Terms of Sales

Tru-Marine Pte Ltd (Herein called “The Company”)

Terms and Conditions for Repair, Inspection, Maintenance, Modification and Test

General

Supply of any of the services, equipment, material or components described or referred to in the Company’s quotation at the quoted prices is expressly conditioned upon the terms and conditions set forth below and, if any, on the quotation.

Any order for the supply of or any direction to proceed with any such services, equipment, material or components shall constitute assent to the aforesaid terms and conditions, and a representation that the Customer is solvent and will remain solvent.

Warranty

The Company warrants to the Customer that the services to be performed and the equipment, material and components to be furnished hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified in the contract.

PROVIDED always that where a particular brand of equipment, material or components or method of work or design is prescribed by the Customer, the Company shall not be responsible nor liable, in any way whatsoever, for any defects in equipment, material and components or any defect in or faulty method of work or design so prescribed by the Customer, whether or not such defects are apparent or visible.

The warranty hereunder with respect to each defect is conditional upon:

– The defect becoming apparent to the Customer within six months from the date of completion of work by the Company; and

– The Company having received written notice of the defect within one month after the defect becomes apparent to the Customer. The condition of any tests shall be mutually agreed upon and the Company shall be represented at all tests that may be made.

If the services performed or equipment, material or components furnished hereunder do not meet the above warranty, and if the Customer promptly notifies the Company, the Company shall thereupon correct any defect, including non-conformance with the specifications, either, at its option, by repairing, or by replacing at its factory the defective work, equipment or components. The liability of the Company under this warranty, or for any loss or damage to the equipment whether the claim is based on contract or negligence or on any other ground shall not in any case exceed the value of the work awarded to the Company nor shall the Company be liable for any obligation liability claim or remedy from loss of use, revenue or profit or for any other indirect incidental or consequential loss. The Company does not warrant any equipment, material or component designated or supplied by the Customer.

The Company makes no warranty to the Customer for such services performed and the equipment, material and components furnished which the Company deems to the temporary or emergency services nor does the Company make any warranty to the Customer for such services performed where recommendations for the services provided made by the Company are not accepted by the Customer.

Patents

The Company assumes no obligations whatsoever to the Customer with respect to patent risks.

The Customer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable if any work done in accordance with the Customer’s specification and instructions involves an infringement of a registered design or patent, trade mark or trade name.

Delivery / Completion Dates

Delivery or completion dates are approximately only and are subject to prompt receipt of all necessary information and instructions.

Excusable Delays

The Company shall not be liable for any failure or delay in delivery or in performance due to:

– Courses beyond its reasonable control; or

– Acts of God, acts of the Customer, acts of civil or military authority, priorities, fires, strikes or other labour disturbances, floods, epidemics, war, riot, delays in transportation or car shortages; or

– Inability on account of causes beyond its reasonable control to obtain necessary labour, material, components or manufacturing facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay.

Payments

Payment of the contract price shall be as and when the equipment, material or components are ready for delivery at the Company’s facility or as and when work is completed at the Customer’s premises and the Customer is given notice hereof. In the event of delivery by installments, payment shall be made on a pro-rata basis.

Notwithstanding the foregoing, the Company shall have the right, at any time, to require full or partial payment of the contract price in advance.

Payment should be made by crossed cheque in favour of Tru-Marine Pte Ltd.

Credit terms is 30 days. Interest will be charged at 1% per month on overdue accounts.

Termination

In the event of bankruptcy or insolvency of the Customer or in the event any proceeding is brought against the Customer, whether voluntarily or involuntarily, under any bankruptcy or insolvency laws, or in the event that the Company is of the opinion that the financial stability of the Customer is questionable or the Customer defaults in any payment hereunder, the Company shall be entitled to cancel any other then outstanding at any time and the Customer shall be liable to reimburse the Company for all costs, expenses, and losses incurred by the Company as a result of such cancellation.

Title and Risk

The title and right of possession of equipment, material or components repaired, inspected, maintained, modified, and tested under the contract shall, subject to any applicable lien rights of the Company and to its right of sale in the event of nonpayment, remain with the Customer.

Any equipment, material or component held by the Company shall be at the sole risk and expense of the Customer. The Customer shall be solely responsible for arranging adequate insurance cover.

Title to any equipment from time to time loaned or hired to the Customer shall remain with the Company.

All scrap resulting from the work shall be the property of the Company.

Cancellation

The Customer may cancel this order only upon written notice and upon payment of a reasonable and proper cancellation charge prescribed by the Company.

Assignment and Subcontracting

The Company shall have the right to subcontract any or all of the work covered by the contract.

Any assignment of this order or any rights hereunder, by the Customer without written consent of the Company, shall be void.

Prior Agreement Superseded

This document contains the entire agreement of the parties and no understanding, promise or representation, waiver, alteration or modification of any of the provisions hereof shall be binding upon the Company unless assented to in writing by an authorized representative of the Company.

Proper Law

This agreement shall be governed by and construed in accordance with the Laws of Singapore.