIONS's regular return policy will override any claim of
damage, and will fall under all current manufacturer restrictions.
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DEFECTIVE returns can be returned
directly to VECTRA SOLUTIONS within 10 days from the date of receipt of
package, at VECTRA SOLUTIONS's discretion for: credit, replacement, exchange
or repair.
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VECTRA SOLUTIONS reserves the
rights to refuse any returns that:
(a) Has been specified as not be refundable once item package has been
opened;
(b) Is not returned in its original packaging;
(c) Has missing parts; or
(d) Returns received beyond 10 days from the date of receipt of package.
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For products of intellectual
property (e.g. software, programs, GPS maps etc.), no sales returns or
refunds will be accepted once the authorization/registration code is issued.
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All returns may be subjected to a
15% restocking fee or $15 whichever is greater.
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Once order is confirmed or
payment is completed, there will be a 5% cancellation fee for any order
cancellation.
9) WARRANTY
& REPAIRS
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Except for the warranties
delivered with Products (if any) and the provisions contained in this Clause
8, VECTRA SOLUTIONS disclaims all warranties, either express or implied,
including but not limited to any implied warranty of merchantability or
fitness for a particular purpose.
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During the carry-in warranty
period, where applicable, VETRA SOLUTIONS shall repair or replace Products
shipped to VECTRA SOLUTIONS's facility. Such Products shall be shipped with
freight prepaid to VECTRA SOLUTIONS in their original or equivalent
packaging with the Return Material Authorization Number (RMA) clearly marked
thereon.
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The risk of loss or damage during
such shipment shall be borne by Customer.
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VECTRA SOLUTIONS is under no
obligation to accept any returned Product for warranty service without a RMA
issued by VECTRA SOLUTIONS. RMA shall be issued by VECTRA SOLUTIONS to
Customer upon Customer's request for warranty service.
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Customer acknowledges and accepts
that VECTRA SOLUTIONS shall not be responsible for any loss of data or
software and that VECTRA SOLUTIONS is under no obligation to advise or
remind Customer on appropriate back-up procedures.
10) SUPPORT
SERVICES
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During the warranty period VECTRA
SOLUTIONS shall provide at no charge to Customer support services for
Products by telephone, facsimile or e-mail. Beyond the warranty period such
services shall be charged at the then prevailing rates in VECTRA SOLUTIONS's
price list.
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Where on-site service is
available in a territory it shall be provided by VECTRA SOLUTIONS upon the
terms and conditions then in force for such on-site service.
11)
LIMITATION OF LIABILITY
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Under no circumstances shall
VECTRA SOLUTIONS be liable for any direct, indirect, special, incidental or
consequential damages whatsoever, including without limitation, damages for
loss of data or profits, business interruption, loss of business
information, and the like, arising out of the use or the inability to use
Products, even if VECTRA SOLUTIONS has been advised of the possibility of
such damages.
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Customer shall indemnify VECTRA
SOLUTIONS and keep VECTRA SOLUTIONS fully and effectively indemnified
against any loss of or damage to any property or injury to or death of any
persons caused by any negligent act or omission or willful misconduct of
Customer, its employees, agents or sub-contractors or by any breach of its
contractual obligations arising out of these Terms and Conditions.
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VECTRA SOLUTIONS and Customer
agree that VECTRA SOLUTIONS will not be liable for Products not being
available for use, or for data or software which is lost, corrupted, deleted
or altered.
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VECTRA SOLUTIONS assumes no
liability or responsibility for any typographical, clerical or other error
or omission in the content of its website, sales literature, quotation,
price list, acceptance of offer, invoice or other documents or information
issued by VECTRA SOLUTIONS and shall be subject to correction without any
liability on the part of VECTRA SOLUTIONS.
12) FORCE
MAJEURE
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Neither party shall be liable for
any delay in performing any of its obligations under these Terms and
Conditions if such delay is caused by circumstances beyond the reasonable
control of the party so delaying, and such party shall be entitled to a
reasonable extension of time for the performance of such obligations.
13) EXPORT
RESTRICTIONS
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Customer acknowledges that the
Products licensed or sold under the Contract may be subject to the export
control laws of certain countries and agrees to abide by those laws and
regulations. Customer further acknowledges that the Products may also be
subject to the export laws and regulations of the country in which the
Products are received, and that Customer will abide by such laws and
regulations. Customer understands that applicable requirements or
restrictions may vary depending on the Products delivered and may change
over time and that to determine the precise controls applicable to the
products acquired, it may be necessary to refer to relevant laws and
regulations.
14) GENERAL
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In Territories where this is
relevant, nothing in these Terms and Conditions shall affect the statutory
rights of a Customer dealing with VECTRA SOLUTIONS as a consumer.
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VECTRA SOLUTIONS can at any time
assign Contracts to any affiliate or related corporation. Customer shall not
assign or otherwise transfer any Contracts or any of its rights and
obligations hereunder without the prior written consent of VECTRA SOLUTIONS
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If any provision of these Terms
and Conditions or part thereof is rendered or declared invalid or
unenforceable by any legislation or judicial authority, the validity of the
other provisions of these Terms and Conditions and the remainder of the
provisions in question shall not be affected thereby.
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The headings to the clauses of
these Terms and Conditions are for ease of reference only and shall not
affect the interpretation or construction of these Terms and Conditions.
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These Terms and Conditions and
the Contract shall be governed by and construed in accordance with the laws
of Singapore and the parties agree to submit to the non-exclusive
jurisdiction of the Singapore courts.
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These Terms and Conditions shall
be interpreted and construed in accordance with the English language.
15) FEEDBACK
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We welcome your feedback. Should
you feel dissatisfied with any of our goods or services, please contact us
at
Tel : +65 6835 9290
Fax: +65 6835 9260
support@vectrasolution.com
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Or online at the
Contact Us page
from the Home page
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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:
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