General Terms and Conditions of Sale of Goods, services and training
- Formation of Contract
Each Order will constitute an offer by the Purchaser to purchase the product(s) or service(s) specified and subject to these Terms and Conditions. A contract shall be made between Bounga Informatics Singapore Pte Ltd (“Bounga”) and the Purchaser only when the quotation issued by Bounga is accepted and communicated by the Purchaser to Bounga. Any ad hoc enquiry or verbal pricing indication given by Bounga will not form an offer nor contract.
- Prices Quoted
Each quote issued will be valid for the time stated thereon. Any enquiry made after expiration of this time will require a new quote and Bounga reserves the right to vary the value of the latter. Bounga reserves the right and the Purchaser accepts that Bounga may, on occasion without notice, vary the price quoted in line with variations made by manufacturers, currency fluctuations, changes in shipping and delivery costs or changes in prevailing taxation rates.
- Shipping and Packing
Unless otherwise requested in writing by the Purchaser at the time of placement of order, the shipping methods used by Bounga will be quoted in accordance with recognized International shippers and shall reflect their prevailing rates. Packaging will be sufficient and to a standard commensurate with the items shipped. Any requests for specialized or additional packaging must be made in writing at the time of ordering by the Purchaser, and the full cost of that must be borne by the Purchaser. Any request made by the Purchaser to inspect internationally delivered items must be made in writing in advance and be mutually agreed. Such inspection must take place at Bounga’s premises between 9am and 5pm, from Monday to Friday (excluding Public Holidays).
Risk of any loss or damage to the products will pass to the Purchaser on and from the date of delivery by Bounga to the Purchaser. The Purchaser agrees to appoint Bounga as its agent for the purpose of delivery only. Bounga reserves the right to deliver orders as partial deliveries, and undertakes to deliver each part promptly as and when the items come into its possession from the manufacturer(s). Bounga will accept no liability for deliveries delayed by the manufacturer, the shipping company or any other external condition over which Bounga cannot be reasonably expected to have any control.
- Reservation of Title
Notwithstanding delivery or anything contained in these terms or conditions, the title to the products shall not pass to the Purchaser until receipt of the full and final amount has been paid to Bounga, or a valid, signed Purchase Order has been received and accepted by Bounga. No sale or arrangement to sell to a third-party may be undertaken by the Purchaser until these conditions have been met in full.
The Purchaser agrees to pay the full amount invoiced by Bounga without deduction or set off within the period set out in writing on the invoice issue by Bounga.
- Force Majeure
Bounga shall not be liable for any delay in delivery or performance of any service directly or indirectly caused by force majeure, which non-exclusively includes acts of God, fire, theft, war, terrorism, embargo, strikes, shortage of labour, delays in delivery or supply by manufacturers, prohibition of export/import, confiscation, governmental actions or any other action outside the control of Bounga. Bounga undertakes, after such event, to deliver as soon as practicable after the resolution of the event, or to arrange cancellation in accordance with the terms agreed in the quote.
If Bounga receives a cancellation less than 21 days before the agreed delivery date or the date of commencement of any training class, Bounga reserves the right to retain or require the Purchaser to pay 100% of the cost of goods and shipping. For trainings cancelled within 21 days before the start date, Bounga reserves the right to retain or require the Purchaser to pay 50% of the training fees paid per student. This payment shall not be offset against any future training.
For Products, any cancellation outside the 21 day period shall be negotiable depending on whether Bounga has been charged by the manufacturer(s), or if Bounga has already made any payment or been caused any expense. For training classes, cancellation outside the 21 day period will be subject to the assessment of the reasons of such cancellation by Bounga, and Bounga reserves the right to retain or require the Purchaser to pay up to 50% of the training fees.
For the avoidance of doubts, the Purchaser agrees that any amounts payable under this paragraph 8 to Bounga shall constitute liquidated damages and not penalties. However, that if said damages shall be limited by law to a lesser amount, Bounga shall be entitled to recover the maximum amount permitted by law.
- Non- attendance or absence from the classes
Any student, who fails to appear at the commencement of class without a legitimate reason, as accepted by Bounga, will be liable for the full class fee. Any student who is absent from a class for an accumulated time of 4 hours or more, will not be awarded an attendance certificate, nor will his details be included in the trained students’ database maintained by manufacturers. Any medical absence must be justified by a Medical Certificate and any appearance at Court must be witnessed in writing. Such absence will result in retention of the attendance certificate and Bounga shall offer the student to make-up the missed hours in a future Bounga class, without further cost to the student. Bounga shall not be liable to pay any additional costs associated with the student’s subsequent attendance.
You acknowledge and agree that Bounga’s website, Services and all associated Intellectual Property Rights are owned by Bounga (or its licensor, where applicable) and are protected by Singapore copyright laws and other laws. Except as expressly stated in these terms and conditions, Bounga grants you no other right or license, express or implied, to the website and the Services, including without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or otherwise exploit the website and the Services.
When your use of the website and the services is in contravention with the permitted purpose, for instance, when you directly or indirectly copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work from the Services, merge the Services or any part thereof with any other application, or change the Services in whole or in part, or when you violate any clause of these terms and conditions, the limited licence granted under them will terminate immediately, without prejudice to any of our accrued rights under law or otherwise.
Bounga and its licensors retain all right, title, and interest in and to all Intellectual Property Rights related to the website and the Services. Bounga’s logos and names are trademarks of Bounga Informatics Pte Ltd (the “Bounga Marks”). For the avoidance of doubt, nothing in these terms and conditions grants you a right to use any of the Bounga Marks, regardless of whether they are registered, without Bounga’s prior written consent. All other product names, company names, marks, logos, and symbols on the website or the Services may be the trademarks of their respective owners and are their property.
- Return of Products - Warranty
All Products supplied are covered by the entire and unaltered manufacturer’s warranty. Bounga shall not offer any additional warranty on any product. All terms of the manufacturer’s warranty must be complied with by the Purchaser, any failure may render the warranty null and void. Any Services provided by Bounga shall be warranted as set out in the terms of engagement, any investigative service will carry no guarantee of success.
- Limitation of Liability
Bounga, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, shall never be liable for more than 10% of the amount of fees paid by the Purchaser based on this Order, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured by using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law may it be superior to the cap set above.
- Export Control
Some Products sold by Bounga are subject to Export Control regulations of Foreign Governments. The ultimate decision as to acceptability is outside the control of Bounga and will remain under the foreign entity’s authority. Bounga shall not engage in any appeal process on behalf of the Purchaser in the event of rejection.
- Governing Law
Any dispute arising against Bounga arising from these Terms and Conditions shall be governed by the laws of the Republic of Singapore, and any legal action or proceeding shall be submitted to the non-exclusive jurisdiction of the Courts of the Republic of Singapore. In the case of any other disputes, they may be governed by the laws of and in the Country of origin of the product(s), as set out by the manufacturer(s).
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Acceptance of quotes issued by Bounga indicates acceptance of these Terms and Conditions.