Commercial Terms & Conditions
Last updated on 06/04/2022
The following terms and conditions are applicable to the equipment and services proposed and must be agreed upon unless arrangements are made in advance with ETS Solutions. All stipulations below must be clearly stated in a conspicuous place in the body of the Letter of Credit or Purchase Order.
1. F.O.B. Point
Unless otherwise stated, the prices quoted are F.O.B. port of exporting country. Shipment will be made via method specified by buyer. Export crafting fees and inland shipping may or may not be included.
2. Taxes and Fees
All prices are exclusive of all local (point of use) sales taxes or licenses, inspections, insurances or other fees. This includes all forwarding agent fees unless otherwise specified.
3. Price Certification
ETS Solutions warrants the prices quoted are complete and accurate at the time of the proposal and will remain valid for the period stated in item 4 below. ETS Solutions also warrants that the prices quoted are established in accordance with standard and accepted accounting procedures.
4. Validation Period
Quotations and or proposals shall remain valid for 60 days or otherwise stated.
5. Installation & Warranty
A statement of Scope of Supply and Statement of Limited Warranty is incorporated by reference into the quotation and or proposal as in the following pages of this Annex. All conditions apply unless otherwise stated.
6. Acceptance Testing
Acceptance testing may be performed or witnessed by the buyer at our facility prior to shipment at no additional charge.
7. Shipment
Shipment will be made via method specified by buyer unless otherwise specified.
8. Payment terms
Amount quoted as per currency indicated in the first page of this proposal. Payment by T/T Wire Transfer unless stated otherwise to the following bank details:
Account Holder Name : ETS SOLUTIONS ASIA PTE LTD
Account Number (SGD) : 335-303-449-7
Bank Name : UNITED OVERSEAS BANK LTD
Branch Name : UOB PLQ
Bank Branch Address : No. 10 Paya Lebar Rd, #02-10/11/12, Singapore 409057
Bank Code : 7375
Branch Code : 014
Swift Code : UOVBSGSG
Account Holder Name : ETS SOLUTIONS ASIA PTE LTD
Account Number (USD) : 357-909-472-7
Bank Name : UNITED OVERSEAS BANK LTD
Branch Name : UOB Shaw Centre
Bank Branch Address : No. 1 Scotts Rd, #03-04 Shaw Centre, Singapore 228208
Bank Code : 7375
Branch Code : 018
Swift Code : UOVBSGSG
9. Bank Fees
All bank fees and expenses generated inside and outside of exporting country is the responsibility of the buyer unless otherwise stated. If payment is via L/C, the L/C document must read, “All Bank Charges, discount and acceptance fees are for the account of the applicant.”
10. Payment Dates Required (Unless otherwise stated)
The following dates should be used to avoid shipping delays and additional costs.
Wire Transfer issue date: Wire Transfer must be issued 7 days prior to scheduled ship date.
11. Late Payments
ETS Solutions reserves the rights to stop the shipment if payment is delayed 15 days beyond scheduled shipment date.
12. No Cancellation Policy
Buyer shall have no right for any reason whatsoever to cancel the order once it has been accepted by ETS Solutions. If buyer commit a breach of contract or cancel or terminate the contract after the delivery or shipment of material, ETS shall be entitled to claim 100% of the contract value for the compensation.
13. Installation
The proposed amount does not include any installation at site unless stated otherwise. Buyer will provide all necessary installation. Any cost involves installation shall be negotiated separately.
The MS software license or application software upgrades for a standalone PC or laptop at the customer site installation should based ONLY on a 1 year warranty basis from ETS Solutions Pte Ltd, due to the fact that software license typically are proprietary, free or open source, and in view of the fact that the PC is subjected to constant usage on a 7 days/ 24 hours operation at customer premises which can be exhaustive and long term damage on the OS without a substantial backup system to enhance its performance. After 1 year warranty, in the event of customer coming back to ETS Solutions on further maintenance, it will be done with a third party with extra administration support charges from ETS Solutions Pte Ltd, or the customer can still manage on their own accord. As the application softwares on the MS Office like Excel, Word etc are on a constantly upgrading on year by year basis, ETS Solutions Pte Ltd is not liable to on the application software upgrades on the behalf of the customer.
14. System Password Policy
We reserve our rights to apply time-based password operation control for all supplied equipment in line with the contract payment terms. Final and permanent passwords are issued only when all due payments are received.
15. Reservations
All rights in regard to presentation or delivery of this quotation verbally or in writing, in whole or in part, are reserved. We also reserve the right of changes in production resulting from technical progress. Verbal agreements leading to a modification of the quotation will only become valid if we confirm them in writing.
16. Force Majeure
Any delays in or failure by a Party hereto in the performance hereunder if and to the extent it is caused by the occurrences or circumstances beyond such Party’s reasonable control, including but not limited to, acts of God, fire, strikes or other labor disturbances, riots, civil commotion, war (declared or not) sabotage, any other causes, similar to those herein specified which cannot be controlled by such Party. The Party affected by such events shall promptly inform the other Party of the occurrence of such events and shall furnish proof of details of the occurrence and reasons for its non-performance of whole or part of this Agreement. The parties shall consult each other to decide whether to terminate this Agreement or to discharge part or in full of the obligations of the affected Party or extend its obligations on a best effort and on an arm’s length basis.
17. Export License Compliance
Some property, including materials and technical information included with the property may be a controlled commodity under the United Nation Council / U.S. exporting controlled regulations and require a valid export license issued by the Department of Commerce prior to its export from the Exporting Country. As a condition of sale, Buyer will abide by the UN/US Export/Re-export laws and regulations, including obtaining an export license, whenever applicable. You acknowledge awareness of such laws and regulations and agree that ETS Solutions will not be liable for any delay or cancellation of order due to denial of export approval from the government of exporting country. Buyer shall do his due diligence to become familiar with them prior to importing any property/product.
18. Applicable Law
This quotation/agreement is governed by the laws of Singapore.
All disputes, differences and claims whatsoever which shall at any time arise between the parties hereof as to the rights, duties, obligations or liabilities of the parties hereto respectively by virtue of this quotation/agreement shall be subject to jurisdiction of the Courts in Singapore.
Any dispute arising out of or in connection with this quotation/agreement outside Singapore, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of 1 arbitrator.
The language of the arbitration shall be English.
The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.
ETS Solutions Asia Management
