TERMS & CONDITIONS OF SALE
1.1 DEFINITIONS: In these Terms and Conditions of Sale, "Seller" means Interactiv DNA Pte Ltd; "Buyer" means the person, firm, company or corporation by whom the order is given.
2. THE AGREEMENT:
2.1 All orders must be in writing and are accepted subject to these Terms and Conditions of Sale. No terms or conditions put forward by Buyer and no representations, warranties, guarantees or other statements not contained in Seller's quotation on their website or Acknowledgement of Order nor otherwise expressly agreed in writing by Seller shall be binding on Seller.
2.2 The Agreement shall become effective only upon the date of acceptance of Buyer's order on Seller's Acknowledgement of Order or upon the date of fulfilment of all conditions precedent stipulated in the Agreement, whichever is the later (the "Effective Date "). If the details of the Goods described in Seller's quotation differ from those set out in the Acknowledgement of Order the latter shall apply.
2.3 No alteration or variation to the Agreement shall apply unless agreed in writing by both parties. However, Seller reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Agreement Price nor the delivery date is affected.
3. VALIDITY OF QUOTATION AND PRICES:
3.1 Unless previously withdrawn, Seller's quotation on their website or is open for acceptance within the period stated therein or, when no period is so stated, within three days after its date
3.2 Prices are firm for delivery within the period stated in Seller's quotation and are exclusive of (a) Value Added Tax and (b) any similar and other taxes, duties, levies or other like charges arising outside Singapore in connection with the performance of the Agreement.
4.1 Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind as stipulated in the Seller’s website(save where and to the extent that this cannot by law be excluded); and (b) in the currency of Seller's order confirmation. Product and/or Service will be delivered and/or performed after payment has been made only.
5. DELIVERY PERIOD:
5.1 Unless otherwise stated in Seller's order confirmation, all periods stated for delivery or completion run from the Effective Date.
5.2 If Seller is delayed in or prevented from performing any of its obligations under the Agreement due to the acts or omissions of Buyer or its agents (including but not limited to failure to provide specifications and/or such other information as Seller reasonably requires to proceed expeditiously with its obligations under the Agreement), the delivery/completion period and the Agreement Price shall both be adjusted accordingly.
6. FORCE MAJEURE:
6.1 Force Majeure of any kind, unforeseeable production, internet downtime, power disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform which diminish, delay or prevent the delivery and/or performance of Product and/or Service, acceptance or use of the goods, or make it an unreasonable proposition, shall relieve the party from its obligation. A full refund will be given back to the Buyer.
7. DEFAULT, INSOLVENCY AND CANCELLATION:
Seller shall be entitled, without prejudice to any other rights it may have, to cancel the Agreement forthwith, wholly or partly, by notice in writing to Buyer.
8.1 If any clause, sub-clause or other provision of the Agreement is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Agreement..
8.2 Buyer shall not be entitled to assign its rights or obligations hereunder without the prior written consent of Seller.
8.3 Seller enters into the Agreement as principal. Buyer agrees to look only to Seller for due performance of the Agreement.
8.4 The Agreement shall in all respects be construed in accordance with the laws of the Republic of Singapore.