(together with the Quotation, Pro-forma Invoice and Tax Invoice, collectively the “Agreement”)
1 TITLE TO GOODS
1.1 I-Simply Pte. Ltd. (hereinafter referred to as the “Company”) shall retain the title to and possession of the items listed in the invoice (the “Good(s)”), until full payment for the purchased Good(s), including service charges, has been made.
2 RIGHT TO REJECT AN ORDER
2.1 The Company reserves the right to reject any online/offline order that is due to data entry error or for any other reason without liability or compensation to the Customer. This includes all cases of promotion and clearance priced items. The Company will refund the Customer for whatever has been paid for all such cases.
3 CANCELLATION AND CHANGE OF ORDER BY CUSTOMER
3.1 After the provision of the Proforma Invoice to the Customer, should the Customer at any time thereafter seek to cancel the order for the Good(s) or any part thereof of the Goods, the Customer shall be liable to pay a cancellation fee of 60% of the invoiced amount of the Good(s) cancelled.
3.2 Upon confirmation of the order for the Good(s), the Customer shall not make any changes to the order for the Good(s). Any change will incur an additional charge which shall be notified to the Customer by the Company prior to the change.
4 DELIVERY & ASSEMBLY
4.1 The Company reserves the right not to deliver the items to the Customer until the deposit amount stated in the invoice has been paid to the Company. The remainder of the invoice amount shall be payable upon delivery. Unless otherwise stated, Delivery and/or Assembly services are free of charge for all purchases (showroom, commercial and online).
4.2 The Customer is responsible for ensuring his/her ability to receive the Good(s) in good condition. The Customer has to ensure the path area is unobstructed and of sufficient width so as to allow the Company's employees to deliver the Good(s) to the Customer's premises without injury to Good(s) and persons.
4.3 The Company's delivery service excludes the dismantling of any fixtures, shifting of furniture or fragile objects or plants, cleaning of existing debris or dirt, disposal of existing furniture, fixtures or furnishings, garbage removal, or electrical and mechanical works.
4.4 There will be ADDITIONAL fees for manual deliveries up/down staircases and dismantling of Good(s) to fit into building lifts, door ways and/or staircases. Prices will be quoted separately on a case-by-case basis.
4.5 Our delivery personnel are not allowed to remove any item(s) from Customers’ premises during delivery for any purpose, including disposal, unless otherwise stated.
4.6 The safety of the Company’s delivery personnel at or around the Customer's premises is the sole responsibility of the Customer.
4.7 Dates requested by the Customer or indicated on printed or written invoices are not binding upon the Company. The final delivery date and estimated time are subject to the Company’s further communication with the Customer to finalize.
4.8 There are no deliveries on Sundays & Public Holidays.
4.9 In the event the Customer or his/her appointed representative is not present on the scheduled date and time of delivery, an additional delivery fee will be charged for the next visit. The additional delivery fee shall be S$40.00 for delivery on Monday – Friday between 9.30am – 5pm, Saturdays 9.30am – 1pm (excluding Sundays & Public Holidays).
4.10 The Customer shall be responsible for calling in to reschedule any missed deliveries.
4.11 The delivery dates stated on invoices are merely indicative and are non-binding upon the Company. Such dates are a reasonable estimation and confirmation of the date of delivery shall be made by the Company closer to the delivery date.
4.12 Pre-assembled items may not be in its original packaging during delivery, e.g., flat packed chairs that need to be pre-assembled.
4.13 Prices for the aforementioned services may be changed from time to time at the sole discretion of the Company.
4.14 The Customer shall be responsible for inspection of the Good(s) immediately upon delivery. Should the Customer find that the Good(s) is/are badly damaged, such delivery for these Good(s) should not be accepted and the Company shall retain these Good(s) for inspection. Any complaints with regard to the quantity and/or quality of the Good(s) must be made known to the Company in writing within three (3) working days from the delivery date of those Good(s), failing which the Company shall not be obliged to address such complaints.
5 LIMITS TO CUSTOMER CLAIMS
5.1 All Customer claims are strictly limited to, and shall not exceed, the price of the purchased item(s) in question.
5.2 The Company will not be liable for any injury, loss or damage whatsoever that may occur through the misuse, alteration or faulty assembly of any of its products.
6 REFUNDS AND PAYMENT
6.1 All goods are non-refundable and non-exchangeable without proof that there has been a breach of this Agreement by the Company.
6.2 Customers are not entitled to indemnification or repairs if they damage the item, e.g., the defect was caused by the Customer through misuse, inappropriate storage or care, or unauthorized repairs.
6.3 Payment of the Goods shall be made in accordance with the payment terms and schedule stated in the Quotation and the Invoice. Should full payment not be made by the due date, the Company shall be entitled to charge 3% simple interest on a weekly basis on the outstanding amount. The Company may use third party services to assist in the collection of the outstanding amount, for which the Customer shall be liable to reimburse the Company for the fees incurred for such collection services.
6.4 Alternatively, the Company shall at its sole discretion reenter the Customer’s premises to remove the Goods delivered, should payment of the Goods not be forthcoming.
7 WARRANTY OF PRODUCTS
7.1 All IS-Series products have a Two (02) Year Limited Structural Warranty (the “Warranty”) beginning from the date of original delivery or self collection, unless otherwise stated. This Warranty does not cover loose joints and wear and tear.
7.2 All other products carries either Six Months (0.5) Year or One (01) Year Limited Structural Warranty (the “Warranty”) beginning from the date of original delivery or self collection, unless otherwise stated. This Warranty does not cover loose joints and wear and tear.
7.3 The limited warranty covers defects in material and workmanship on all main parts in the IS Series system, from the date of purchase at I-Simply Pte. Ltd.
7.4 If the model that was originally purchased cannot be repaired or replaced, an equivalent model will be offered based on a Two (02) year lifespan will be issued. This Two (02) Year Limited Structural Warranty (Warranty) does not cover export orders.
7.5 The Warranty does not cover clearance, display items and items sold in Clearance Sales, on online third-party deal sites.
7.6 Item replacements for a Warranty claim will only carry the remaining term of the original Warranty.
7.7 Item replacements for a Warranty claim may not be brand new.
7.8 Replacing items under Warranty may take up to 4 weeks, especially customized products. This is reasonable as our products take about 15 days to produce.
7.9 There will be a labor/transport charge of S$40.00 – S$80.00 per service visit per location during the Warranty period except for the first Thirty (30) days after delivery.
7.10 Warning: Standard leather care products cannot be used on Bonded/Synthetic Leather products. Such leather polishes and cleaners may cause the surface to crack or peel.
7.11 For Genuine as well as Bonded/Synthetic Leather and indoor furniture, prolonged exposure to outdoor conditions or intense sunlight will cause irreparable damage to furniture. All of the above actions will void our Limited Warranty.
7.12 For any Warranty claims, the Company has the right to inspect the furniture concerned. Failure to provide access will void all Warranty obligations.
7.13 The Company’s obligations are to the original purchaser/recipient. Any Warranty obligations are voided if title to the furniture is transferred to another party.
7.14 Furniture that has been abused and improperly maintained will have its Warranty voided. The use of inappropriate cleaning fluids, for example, will void this Warranty.
7.15 The Company’s Warranty is not applicable if the item has been constantly placed outdoors or in a humid environment or in direct sunlight or any aggressive environment. The Warranty does not cover consequential or incidental damages.
8 FULLY INFORMED
8.1 Customers accept and acknowledge that they are fully informed of the following:
8.2 For customized, made on demand and indent order furniture, there will be a minimum wait time of 03-08 weeks depending on the type and quantity of furniture. Delays might occur due to material shortages, shipping issues, izclement weather or acts of God affecting certain manufacturing processes. Customers are still fully liable for the full payment of the goods.
8.3 Customized orders require the time and extra customization fees, as well as shipping charges and warehousing costs, which cannot be recouped.
8.4 Certain furniture will not have full or any finish on certain surfaces and parts of furniture, such as the bases of tabletops, panels and support legs. These shall in no way be deemed as defective finishes. These examples are not exhaustive.
8.5 The Company uses cardboard and other materials in the packaging for most of its furniture. These materials may occasionally cause “micro scratches” to the surface of furniture. These scratches are usually touched-up by the delivery/service team on the day of delivery. These “micro scratches” do not constitute defects.
8.6 Newly installed furniture may not rest flush with the floor immediately. The furniture will gradually level out after a few (3-7) days of use. Call the office within the first fourteen (14) days of delivery if this does not happen.
8.7 Newly unwrapped chairs will have crumpled lines, indentations and depressions. These will lessen in appearance over time. These do not constitute defects.
8.8 Company employees have the right to work in a safe and non-abusive environment. Customers who are abusive or who display inappropriate behavior will not be served and any Warranty voided. This denial of service includes all on-site activities during the Warranty period. The Company's legal obligation to visit the Customer during the Warranty period will be voided.
8.9 Similar models or materials bought at different times will have color variations and may not match previously bought furniture. These variations do not constitute defects.
9 RIGHT TO ADJUST PRICES
9.1 I-Simply Pte. Ltd. reserves the rights to adjust prices for service and Warranty visits without notice or permission from any party.
9.2 Prices in showrooms and websites may differ.
10.1 The Customer shall provide the Company with specific plans and instructions as well as any written changes that may arise throughout the term of this Agreement.
10.2 Visuals shall be provided by the Company upon request of the Customer, which will take xx to xx days to complete. The Customer accepts that the final product may vary slightly from such visuals due to factors such as workmanship, variation in the supply of materials, and other factors.
10.3 The intellectual property rights in all visuals provided by the Company shall belong to the Company.
11.1 The Customer shall not have any right to assign or transfer any right or benefit granted or any obligation imposed under this Agreement, without the prior written consent of the Company.
11.2 The Company shall be at liberty to assign all its rights under this Agreement to any related company of the Company. Upon such assignment, the Customer shall further be deemed to have discharged the Company from further performance of its obligations under this Agreement and to accept the performance by the Company's assignee of all obligations of the Company under this Agreement in lieu of the Company.
11.3 This Agreement shall be binding on the respective successors in title and permitted assigns of the parties.
12 FORCE MAJEURE
In the event that any Party delays or is prevented from performing its obligations hereunder due to earthquake, typhoon, flood, tidal wave, lightning, fire, plague, other epidemics, falling objects, war, hostilities, acts of terrorism, insurrection, strikes, riots, industrial dispute or any other events the occurrence and consequences of which a Party is unable to prevent or avoid (any one of the above events is referred to as an “event of force majeure”), this shall not constitute a breach of contract; provided that such Party shall, after it is aware of its being affected by such an event, immediately notify the other Party of such an event and the reasonable remedial measures that it has adopted or will adopt. The Parties shall, in accordance with the extent to which the performance of this Agreement is affected by such an event, consult with each other and decide on whether or not to terminate or vary this Agreement. The provisions of this Clause do not apply to any obligations imposed with respect to the payment of monies under this Agreement.
13 GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of Singapore and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore and waive any objection to proceedings in any such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. The submission by the Parties herein shall not affect the right of any Party to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude any Party from taking out proceedings in any other jurisdiction.
14.1 This Agreement, including the quotation and the invoice, embodies the entire agreement between the Parties in relation to the supply of office furniture by the Company to the Customer, and supersedes any and all other contracts, representations, and arrangements, whether oral or in writing, heretofore made by either Party with reference to the subject matter hereof.
14.2 No delay or omission by either Party in exercising any right or remedy under these terms and conditions shall be considered a waiver of such right or remedy and no waiver shall be effective unless in writing. The right of either Party to require strict performance and observance of any obligations hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing.
14.3 In the event that any or any part of the provisions contained in these terms and conditions is determined to be invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
14.4 The Company is supplying office furniture to the Customer under this Agreement as a supplier and nothing in this Agreement shall create a partnership, joint venture or agency relationship between the Company and the Customer.
14.5 A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.