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Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.

 1. Introduction

1.1. These Terms and Conditions of Sale (“Terms”) constitute a legal agreement between you (“you” or “your”), and BRISTAR INDUSTRIES PTE LTD (UEN: 198701423R) (“Bristar”, “we”, “our” or “us”).

1.2. These Terms shall be incorporated in all validly constituted contracts for the supply of Products between you and Bristar, whether online, at our physical premises, by e-mail or telephone (“Contract”). For the purposes of these Terms, “Products” means all products or services listed for sale by Bristar.

2. Orders

2.1. Any quotations, price lists, website offers or verbal offers by us in relation to any Products are invitations to treat and do not constitute binding offers for sale. Such quotations or prices are at our sole and absolute discretion, and are subject to change at any time without prior notice to you.

2.2. Any order for the supply of Products placed by you, whether online, at our physical premises, by e-mail or telephone (“Order”) constitutes an offer by you to purchase such Products from us and is subject to our acceptance.

2.3. We reserve the right to decline your Order in whole or in part, at any time and without liability or compensation, for any reason.

2.4. An Order is accepted by us and the Contract is formed upon the issuance to you of our written or electronic acknowledgment, whether in the form of a Electronic Data Interchange acknowledgment or otherwise.

2.5. You may not change, cancel or reschedule Orders without our prior written consent.

2.6. All requests for changes, cancellations or rescheduling of Orders must be made via e-mail to [email protected] or telephone at 6278 1088.

2.7. All cancellations of Orders are subject to an administrative charge of 10% of the invoice amount.

2.8. We may seek your consent to substitute a product for another similar product or to cancel your Order in whole or in part, if the initial product ordered by you is unavailable.

2.9. We reserve the right to cancel or terminate the Contract without notice for any reason and at any time, including after the acceptance of an Order and payment by you. We shall not be liable to you or to any third party for the consequences of such cancellation or termination.

2.10. In the event that you have made payment for any Products in respect of which an Order has been cancelled or terminated, we shall refund to you the price paid for the Products only. For the avoidance of doubt, the refund shall exclude any fees or surcharges imposed by third-parties, such as credit card providers or the Stripe payment system.

2.11. All product images are for illustration purpose ONLY. Exact specifications should be obtained from the Panasonic Datasheet.

3. Website Terms

3.1. While we endeavour to ensure that all prices and product information published on our website (www.bristar.com.sg) (“Website”) are accurate at the time of publishing, we reserve the right to amend any prices or product information at any time without prior notice to you.

3.2. You agree that the prices, quantity and product specifications of the Products ordered by you will be based on our prevailing information at the time we receive your order, which may or may not be correctly reflected on the Website.

3.3. In order to access certain parts of the Website, you will be required to register an account with us (“Account”). In respect of the Account, you represent and warrant that:

3.3.1. You shall only register one Account per e-mail address;

3.3.2. You shall only use the Website for its intended purposes;

3.3.3. You shall comply at all times with all applicable laws and regulations while using the Website;

3.3.4. You shall ensure that all information and documents provided to us via the Website are accurate, current and complete;

3.3.5. You shall keep all information relating to the Account strictly confidential;

3.3.6. You shall not share or transfer your Account to others; and

3.3.7. You shall not engage in fraudulent, deceptive, or misleading conduct while using the Website.

3.4. We may at any time and in our sole discretion restrict, modify, suspend or terminate your Account for any reason, and shall not be required to compensate you for any restriction, modification, suspension or termination of the Account.

3.5. You agree that you will not:

3.5.1. use, develop or otherwise support software, scripts, bots or any other means or processes (including but not limited to browser add-ons, plugins or other technology) to harvest or scrape the Website or otherwise copy data from the Website; or

3.5.2. use crawling or other data-mining technology to search or link to the Website or download, cache, print, copy or store any content from the Website.

4. Payments

4.1. All prices listed on our Website are in United States Dollars and payment for all Orders made shall be in United States Dollars.

4.2. We reserve the right to amend our quoted prices for any reason, including but not limited to manufacturers’ price increase, changes in exchange rate or quotation errors.

4.3. Unless otherwise stated on our proposals, quotations, or invoices, prices stated are for Products only and do not include taxes, freight, duties, tariffs or any other charges or fees (collectively, “Additional Fees”). For the avoidance of doubt, Additional Fees include any fees or surcharges imposed by the issuer of the payment method that you choose to use (e.g. fees imposed by Stripe). You shall be responsible for any and all Additional Fees unless otherwise agreed.

4.4. We accept payment for Orders by Stripe. Please note that the prices stated on our invoices are exclusive of any surcharges that may be imposed by Stripe or the issuer of the payment method that you choose to use, which we have no control over. You shall be responsible for all surcharges imposed by Stripe or your payment provider.

4.5. We reserve the right to cancel your Order or withhold delivery of Products if payment is not made in accordance with payment terms.

4.6. A “Chargeback” occurs when Stripe or your payment service provider (i.e. the supplier of your payment method, such as a bank or credit card issuer) reverses a payment that you made. If we receive a Chargeback or other dispute in respect of a transaction with us, we may cancel all pending orders and suspend your account with us to protect you from unauthorised transactions. If there is no lawful reason for the Chargeback or dispute, your account may remain suspended until any debt owed by you to us is repaid.

4.7. We strictly do not tolerate payment fraud or illegitimate Chargebacks. We reserve the right to cancel any transaction or suspend any account if we detect suspicious or fraudulent activity, including illegitimate Chargebacks.

5. Delivery

5.1. Orders may be dispatched in multiple packages depending on availability of Products.

5.2. Unless otherwise stated in writing, all our deliveries are carriage paid to your delivery location.

5.3. While we endeavour to deliver the Products to you in a timely manner, our delivery dates are estimates only. To the extent permitted by law, we shall not be responsible or liable for any costs, losses, liabilities, charges, expenses or damages arising out of or in connection with:

5.3.1. any failure to deliver products by the estimated delivery date;

5.3.2. delays in delivery;

5.3.3. partial or incomplete delivery; or

5.3.4. early delivery.

5.4. You agree to accept delivery of Products notwithstanding any delays, partial or incomplete deliveries, or early deliveries. You may not cancel any Orders, in whole or in part, for reason of delayed delivery of any part or entirety of an Order.

5.5. We may not be able to deliver to some locations, in which event, we shall inform you in writing and arrange for cancellation and refund of your Order, or delivery to an alternative address.

5.6. We shall not be held liable for any missing parcels signed for and delivered to non-residential addresses, or in the event that wrong or inaccurate delivery addresses were provided.

5.7. All risks in the Products pass to you upon delivery. Bristar shall not be liable for loss, damage, or destruction of the Products after delivery.

5.8. If delivery is delayed due to your failure to comply with this Clause 5, you may be responsible for charges arising out of or in connection with such failure, including but not limited to charges for storage fees, administrative expenses, and attempted deliveries.

6. Warranty

6.1. You acknowledge that we are not the manufacturer of the Products. Except as provided in Clauses 6.2 and 6.3 below, we do not make any warranties, express or implied, in relation to Products.

6.2. If required by law, Bristar warrants that at the time of delivery, Products shall conform to manufacturers’ specifications in the published data sheet for the Products. For the avoidance of doubt, we shall not be liable for any loss, damage, destruction or defects in Products after delivery.

6.3. To the extent we are permitted to do so, we shall pass through to you any transferable Product warranties, indemnities or remedies provided to us by the manufacturer of the Products, including warranties for intellectual property infringement, if any.

6.4. Subject to any warranty documentation supplied with the Products, all warranty claims shall be time-barred six (6) months from the time of delivery of the Products.

6.5. No warranties are made with respect to Products sold on an “as is where is” basis, unless the manufacturer or supplier of said Products has issued a warranty in respect of such Products, in which case you agree to look solely to the manufacturer or supplier for any such warranty claims.

7. Returns and Refunds

7.1. We only accept returns and issue refunds for Products that were defective at the time of delivery and the defect was attributable to Bristar or the original manufacturer of the Product.

7.1.1. For defects that are attributable to a freight provider, delivery personnel or any such third party; you agree to look to said third-party for any claims.

7.1.2. For Products under warranties issued by manufacturers or suppliers, you agree to look solely to the manufacturer or supplier for any such warranty claims.

7.2. You must obtain a Return Material Authorisation (“RMA”) number from us before making any returns.

7.3. Issuance of an RMA number is in our sole and absolute discretion and shall be subject to the following:

7.3.1. You shall provide to us written notice and clear photographs of any damage to outer packaging, damage to Products, shortage of Products, or any other visual discrepancy within three (3) business days after receipt of delivery, failing which you are deemed to have unconditionally accepted the Products;

7.3.2. The defect must be attributable to Bristar or to the original manufacturer of the Product;

7.3.3. The defect must not be attributable to you, a freight provider, delivery personnel or any third party; and

7.3.4. The Product must be in its original packaging from Bristar.

7.4. You must return the Products to us in compliance with the instructions in the RMA issued by us.

7.5. You shall be responsible for all costs and risks associated with the shipment of the return to us, including but not limited to the costs of freight, packaging, and parcel insurance (if any).

7.6. After receiving a return from you, we shall inspect and assess the returned Products. If your return is approved, we shall refund to you the price paid for the Products only. For the avoidance of doubt, the refund shall exclude any fees or surcharges imposed by third-parties, such as Stripe payment fees, shipping fees, and insurance fees.

7.7. We reserve the right to refuse returns that are not in accordance with Clause 7.3. In the event that we refuse your return, we shall ship such Products to you or hold the Products for your collection at your sole expense.

7.8. We may identify certain Products in our quotes, Product lists, attachments, exhibits, Website and other channels as “non-standard”, or “non-cancellable and non-returnable” (“NCNR”). Products identified as “non-standard” or NCNR are strictly not returnable.

8. Software

8.1. Our Products for sale include machine-readable (object code) versions of computer programmes (“Software”). Your use of Software purchased from us shall be governed by the license agreements applicable to the Software.

8.2. Software embedded in or bundled with hardware Products must be used solely with the hardware for which the Software was intended, and may not be transferred or used separately.

9. Use of Products

9.1. You represent and warrant that your use of the Products shall comply with the manufacturers’ Product specifications.

9.2. The Products are not authorised for use in life support systems, human implantation, nuclear facilities or any other application where Product failure could lead to loss of life or property damage (“Unauthorised Applications”). You acknowledge that your use or sale of Products for use in Unauthorised Applications is at your sole risk.

9.3. You shall indemnify, defend and hold Bristar harmless from any claims arising out of or in connection with:

9.3.1. Bristar’s compliance with your designs, specifications or instructions;

9.3.2. modification of any Product by any party other than Bristar;

9.3.3. usage of Products in combination with other products not sold by Bristar;

9.3.4. usage of Products for Unauthorised Applications;

9.3.5. use of Products and related technology in chemical, biological or nuclear weapons, rocket systems (including ballistic missile systems, space launch vehicles and sounding rockets) or unmanned air vehicles capable of delivering same, or in the development of any weapons of mass destruction.

10. Indemnity and Exclusion of Liability

10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or liability for fraud or fraudulent misrepresentation.

10.2. Subject to Clause 10.1, these Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products. There are no other warranties, conditions or terms that are binding on us except as expressly stated herein. Any warranty, condition or term in relation to the Products which may otherwise be implied or incorporated into these Terms by statute, common law or otherwise is expressly excluded.

10.3. Subject to Clause 10.1, we shall not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise. Our maximum aggregate liability to you whether in contract, tort or otherwise shall in no circumstances exceed the price of the Products paid to you by us.

10.4. Our Website is provided on an “as is” and “as available” basis. Bristar and its officers, directors, employees, agents, contractors, distributors, merchants, sponsors and the like (collectively, “Associates) do not make any representations, warranty or guarantee as to the availability, reliability, timeliness, quality or suitability of the Website, or that the use of the Website will be uninterrupted or error-free.

10.5. Bristar and its Associates do not make any representations, warranty or guarantee as to the accuracy or completeness of Product information (e.g. statements, technical or other advice, information on Product specifications, features, export/import control classifications, uses, or conformance with legal or other requirements). Bristar and its Associates shall not be held liable for any representation, information or communication that is not a part of these Terms.

10.6. You shall defend, indemnify and hold harmless Bristar and its Associates from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with:

10.6.1. your use of our Website;

10.6.2. your purchase of Products from us;

10.6.3. your breach or violation of any of these Terms or any applicable law; and

10.6.4. your violation of the rights of any third party.

11. Export Control

11.1. Certain Products and related technology (“Controlled Items”) sold by us are subject export control regulations. Related technology includes “Technical Data” (e.g. blueprints, plans, diagrams, models, tables, engineering, design and specifications, manuals and instructions written or recorded on media or devices such as disk, tape, or read-only memory) and “Technical Assistance” (e.g. instructions, skills training, working knowledge, or consulting services).

11.2. In no event shall we enter into any Contracts or be bound by any terms and conditions that contravene any laws, regulations or other restrictions of any relevant jurisdictions, including but not limited to Japan, the United States and Singapore.

11.3. All sales and purchases under these Terms shall be subject to obtaining all relevant licenses, permits or other approvals if required. You shall, upon our request, furnish us with all information and documentation, including but not limited to End Use Statements in the form prescribed by us, which may be necessary for us to obtain any required licenses, permits or other approvals. We reserve the right to impose any further terms and conditions on you in our End Use Statements.

11.4. You represent and warrant that you shall:

11.4.1. comply with all applicable export control regulations;

11.4.2. obtain any licenses, permits or other approvals required to transfer, re-export or import the Controlled Items;

11.5. You represent and warrant that at all times, you shall not:

11.5.1. directly or indirectly export, re-export or transfer (or cause to be exported, re-exported or transferred) any Controlled Items to any country, jurisdiction, individual, corporation, organisation, or entity to which such export, re-export, or transfer is restricted or prohibited by applicable export control regulations, including sanctions or embargoes administered by the United States, European Union, Japan or any applicable governing jurisdiction;

11.5.2. directly or indirectly export, sell, lease, or otherwise dispose of Products (including replacement parts, Technical Data and Technical Assistance) sold by Bristar to any country, jurisdiction, individual, corporation, organisation, or entity which, in your knowledge, may make use of the Products for Military Purposes. For the purposes of this clause, “Military Purposes” means the design, development, manufacture or use of any weapon including without limitation nuclear weapons, biological weapons, chemical weapons and missiles.

11.5.3. directly or indirectly export, sell, lease, or otherwise dispose of Products to any countries against which any economic sanction is imposed under resolutions approved by the Security Council of the United Nations, insofar as the Products fall under the categories of items prohibited for export to such countries.

11.6. In the event of any breach of this Clause 11, you shall be liable to Bristar for any and all direct and indirect damages incurred by Bristar arising from such breach, and Bristar reserves the right to cancel all Orders or Contracts with you without any liability or notice to you.

12. Data Protection

12.1. We collect and process your personal information in accordance with our Data Protection Notice, which is incorporated by reference into these Terms.

12.2. Where applicable, you agree and consent to our collection, use, processing and disclosure of your personal information as described in our Data Protection Notice.

13. General Terms

13.1. Assignment: You may not transfer or assign any rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations under these Terms to third-parties, including but not limited to subsidiaries, associated companies, affiliates, agents, contractors, and third party suppliers.

13.2. Rights of Third Parties: These Terms does not give rise to any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this agreement. Your use of the Products may be subject to non-contractual rights of third parties, including but not limited to intellectual property rights.

13.3. Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.4. Waiver: Our rights under these Terms may be waived only in writing, and delay in the exercise or non-exercise of any right is not a waiver of that right.

13.5. Force Majeure: We shall not be in breach of these Terms and will not be liable for failure to fulfill our obligations under these Terms, if any such failure or delay is due to or arising from a force majeure event, including but not limited to newly-enacted laws and regulations, operational disruptions, man-made or natural disasters, shortage of labour or materials, strikes, war, terrorism, civil unrest, Acts of God, or any causes beyond our reasonable control.

13.6. Entire Agreement: These Terms (together with any documents referred to herein) sets out the entire agreement and understanding between you and Bristar as to the subject matter of these Terms, and supersedes all prior and contemporaneous agreements or correspondence or understanding, express or implied, oral or written.

13.7. Governing Law: These Terms are governed by the laws of Singapore. For the avoidance of doubt, the provisions of the United Nations Convention on Contracts for the International Sale of Products shall not apply to these Terms.

13.8. Dispute Resolution: The courts of Singapore shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination. 

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