Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
USING THE SITE
INTELLECTUAL PROPERTY – The Service and its original content, features and functionality are and will remain the exclusive property of Comtrol Solutions Pte Ltd and its licensors.
RESTRICTION OF ACCESS AND USE – You may download one copy of the material on this Site but one only a single computer and only for your own personal and non-commercial use, provided that:
- Your shall not distribute, transmit, publish or sell any of the material without written permission from Comtrol Solutions Pte Ltd
LINKS TO OTHER WEB SITES – Our Service may contain links to third-party web sites or services that are not owned or controlled by Comtrol Solutions Pte Ltd.
Comtrol Solutions Pte Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Comtrol Solutions Pte Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION – We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER – Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
GOVERNING LAW – These Terms shall be governed and construed in accordance with the laws of Singapore without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES – We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
USING THE SERVICES PROVIDED BY COMTROL SOLUTIONS
Comtrol Solutions Standard Terms and Conditions for Sales and Service
Except as otherwise expressly agreed in writing, the following terms and conditions will apply to the relationship between the Supplier (as defined in the Service Agreement) and the Customer (as defined in the Service Agreement).
- QUOTATION – Quotes and other offers of sale automatically expire 30 calendar days from the date issued unless otherwise stated, and unless Comtrol Solutions withdraws the quote or offer earlier, which it may do any time prior to Customer’s acceptance of the quote or offer. If information or circumstances on which a quote or offer relies change, Comtrol Solutions may adjust its quote or offer. Quoted prices are not offers to sell and may be changed without notice. Comtrol Solutions may change equipment or software specifications without notice unless it agreed to the specification(s) in writing. Prices do not include any taxes, shipping, packaging, handling, insurance, duties, inspection fees, permit fees, installation, or other costs or services unless otherwise specified in the Comtrol Solutions order documents. Comtrol Solutions may choose to accept or reject any order; Comtrol Solutions will indicate order acceptance: (a) with a written order confirmation; or (b) by executing the order. Specific product characteristics, including but not limited to product weight, dimensions, value, return on investment, load, tolerance, and other technical data are not guarantees of those characteristics and are provided for information only. Customer is not permitted to disclose any quotes, prices, specifications, or product information to any third party without Comtrol Solutions’ prior written consent.
- TAXES – The amount of any GST and / or VAT incurred for the Services rendered by the Supplier to the Customer will be reflected and included in the invoice for the Duties and Taxes Charges and the invoice for the remaining of the Total Payment respectively.
- TERMS OF PAYMENT – Payment terms are stated on the Comtrol Solutions order documents. If no payment terms are stated, payment is due net 30 calendar days from the date of invoice.. Customer may not retain any payment it owes Comtrol Solutions under this contract, or otherwise set-off any amount it owes Comtrol Solutions under this contract, for disputed claims.
- SHIPPING, HANDLING, AND DELIVERY – Shipping terms are stated on the Comtrol Solutions order documents. If no shipping terms are stated, shipping is Ex Works. Delivery and service dates are estimates unless Comtrol Solutions expressly agrees in writing to a fixed date or schedule. Comtrol Solutions will use commercially reasonable efforts to meet delivery and service date estimates. All delivery and service dates are conditioned on Comtrol Solutions’ timely receipt of all necessary information and approvals. If Customer causes a delay in delivery. Comtrol Solutions will store and handle all items at Customer’s risk, and will invoice Customer for the unpaid portion of the contract price, plus applicable storage, insurance, and handling charges. Comtrol Solutions may make partial shipments. Comtrol Solutions will not accept responsibility for any shortages or damages unless Customer retains all shipping containers and packing materials for inspection.
- RETURNS – Equipment, or licenses on software, that is engineered, modified, customized, or configured especially for Customer cannot be returned unless there is a valid warranty claim and the equipment or software cannot be repaired. Customer cannot return equipment that is altered, damaged, used, or previously installed. Unless Comtrol Solutions makes a shipping error or Customer makes a valid warranty claim, unused off the shelf equipment may be returned only if Customer contacts Comtrol Solutions for approval and return instructions prior to returning anything. At its discretion, Comtrol Solutions may charge Customer a restocking fee for any return.
- ORDER CANCELLATION – Orders can only be cancelled with Comtrol Solution’s written approval. In the event Comtrol Solutions accepts Company’s request to cancel an Order, Comtrol Solutions may charge Company, and if charged, Company shall pay an amount equal to twenty percent (20%) of the current Order price of the canceled Order at the time of cancelation.
- CHANGES – Customer may make changes to its order if Comtrol Solutions consents in writing. To accommodate Customer’s request for changes Comtrol Solutions may change pricing and delivery schedules. If Comtrol Solutions performed work or purchased materials in anticipation of Customer’s order, and the change Customer requests makes that work or materials unnecessary, Customer is still responsible for paying for them.
- SECURITY INTEREST – Customer grants Comtrol Solutions a purchase money security interest in the equipment and software license it purchases, acknowledges the validity of this grant, and agrees not to challenge the legitimacy of this grant. Customer will assist Comtrol Solutions in taking all necessary actions to perfect and protect Comtrol Solutions’ security interest. Comtrol Solutions is entitled to any of the rights and remedies provided by law or in equity only if Customer defaults on its obligations to Comtrol Solutions.
- WARRANTY & INDEMNITY – Unless otherwise stated, we refer to the warranty and indemnity clause of the product manufacturer, of which Comtrol Solutions acts as a reseller. Warranty is excluded for consumables, accessories, normal wear and tear, wear parts, and perishables.
- SERVICE – Comtrol Solutions warrants that services will be performed in a workmanlike manner in conformity with standard industry practice. Should any nonconformity be detected within 30 days after the work is completed and Customer gives Comtrol Solutions prompt written notification, Comtrol Solutions will supply the necessary service, direction, or consultation to correct the nonconformity.
- LIMITATION OF LIABILITY – Comtrol Solutions is not liable for any loss, claim, expense, or damage caused by, contributed to, or arising out of the acts or omissions of Customer or third parties, whether negligent or otherwise. In no event will Comtrol Solutions’ aggregate liability for any and all types of damages or losses related to this contract or the equipment, software, or services sold, licensed, or delivered pursuant hereto exceed the cost of the item giving rise to the claim, whether based in contract, warranty, indemnity, or tort (including negligence). And any suit arising hereunder must be commenced within one year from the date on which the cause of action accrues.
- NO RESPONSIBILITY FOR GRATUITOUS INFORMATION OR ASSISTANCE – Except for fraudulent misrepresentations, Comtrol Solutions is not responsible for any information, assistance, or advice given to Customer if such information, assistance, or advice was not required by this contract.
- FORCE MAJEURE – Except for payments owed by Customer, the period for performance of this contract will be reasonably extended if a party defaults or is delayed in performing their obligations under this contract, for reasons beyond their reasonable control. Strikes, insurrection, acts of God, war, terrorist activities, emergencies, shortages or unavailability of materials, weather, change in law, and other similar causes are among the reasons, but are not the only reasons that are beyond a party’s reasonable control.
- INTERPRETATION – If any of these terms and conditions conflicts with or is invalid under applicable law, these terms and conditions will be read as if such term or provision was not included. The invalid, illegal, or unenforceable provision will be deemed automatically modified and, as so modified, included in these terms and conditions. Such modifications will be made to the minimum extent necessary to make the provision valid, legal, and enforceable. Comtrol Solutions’ waiver or excuse of any noncompliance with these terms and conditions does not constitute a waiver or excuse of any prior or subsequent noncompliance.
- GOVERNING LAW AND PLACE OF JURISDICTION – The performance of the parties to this contract, and the relationship between the parties, is subject to the applicable laws of the country where the Comtrol Solutions office identified on the Comtrol Solutions order documents is located;
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.