Terms & Conditions Of Sale

Terms & Conditions of Sale

The terms & conditions herein (Conditions) forms an integral part of all Fullsun Marketing Pte Ltd’s (Company) quotations, invoices and contracts relating to deliveries and services to the Customer named in the Company’s quotations, invoices and/or contracts. These Condition are deemed to be accepted by the Customer upon the Customer’s acceptance of the Company’s offer/quotation, upon the Customer taking deliver of the Company’s goods or acceptance of the Company’s services provided.

A. Prices

  1. Unless otherwise stated, all prices listed in the Company’s quotations/contracts/invoices shall be in Singapore Dollars and the Customer has to pay all applicable taxes such as Goods & Services Tax. The listed prices shall are non-negotiable unless otherwise stated by the Company; all quotations by the Company to the Customer is open for acceptance by the Customer for the period of time stated therein, or if it is not stated, within 15 days from the date of the quotation. All quotations given to the Customer are subject to variation or withdrawal at any time after the specified validity period;
  2. The Company reserves the rights to increase the prices of their goods and services at any time prior to delivery to the Customer of the Company’s goods and services if such increase is/are due to factors beyond the Company’s control such as, but not limited to, foreign currency fluctuations, cost increases by the Company’s suppliers, increased shipping charges, transportation costs, labour costs, storage costs, etc.;
  3. Unless otherwise stated, interest on the invoiced price (levied at the rate of 1.5% per month) of the Company’s goods and services supplied to the Customer shall be payable by the Customer should the Company fails to make payment by the due date;
  4. Unless otherwise stated, all payments by the Customer for the Company’s goods and services shall be in cash upon delivery. The time of payment shall be the essence. When deliveries are spread over a period of time, each delivery to the Customer shall be invoiced when dispatched and each invoice shall be treated as separate account and payable accordingly. In the event that the Customer fails to make payment to the Company on the due date specified in any of the invoices, the Company shall have the liberty to terminate all subsequent deliveries by giving written notice to the Customer three (3) days prior to termination of all future deliveries to the Customer;

“This clause shall also apply in the event where the Customer places orders for goods with the Company (either orally or written form) on an urgent basis and the Customer collects the goods at the Company’s premises on an immediate basis whereby the Company is only able to generate a Sales Invoice after collection of the goods by the Customer’s employees, agents and/or authorised persons. The Customer is deemed to accept the amount invoiced by the Company notwithstanding that the Sales Invoice is rendered to the Customer only after collection of the Company’s goods by the Customer.”

B. Retention of Title

Unless otherwise stated, title of the Company’s goods as listed in the invoice and/or delivery order shall not pass to the Customer until the Company has received payment in full (including any accrued late-payment interest thereto) of the price of the goods. Until payment is made in full by the Customer, the Company shall be at liberty to repossess and dispose (by way of resale or otherwise) all or any part of the goods in which title remains vested in the Company. In this context, the Customer shall hold the goods as the Company’s fiduciary agent and shall keep the goods properly stored, protected and insured.

C. Delivery

  1. The Company shall not be liable for any delay and/or failure to deliver the goods and services and/or to carry out any other of their obligations herein where such delay/ failure is not due to the Customer’s conduct and/or omissions and/or due to factors beyond the Company’s control and/or due to factors which the Company cannot provide against despite its exercise of reasonable diligence;
  2. The customer shall inspect the goods immediately on the arrival thereof where the goods are capable of immediate inspection and where the goods are not capable of immediate inspection, the customer shall within seven days of such inspection give notice in writing to the company of any matter or thing by reason whereof it alleges that the goods are not in accordance with the If the customer fail to give such notice the goods shall deemed to be in all respects in accordance with the contract and the customer shall bound to accept and pay for the same accordingly.
  3. In the event that the Customer fail to take delivery of the Company’s goods and/or services, the Company upon giving a written reminder to the Customer to take delivery of the same shall, on expiry of such notices to take delivery, proceed to rescind the contract, forfeit the deposit paid and resell the goods. In addition, the Company shall be at liberty to claim against the Customer for all expenses incurred, losses and/or damages due to the Customer’s failure to take delivery.
  4. Delivery shall be strictly to the ground floor only with good proper access.
  5. All delivered shower and tap fittings comes with flow regulator.

D. Warranty & Liability

  1. The Company shall not be liable to the Customer in any way whatsoever and howsoever if the goods and services supplied have been altered, improperly handled treated or processed by the Customer and/or its workers and agents supplied;
  2. The Company makes no warranty of the suitability of use in respect of the goods and/or services supplied to the Customer. The Customer is expected to have full knowledge of the suitability of use of the goods and/or services supplied by the Company at the Customer’s request;
  3. The Company shall have no liability whatsoever and howsoever arising from any direct, indirect, special or consequential damages (including but not limited to loss of profits) incurred or may be incurred by the Customer or any third party, even if it has been advised of the possibility of such damages, unless due to the Company’s wrongful and/or gross negligence;
  4. In the event that the Company shall beheld liable for whatever reason or nature (including but not limited to direct damages), the Company’s total liability in this context shall not exceed the price paid by the Customer for the goods and/or services supplied by the Company.
  5. All products are warranted to be free from manufacturing defects under normal use and service for a period of 1 year from the date of delivery. The Company will only provide a one to one exchange for items sold due to manufacturing defects. The Company will not be held responsible for other incidental cost such as labour and any cost associated with the replacement.

E. Governing Law

Unless otherwise stated, the laws of the Republic of Singapore shall apply.

F. Severance

If any of the provisions in the Terms & Conditions herein shall in whole or in part be held in any extent to be illegal or unenforceable under law, such provision or part thereof shall to that extent be deemed not to form part of these Terms & Conditions but the remaining Terms & Conditions shall not be affected.

G. Wavier

Failure by the Company to insist upon strict performance of the Terms & Conditions herein shall not constitute waiver of such terms & conditions.

H. Payment

Cheques are to be crossed and made payable to “FULLSUN MARKETING PTE LTD”