Order Agreement
In addition, all purchases made with CHEWIT on its internet web site sg.geocities.com/ultraslimusb2 are subjected to an additional terms of sale which shall be concluded when the customer reaches the order confirmation page upon selecting the payment mode.
This Contract of Sale between
CHEWIT, a soleproprietor (for orders in the republic of Singapore) ("Provider")
AND
Singapore Citizens and Permanent Residents (The public) or CHEWIT member, who has a registered account with CHEWIT and identified by his email address and name. (“Customer”)
Acceptance of Terms of Sale
Upon clicking on the ORDER button of the web page of the sg.geocities.com/UltraSlimUsb2, Customer accepts the terms of sale and is bound to the terms of sale stipulated. The contract of sale is thus dated and timed at the moment of clicking upon the ORDER button. The timing of the terms of sale is captured on the order confirmation sent via electronic mail.
Offer of product
Provider offers Customer the purchase of product items (Ultraslim USB HDD Enclosures with Harddisk) that is shown and available on the sg.geocities.com/UltraSlimUsb2 web page.
Customer hereby appoints Provider to provide the following product items stated under the Terms of Sale which is identified by a confirmation order number via the order confirmation page and electronic mail.
Product is offered for sale in the Republic of Singapore only.
Payment of product
Upon clicking on the ORDER button on the payment page, Customer hereby agrees to pay Provider the total amount set forth in the contract of sale and any other mutually agreed charges. This should be paid in the denominated currency that has been stated in the confirmation order.
All purchase price are stated in SGD currency.
Service Level Support
Provider will provide the product items stated in the email order confirmation and deliver the items to intended delivery address as stipulated by Customer.
Provider is not responsible for the repair of the Harddisk Enclosure / Harddisk, and/or the alteration of it, and/or the repair of unspecified accessories or peripherals attached to it, made necessary by the actions of Customer. Neither Provider nor Customer will be held responsible or liable for delay in furnishing or failure to furnish service where forces beyond the reasonable control of Provider or Customer caused such delay. Any warranty terms will terminate in the event the system or equipment is serviced or modified by any person other than authorized Provider staff.
Order Information
Customer agrees to provide true, accurate, up-to-date and complete information on himself as the purchaser of the product, and the delivery address / contact information.
Customer is forbidden to impersonate another person to process the purchase. The customer is liable for each order made on the wep page, whether it was authorised by the customer himself or not.
In an event whereby the order is not made by the Customer ownself, the Customer is to contact and notify Provider immediately.
Provider will not be liable for any damage or loss of any kind suffered by the customer as a result of any unauthorised use of web page.
Dishonouring of Order
Provider reserves the right to dishonour a customer’s order without notice if the customer had provided Provider with false, misleading or incomplete registration information or if the customer had violated any conditions in this contract. Provider will retain the sole right to determine cases of suspected violation of these rules and any decision it makes in relation to termination of customer’s account shall be final and bidding. If the Provider believes that customer conduct violates applicable law or is harmful to the interests of CHEWIT and its affiliates, the order shall be dishonoured.
Promotions
From time to time, Provider will be offering promotions on its product items. Customer is bound to the additional terms and conditions that apply when exercising the right to participate in the promotion. Promotional offers are not binding to Provider outside the period of promotion.
Limitation of Liability
Save in respect of liability for death or personal injury caused through the negligence of Provider, Provider shall not be liable to Customer or any other person for any incidental, direct, indirect, consequential, special or exemplary damages of any kind (including lost revenues or profits, loss of business, goodwill or data, or anticipated savings) in way related to this Agreement, whether in contract or tort, regardless of whether Provider was advised, had other reason to know, or in fact knew of the possibility thereof.
The liability of Provider in any event for any claim under this Agreement whether arising out of breach of contract (including breach of warranty) or tort (including negligence and strict liability) shall in no event exceed the total amount actually paid by Customer to Provider under this Agreement.
This term of sale, unless stated otherwise, is only applicable for the sale of product items within the Republic of Singapore. The Provider will not be held liable for any product exported out of the country of destination, should the Customer choose to do so.
Returns and Cancellation of Orders
Provider does not allow the refund/cancellation of orders. Goods once accepted are considered sold. Provider may only take back goods that are defective or incorrectly ordered on a case-by-case basis. If the event of such cases, Customer must inform Provider within 7 days of the discrepancy and Customer should receive a replacement in due course. Provider may use delivery services of another vendor (e.g. SingPost) and is not liable for damages or lost of the product during the transit.
An administrative charge of S$10 is chargeable for any cancellation of orders.
Indemnification
The customer agrees to defend, indemnify and hold harmless Provider, its affiliates, employees and agents from and against all claims and expense, including indemnification of legal costs on a full indemnity basis arising out of the customer’s use of CHEWIT services. This indemnification also covers customer’s breach of alleged breach of any terms in this term of sale.
Disclaimer
The contents of this web site is to provide customers sufficient information about its products and services so that customers can make an informed choice about whether or not to engage in the transaction.
Provider does not take any responsibility or have any proprietory rights of Web sites linking out of sg.geocities.com/ultraslimusb2.
However, while Provider will do our utmost to ensure the highest quality from its site and services, Provider does not warrant that the site or services provided will meet all and any of customer’s requirements. In particular, Provider does not warrant that the site or services will always be available, accessible, uninterrupted, timely, secure and error free.
This website and its contents are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, Provider makes no and expressly disclaims all representations or warranties of any kind, expressed or implied, including without limitation to the implied warranties of satisfactory quality, fitness for a general or particular purpose, non-infringement and authenticity of any material or claim, and to any implied warranty arising form the course of dealing or usage of trade.
No oral advice or written information given by Provider or its employees shall be used as a warranty nor shall the customer rely on any such information or advice.
Provider makes no warranty that the contents of the web site are free from infection by viruses or any other malicious works which has contaminating or destructive properties.
Copyright Statement
All content included on this site, such as text, logos, graphics, button icons, images, audio clips, is the property of CHEWIT or its content suppliers and protected by Singapore and international copyright laws. Any improper use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content found on CHEWIT and associate sites is strictly prohibited.
Electronic Form
This term of sale covers the presumptions under the Electronic Transactions Act 1998 (“ETA”). Provider and Customer agree that the term of sale in electronic form constitutes as a written document and therefore the customer undertakes not to dispute or challenge the validity or enforceability of this term of sale on the grounds that it is not a written document and CHEWIT and the customer hereby waive any such right CHEWIT may have at law.
Severability
The provisions of this term of sale are intended to be severable. If for any reason the provisions of this term of sale shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Reference to other jurisdictions in this clause shall not be construed so as to affect the governing law of this term of sale being the laws of Singapore.
Entire Agreement
This Contract of Sale, including any attachments, set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. It may be changed only by a writing signed by both parties. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.
Governing Law and Jurisdiction
This terms of Sale will be governed and construed in accordance with the laws of Singapore.
Amendments to the Terms of Agreement
Provider reserves the right to amend the pricing of products and the terms of sale at any time without notice.
Copyright © 2005-2006 Chewit. All Rights Reserved.