CONTROLLING PROVISIONS: No terms and conditions other than the terms and conditions contained herein shall be binding upon HydroTek South East Asia (HydroTek) unless accepted by it in writing by HydroTek
PLACING AN ORDER: An order is not considered placed until it has been accepted by us in writing. Any supplement, modifications or verbal agreements are subject to our written approval in order for them to take effect.
PRICES: The Prices stipulated by the Company and relating to this contract are based on rates and costs as at the date of quotation, of materials, transport, labour, customs duty, insurance and other rates and charges. The prices shall be increased and decreased by the amount of any change in the aforementioned rates and charges, out of the Company's control.
TERMS OF PAYMENT: Customer agrees to pay for the products according to the HydroTekâs payment terms. All payment is payable to HydroTek according to the fund stated. In the event customer fails to make any payment to HydroTek when due, customer's entire account(s) shall become immediately due and payable with notice and demand.
DELIVERY: Delivery shall be made at the address stated on the Purchase Order unless by alternative arrangement. HydroTek will make a good faith effort to complete delivery of the products as indicated in writing, but HydroTek assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to HydroTek, including, but not limited to, liability for HydroTek's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of HydroTek. Under no circumstances shall HydroTek be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
INSPECTION: Claims for damage, shortage or errors in shipping must be reported within two (2) day following delivery to Buyer. Customer shall have seven (7) days from the date of receives any products to inspect such products for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify HydroTek, in writing, of any defects, nonconformance or rejection of such products. After such seven (7) day period, customer shall be deemed to have irrevocably accepted the products, if not previously accepted. The sole and exclusive remedy for product alleged to be defective in workmanship or material will be the replacement of the product subject to inspection and warranty.
WARRANTIES: HydroTek warrants that the items sold hereunder shall be free from defects in material and workmanship for a period of one (1) year from date of delivery from HydroTek: (1) This warranty comprise the sole and entire warranty pertaining to items provided hereunder. (2) HydroTek makes no other warranty, guarantee or representation of any kind whatsoever. (3) All other warranties, including but not limited to, merchantability and fitness for purpose, whether express, implied, or arising by operation of law, trade usage, or course of dealing are hereby disclaimed.
LIMITATION OF REMEDY: HydroTek's liability arising from or in any way connected with the items sold or this contract shall be limited exclusively to repair or replacement of the items sold or refund of the purchase price paid by customer, at HydroTek's sole option. In no event shall HydroTek be liable for any incidental, consequential or special damages of any kind or nature whatsoever, including but not limited to lost profits arising from or in any way connected with this agreement or items sold hereunder, whether alleged to arise breach of contract, express or implied warranty, or in tort, including without limitation, negligence, failure to warn or strict liability.
CANCELLATION: Customer may cancel their order at anytime by giving notice to HydroTek in the most expeditious means possible and shall be confirmed thereafter in writing, by facsimile or by email. Cancellation charges will be applied for both standard product and non-standard product or special order product upon received of customer order confirmation: (1) 30 percent within 1 to 5 days (2) 40 percent within 6 to 10 days (3) 50 percent within 11 days and above.
RETURNS: Customer may return any product if: (i) it is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and (ii) it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged and (iii) meets all Local, State and Federal laws governing the type of product that can be sold or put into transit in which the product is being returned. Customer will be responsible for the return carriage charges and credit note or purchase return will be issued to the value of the goods. Customer must ensure that the goods are packaged adequately to protect against damage. If fail to return the goods, HydroTek will collect them and will charge the direct cost of collection. If the goods are faulty or misdescribed, customer may contact HydroTek as soon as possible so we can resolve the situation. Any returned goods in COD are not accepted, as our receiving department is unable to process these transactions.
INDEMNIFICATION: HydroTek shall not be responsible for any losses or damages sustained by the customer or any other person as a result of improper installation or misapplication of the products. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
