CONTENTS

1. GENERAL

• All orders for products ("Products") or services ("Services") will be accepted by CCSL Technology Pte Ltd subject to these terms and conditions of sale. Any person who places orders for Products or Services with CCSL Technology ("Customer") is bound by these terms and conditions. No other terms will apply to the supply of Products and Services by CCSL Technology unless agreed in writing by an authorized signatory of CCSL Technology. CCSL Technology reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at ‘www.ccsl.asia’. References to the "CCSL Technology Website" include CCSL Technology's website and any other catalogue of products published by CCSL Technology in any medium.
• All descriptions of the Products and Services contained on the CCSL Technology website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between CCSL Technology and the Customer. CCSL Technology shall not be liable to the Customer for any errors or omissions on its website, the CCSL Technology catalogue or other product advertisement. The advertising of products and services on the CCSL Technology website is not an offer capable of acceptance; it merely constitutes an invitation by CCSL Technology for the Customer to make an offer to purchase Products and Services. CCSL Technology's acceptance of the Customer's order will take place when CCSL Technology confirms pricing and delivery dates to the Customer in writing, at which point a contract will come into existence between CCSL Technology and the Customer.

2. PRICES AND GST

• The prices of the Products and Services are as set out on the CCSL Technology website. CCSL Technology reserves the right to change prices without prior notice at any time. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. Up-to-date information can be found on the CCSL Technology website. In the event of any conflict between prices for any products listed on the CCSL Technology website and prices listed in the physical catalogue, prices listed on the CCSL Technology website shall prevail.
• The price of an ordered Product or Service will be as set out on the CCSL Technology website at the time of order acceptance by CCSL Technology.
• Prices shown in GST are only applicable if shipping destination is in Singapore. If GST applies to any supply the Customer must pay an additional amount equal to the amount of GST. CCSL Technology will provide a GST-compliant tax invoice. "GST" means the goods and services tax under the Goods and Services Tax Act (Chapter 117A).

3. ORDERING

• CCSL Technology reserves the right to decline to trade with any company or person. CCSL Technology may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by CCSL Technology. Further, CCSL Technology may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by CCSL Technology. If CCSL Technology rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.
• CCSL Technology executes orders to the Customer's requirements, but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when CCSL Technology next has available stock or be cancelled and refunded to the Customer.
• The Customer must submit orders using the CCSL Technology stock numbers and the priced units used on the CCSL Technology website or in the CCSL Technology hard copy catalogue. Any telephone, fax or internet confirmation of a previous order by the Customer must be marked 'CONFIRMATION ONLY' or otherwise clearly identified as a confirmation to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 (Cancellation and Returns) will apply.

4. DELIVERY

• Subject to any cancellation, substitution or non-fulfilment of Customer's orders in accordance with clause 3 (Ordering), CCSL Technology will deliver the products specified in the Customer's order. CCSL Technology may use third party delivery agents to deliver products to Customers.
• All Selling Price on the CCSL.asia are inclusive of ddu/dap delivery to your doorstep except importation costs such as taxes and duties. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
• CCSL Technology will aim to deliver products in accordance with the times and dates for delivery quoted on the CCSL Technology website or by CCSL Technology' employees (the 'Quoted Delivery Times'), but Quoted Delivery Times are approximate only and CCSL Technology shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the hard copy catalogue or on the CCSL Technology website as requiring special handling may (because of the nature of the products) take longer to be delivered.
• If any delivery has not been made by the Quoted Delivery Time, then subject to the Customer notifying CCSL Technology of such delay, CCSL Technology will endeavour to ascertain if the product has been delivered and will inform the Customer of the status of the delivery or the new expected delivery time. CCSL Technology may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable CCSL Technology may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery and CCSL Technology shall not be liable for any loss or damage (including indirect, consequential or economic) suffered or incurred by the Customer or any other party in relation to late delivery.
• Special delivery conditions may apply for export orders. Call CCSL Technology Pte Ltd at +65 6686 0878 for more details.

5. INSPECTION, TRANSIT DELAYS AND NON-DELIVERY

• The Customer must inspect all products as soon as is reasonably possible after delivery or collection. The Customer shall, within 10 days of the date of delivery or collection, the Quoted Delivery Time or any updated estimated date for delivery, give written notice to CCSL Technology in detail of:
  • Any defect in a Product that is apparent on reasonable examination. In this case CCSL Technology shall, at CCSL Technology's discretion, replace the Product or refund the purchase price. See clause 9 for terms of Warranty. In any event the Customer must refuse parcels delivered to it in a damaged condition;
  • Any shortfall in Products delivered. In this case CCSL Technology shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products;
  • Any delivery of Products not in accordance with the order. In this case CCSL Technology shall, at CCSL Technology's discretion, replace the Products or refund the purchase price; or
  • Any non-delivery of the Products (in which case the time limit is within 10 days of the estimated despatch date). In this case CCSL Technology shall deliver the undelivered Products or refund the price of the undelivered Products.
• If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. CCSL Technology' record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
• The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. CCSL Technology shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

6. PAYMENT

• If CCSL Technology has not granted credit to the Customer, payment terms must be made in advance prior to delivery using the following modes:
  • PayPal
• Credit terms (subject to satisfactory references and at CCSL Technology's absolute discretion) are available. If credit has been granted, on acceptance of a Customer's order, CCSL Technology will issue that Customer with an invoice. Such invoice will be sent by email in PDF format, unless otherwise agreed between CCSL Technology and the Customer. The standard credit term by which payment must be made is 30 days from date of invoice. All payments must be made without any set-off, deduction or counterclaim.
• If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
  • all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date; and
  • the Customer will be liable to pay all expenses and legal costs incurred by CCSL Technology in relation to obtaining or seeking to obtain an appropriate remedy; and
  • CCSL Technology may charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at the banks interbank rate +1 per cent compounded monthly; and
  • treat that and all other contracts as repudiated by the Customer if the Customer fails to pay all such unpaid amount within fourteen days of notice by CCSL Technology; and
  • suspend delivery of Products or Services under that or any other contract for as long as the default continues.

7. RISK AND OWNERSHIP

• In the case of products to be delivered to the Customer's property, risk of loss of or damage to the products shall pass to the Customer on delivery, unless the Customer wrongfully fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when CCSL Technology has attempted to deliver the products.
• Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to CCSL Technology has been made (in cash or cleared funds). If the Customer is late in paying any sum to CCSL Technology, then CCSL Technology shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorizes CCSL Technology and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.
• Demand for or recovery of the products by CCSL Technology shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or CCSL Technology's right to sue for the whole of the price.

8. PRODUCT AND AVAILABILITY INFORMATION

• CCSL Technology reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any CCSL Technology catalogue. The most up to date information on the availability and design of the products CCSL Technology supplies is available on the CCSL Technology website.
• Unless otherwise confirmed in writing, nothing on the CCSL Technology website or in any CCSL Technology catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

9. WARRANTIES AND REMEDIES

• CCSL Technology warrants that no product purchased from CCSL Technology is materially defective.
• To the extent permitted by law, in the event of any such Product being materially defective, and subject to the provisions of clause 5 (Inspection, Transit Delays and Non-Delivery) surrounding defects apparent on delivery, CCSL Technology will (at its option) replace or repair the product or refund the purchase price.
• These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of CCSL Technology.
• To the extent permitted by law, the remedies set out in this clause 9 shall be the Customer's sole remedies for any breach of warranty and in respect of the supply or non-supply of products and/or services.
• The availability of the remedies set out in this clause 9 is subject to:
  • a claim being made in writing to CCSL Technology, prior to the return of any defective product, and within 12 months of the original date of dispatch, or such other periods as may be indicated by CCSL Technology for specific products or services from time to time in writing; and
  • the Customer returning or disposing of the relevant products, or making them available for collection by CCSL Technology, in accordance with CCSL Technology's instructions and suitably packaged. In particular, for any returns, the Customer must obtain a returns number from CCSL Technology and quote this on all paperwork, and state the original invoice number in respect of the products and the nature of any claimed defect.
• Where the Customer returns defective products otherwise than in accordance with these provisions, CCSL Technology may refuse such products and return them to the Customer at the cost of the Customer.
• Any products which are replaced by CCSL Technology shall become the property of CCSL Technology. Title to replacement products shall pass to the Customer in accordance with the provisions of clause 7 (Risk and Ownership), and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
• The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made fraudulently) other than any remedy it may have set out expressly in these terms and conditions of sale.
• Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).
• Except as required by law, CCSL Technology will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on CCSL Technology by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
• In giving the warranties set out above, CCSL Technology does not exclude or limit any application of relevant law where to do so would contravene that law or cause any term of these conditions to be void ("Non Excludable Condition"). These warranties are in addition to any Non- Excludable Conditions.

10. LIABILITY

• CCSL Technology shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the CCSL Technology technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
• CCSL Technology shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
  • any express or implied terms of the contract between CCSL Technology and the Customer, or of any order accepted by CCSL Technology;
  • any duty of any kind imposed on CCSL Technology by law arising out of or in relation to the contract between CCSL Technology and the Customer or order;
  • any defect in the products or services;
  • intellectual property rights infringement; or
  • any other loss whatsoever arising out of these terms and conditions of sale.
• If, not withstanding any other provisions in these terms and conditions of sale including without limitation clauses 9 (Warranties and Remedies), 10 (Export Control and Limitations of Use) and 11 (Liability), any liability attaches to CCSL Technology, CCSL Technology's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of:
  • any express or implied terms of the contract between CCSL Technology and the Customer, or of any order accepted by CCSL Technology;
  • any duty of any kind imposed on CCSL Technology by law arising out of or in relation to the contract between CCSL Technology and the Customer or the order;
  • any defect in the products or services;
  • intellectual property rights infringement; or
  • any other loss whatsoever arising out of these terms and conditions of sale;

shall be limited in the aggregate to S$275,000 or the total value of the order, whichever is greater.

• Nothing in these terms and conditions of sale (including without limitation this clause 10) shall exclude or limit the liability of CCSL Technology for death or personal injury caused by the negligence of CCSL Technology or its employees, agents or sub-contractors, or for fraud or anything else which cannot by law be limited or excluded.

11. CANCELLATIONS AND RETURNS

• CCSL Technology may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to CCSL Technology recovering from the Customer the costs incurred by CCSL Technology, and subject to the processing charge provided for in this clause 11.
• In the event of cancellation of part of any order only, CCSL Technology may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
• A processing charge may apply in respect of all products returned other than due to defects covered by the warranty at clause 9 (Warranties and Remedies). CCSL Technology reserves the right to apply a handling charge of 20% of invoice value or S$10 whichever is higher.
• Customers may only return products to CCSL Technology, and receive a credit or refund and on the following conditions:
  • The Customer must contact CCSL Technology on 6865 3400 in advance to obtain prior consent and a returns number (to be quoted on all relevant paperwork);
  • Return must be made within 30 days of the date of delivery (as stated on the delivery documentation) or collection of such product(s).
  • Products must be returned to CCSL Technology in their original condition and packaging, unused and in a condition which will enable them to be immediately fit for re-sale;
  • The Customer must follow any specific instructions which appear on the CCSL Technology website (including those available in the Product Returns section) or with any product regarding its return to CCSL Technology; and
  • Products must be adequately packed and clearly labelled for collection by an authorized agent of CCSL Technology Components Pte Ltd.
  • The Customer must quote the invoice details or the CCSL Technology reference number on the CCSL Technology Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price.
• Where the Customer returns products to CCSL Technology not in accordance with the conditions stated above (for example, after the period for returns has expired or in an unfit state) CCSL Technology may refuse to accept the return and return the products to the Customer at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on the CCSL Technology website).
• This Returns Policy excludes software, DVDs, videotapes, books, calibrated products, production packaging products, non-catalogue products, extended range products, specially manufactured products and any products marked as non-cancellable (NC) or non-returnable (NR).
• CCSL Technology accepts no responsibility for any loss of or damage to products in transit from Customer to CCSL Technology or for any items received by CCSL Technology with them.
• The Customer may only cancel or amend scheduled orders (i.e. orders for Products to be delivered periodically and which are specifically sourced for the Customer) if notice is received in writing at least 14 days prior to the next delivery date.

12. LAW AND JURISDICTION

• The contract between CCSL Technology and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Singapore Law and the Customer submits to the non-exclusive jurisdiction of the courts of Singapore, but CCSL Technology may enforce the contract in any court of competent jurisdiction.
• If any part of these terms and conditions of sale is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties' express intention that the relevant wording should be interpreted or construed so as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.
• No express term of these terms and conditions nor any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act (Cap.53B of the Singapore Statutes) by any person who is not a party to it.

Registered office: CCSL Technology Pte Ltd, 21 Toh Guan Road East, #09-07 Toh Guan Centre, Singapore 608609