| 1) DEFINITIONS
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MACLINK means MACLKIN PTE. LTD.
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Contract means the contract for the sale of Products by MACLINK incorporating these Terms and Conditions.
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Customer means the person who accepts a written quotation for the sale of the Products or whose order to purchase the Products is accepted by MACLINK.
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Product(s) means the product(s) sold pursuant to the Contract as specified on Customer invoice.
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Price means the price for the Products.
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Third Party Products means Products not manufactured or assembled or authored by MACLINK but are supplied to MACLINK by third parties for resale by MACLINK.
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Territory means the country in which the Products are to be used.
2) TERMS AND CONDITIONS
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MACLINK shall sell and Customer shall purchase the Products subject to these Terms and Conditions which are stated in the quotations and Invoices.
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The Products sold are subject to these Terms and Conditions which are incorporated into the Contract to the exclusion of any other stipulated by Customer unless otherwise agreed to in writing by MACLINK. Customer acknowledges that he has read and understood the contents and agrees to be bound by these Terms and Conditions.
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A Contract shall come into force and constitute a legal binding contract when Customer's order is confirmed and accepted by MACLINK or when MACLINK's quotation is signed and-or accepted by Customer.
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The Contract constitutes the entire agreement between Customer and MACLINK, and no modification, variation or amendments of the Terms and Conditions shall be binding on MACLINK unless confirmed by it in writing.
3) ORDERS, PRICE AND PAYMENT
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Payment for the Products shall be made in full before delivery of the Products to or at the place designated by Customer as evidence in Customer's invoice.
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Under no circumstances or for any reason whatsoever shall Customer be entitled to make any deductions set-off or withhold payments for the Products.
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All prices quoted in writing are valid for the period specified on the quotation-Invoice or until earlier acceptance by Customer.
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Unless otherwise stated, MACLINK's prices do not include import or export fees, duties, tariffs or other charges. Any such charge will be shown in the Invoices where applicable. All costs incurred for shipping and handling will be borne by Customer.
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Customer is deemed to have given MACLINK consent to pay any charges mentioned in Clause 3.4 on its behalf and undertakes to pay MACLINK any such charges paid. It shall not be open for Customer to say that Customer is exempted from the payment of any such charge.
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MACLINK's prices do not include country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies-taxes. Such taxes shall be borne by Customer and will appear as separate items on Customer's invoices, where appropriate. If sales to Customer are exempt from such taxes, Customer shall furnish to MACLINK the legally required documentation, satisfactory to MACLINK, to support the exemption at the time of order.
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Under the Contract, time for payment is of the essence. MACLINK reserves the right to charge interest on all overdue sums on daily basis, (as well after as before any judgment) from due date of payment up to date of actual payment, both days inclusive at the rate of 15% per annum.
4) TITLE
Title to Products is retained by MACLINK until the price is paid in full to MACLINK.
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Title in respect of all software products will remain with the licensor(s) of the respective software products at all times.
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All software provided under these Terms and Conditions are furnished subject to the terms and conditions of the license agreement relating to that software. Software license agreements may be packaged with the software, may be separately provided to Customer for signature or may require on-screen acceptance. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that MACLINK does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
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Risk in Products shall pass to Customer upon delivery of Products to Customer.
5) THE PRODUCTS
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MACLINK reserves the right to revise and-or discontinue Products at any time without notice. Revised or updated Products may differ but will have the functionality and performance of the Products ordered. Customer acknowledges and accepts that the specification of Products delivered to Customer may differ from the specification of Products ordered.
6) SHIPPING AND DELIVERY
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MACLINK shall deliver the Products to the place of delivery designated by Customer and agreed to by MACLINK as evidenced in Customer's invoice.
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MACLINK may, deliver the Products by installments in any sequence. In such case, each installment shall be treated as a separate contract and no default or failure by MACLINK in respect of any one or more installments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.
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Any delivery dates quoted by MACLINK are approximate only and shall not form part of the Contract. MACLINK shall endeavor to meet the delivery date but will not be liable for any delay in delivery of the Products, howsoever caused.
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If Customer fails to take delivery of the Products or any part of them tendered in installments, or fails to provide any instructions, documents, licenses, consents or authorizations required to enable MACLINK to make delivery on the due date, delivery shall be deemed to have taken place and MACLINK shall be entitled upon giving written notice to Customer, to store or arrange for storage of the Products, whereupon risk in the Products shall pass to Customer, and Customer shall pay to MACLINK all costs and expenses (including storage and insurance charges) arising from its failure-refusal.
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Rescheduling of delivery, change or cancellation of orders are all subjected to Administrative charges as shall be determined by MACLINK.
7) ACCEPTANCE OF PRODUCTS
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The Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract, unless Customer notifies MACLINK to the contrary on the day of delivery and such notification is confirmed in writing within two days. Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by MACLINK.
8) RETURN POLICY
SUBJECT to Clause 7 and the provisions contained in this clause:
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All products returned MUST: be 100% complete, contain ALL original boxes and packing materials, contains all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
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Customer is responsible for shipping charges on returned items, MACLINK will match Customer shipping method on Customer replacement or exchange item(s).
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If product arrives damaged, make sure it is noted on the carrier's delivery record in order for MACLINK to file a damage claim. Save the product AND the original box and packing it arrived in, notify MACLINK immediately. If Customer do not notify MACLINK of damaged goods within the first 48 hrs of arrival, MACLINK's regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions.
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DEFECTIVE returns can be returned directly to MACLINK within 10 days from the date of receipt of package, at MACLINK's discretion for: credit, replacement, exchange or repair.
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MACLINK reserves the rights to refuse any returns that:
(a) Has been specified as not be refundable once item package has been opened;
(b) Is not returned in its original packaging;
(c) Has missing parts; or
(d) Returns received beyond 10 days from the date of receipt of package.
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For products of intellectual property (e.g. software, programs, GPS maps etc.), no sales returns or refunds will be accepted once the authorization/registration code is issued.
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All returns may be subjected to a 15% restocking fee or $15 whichever is greater.
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Once order is confirmed or payment is completed, there will be a 5% cancellation fee for any order cancellation.
9) WARRANTY & REPAIRS
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Except for the warranties delivered with Products (if any) and the provisions contained in this Clause 8, MACLINK disclaims all warranties, either express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.
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During the carry-in warranty period, where applicable, VETRA SOLUTIONS shall repair or replace Products shipped to MACLINK's facility. Such Products shall be shipped with freight prepaid to MACLINK in their original or equivalent packaging with the Return Material Authorization Number (RMA) clearly marked thereon.
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The risk of loss or damage during such shipment shall be borne by Customer.
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MACLINK is under no obligation to accept any returned Product for warranty service without a RMA issued by MACLINK. RMA shall be issued by MACLINK to Customer upon Customer's request for warranty service.
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Customer acknowledges and accepts that MACLINK shall not be responsible for any loss of data or software and that MACLINK is under no obligation to advise or remind Customer on appropriate back-up procedures.
10) SUPPORT SERVICES
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During the warranty period MACLINK shall provide at no charge to Customer support services for Products by telephone, facsimile or e-mail. Beyond the warranty period such services shall be charged at the then prevailing rates in MACLINK's price list.
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Where on-site service is available in a territory it shall be provided by MACLINK upon the terms and conditions then in force for such on-site service.
11) LIMITATION OF LIABILITY
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Under no circumstances shall MACLINK be liable for any direct, indirect, special, incidental or consequential damages whatsoever, including without limitation, damages for loss of data or profits, business interruption, loss of business information, and the like, arising out of the use or the inability to use Products, even if MACLINK has been advised of the possibility of such damages.
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Customer shall indemnify MACLINK and keep MACLINK fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
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MACLINK and Customer agree that MACLINK will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered.
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MACLINK assumes no liability or responsibility for any typographical, clerical or other error or omission in the content of its website, sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by MACLINK and shall be subject to correction without any liability on the part of MACLINK.
12) FORCE MAJEURE
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Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
13) EXPORT RESTRICTIONS
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Customer acknowledges that the Products licensed or sold under the Contract may be subject to the export control laws of certain countries and agrees to abide by those laws and regulations. Customer further acknowledges that the Products may also be subject to the export laws and regulations of the country in which the Products are received, and that Customer will abide by such laws and regulations. Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that to determine the precise controls applicable to the products acquired, it may be necessary to refer to relevant laws and regulations.
14) GENERAL
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In Territories where this is relevant, nothing in these Terms and Conditions shall affect the statutory rights of a Customer dealing with MACLINK as a consumer.
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MACLINK can at any time assign Contracts to any affiliate or related corporation. Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder without the prior written consent of MACLINK.
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If any provision of these Terms and Conditions or part thereof is rendered or declared invalid or unenforceable by any legislation or judicial authority, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
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The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
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These Terms and Conditions and the Contract shall be governed by and construed in accordance with the laws of Singapore and the parties agree to submit to the non-exclusive jurisdiction of the Singapore courts.
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These Terms and Conditions shall be interpreted and construed in accordance with the English language.
15) FEEDBACK
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We welcome your feedback. Should you feel dissatisfied with any of our goods or services, please contact us at
ADDRESS
EMAIL
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Or online at the Contact Us page from the Home page
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