T&C

TERMS AND CONDITIONS

1. ORDER

Your order for a Product is only accepted by us when:-

a)We have either countersigned the Purchase Order (PO) or sent to you a written notification confirming our acceptance of your said order.

b) We have sent our tax invoice (“the invoice”) to you for the Price of the Product(s) and

c) We have received from you the full amount of Deposit as agreed.

d) In these Terms and Conditions, the Prices of the Product(s) are inclusive of goods and services tax, unless otherwise stated.


2. PAYMENT

The Deposit:

a) For an order of a Product, you shall pay to us in advance the Full Payment or Deposit amount as agreed. At all times where a Product remains undelivered, you are required to maintain with us the Full Payment or Deposit for that Product.

- Our receipt of the Full Payment or Agreed Deposit shall be a condition precedent for our acceptance of your order for that Product.

- For the avoidance of doubt, we shall only proceed to make arrangements for the manufacture and/or supply of a Product only after our receipt of the Full Payment or Agreed Deposit.

b) The Balance Amount:

-Unless expressly provided otherwise in these Terms and Conditions, you shall pay to us the Price of the Product less the amount of the Deposit, without any deduction, see-off or counterclaim, prior to our delivery of that Product to you.

c) The ownership of a Product shall only pass to you upon our receipt of the Price of the Product (which shall include the GST thereon) as stated in the invoice. Until we receive full payment of the Price of the Product, the ownership of the Product shall remain vested with us.

d) In the event that a Product is undercharged by us for any reason whatsoever, we shall have the right to:-

-Request from you the difference between the actual price of that Product (which shall include the GST thereon) and the Price of the Product: an

-Issue you an additional invoice for the said difference or to revise/amend the invoice to take into account the difference.


3. DELIVERY

a) All delivery dates provided by us are estimates only. Accordingly, we shall not be responsible and shall not accept any liability for not being able to deliver a Product within the specified time resulting from shipment/delivery delays from our suppliers, Act of God, war, civil commotion and any other causes beyond the control of Grafunkt Pte Ltd.

b) Delivery time will be arranged with you in advance. Delivery dates and times are Mondays to Fridays from 10:00am to 6:00pm. Subject to availability.

c) We will provide one (1) complimentary delivery to a local address for a minimum nett purchase of S$2,140 per invoice. For a nett purchase of less than S$2,140 or if more than one (1) delivery is required, an additional transport fee of S$85 for each delivery is payable by you.

d) If no one is present at the address to receive delivery on the confirmed delivery date and time, you will be bear the charges for additional transportation charges incurred for the re-delivery of Product(s).

e) You are responsible for ensuring that there is adequate access and entry to your premise to allow delivery of the Product(s). Any additional costs in relation to effecting delivery of the Products into your premise, for example, use of a crane, hand carry, are your responsibility and you shall pay for such additional costs. If it is not possible for the Product(s) to be delivered to your premises, and unless you then accept delivery of the Product(s) under such circumstances, the Product(s) will be returned to our warehouse and you have to bear the charges for transport fee for any transport and re-delivery. In addition, the Storage Fee shall be payable by you in accordance with the provisions of Clause 4 below.

f) We reserve the right to make part deliveries of any invoice and each part deliveries of any order and each part delivery shall constitute a separate contact in respect of the Products delivered on the same terms and conditions as set out herein. Failure to deliver all the Product(s) you have ordered shall not invalidate the contract as regards any part deliveries.

g) If you are unable to accept delivery of the Product(s) within 14 days from our first call to you, you shall pay the following:

-The balance mount of the Product(s) as stated in the invoice in accordance with the provisions of Clause 2 above, and

-The Storage Fee in accordance with the provisions of Clause 4e below.

h)Should you decide to self-collect, we will call to confirm your pick-up location. The pick-up locations are:

Studio Grafunkt
85 Playfair Road
#02-02 Tong Yuan Industrial Building
Singapore 368000
Mondays to Fridays only: 10:00am – 6:00pm

Grafunkt Flagship
9 Raffles Boulevard
#02-34/35/36 Millenia Walk
Singapore 039596
Daily: 11:30am – 8:30pm


4. STORAGE FEE

a) The Storage Fee for a Product shall be equivalent to S$80 or 2% of the Price of the Product (Whichever is the higher) for each period of 30 days or part thereof. The Storage Fee shall be subject to goods and services tax.

b) The Storage Fee shall be payable by you until you have accepted delivery of all Products held by us in storage for you.

c) The Storage Fee shall be payable without any deduction, set-off or counterclaim, on the first day of the period of 30 days. There shall not be any pro-rating of the Storage Fee even if you subsequently accept delivery of the Products that are in storage before the relevant period of 30 days has passed.

d) Where Clause 3e applies, the Storage Fee shall be payable from the day that the Products are returned to our warehouse.

e) Where Clause 3g applies, the Storage fee shall be payable from the 15th day after our first call to you.


5. INSPECTION

a) You are required to inspect the Product(s) for any defects when you take delivery of it. Please take note the following are not considered defects:

       -Scars and wrinkles are natural characteristics of leather

       -Lines appearing on fabricated plastic surfaces are manufacturing characteristics

       -Wood knots and tiger stripes are natural characteristics of wood

b )Product delivered is subject to a tolerance of +/-20mm.

c) You will be required to note any defects of the Product on the delivery documentation which is presented to you by the delivery team for acknowledgement. In all other cases, you will be required to notify us in writing of any defect of shortage within seven (7) calendar days of delivery. We will not be liable for any defect or shortage to a Product unless we are notified within the time period as specified. Unless the Product is defective, and we are duly notified as outlined above, we shall be unable to refund, exchange or credit your account with us.

d)Once the defect or shortage is verified by us, we will arrange to collect the Product immediately from you whilst we resolve the issue. Please note that a loan piece will not be provided as part of the resolution.

e)For a Product that is on sales and/or is a showroom piece, that Product is sold on a “as is condition” basis and you are deemed to have acknowledged and accepted this basis when you make payment prior to delivery of the Product.


6. RETURNS

a) Except as otherwise expressly provided herein, we shall not accept the return of a Product which as been delivered unless it is with our prior written consent and agreement. Only a return authorized by us will be accepted and our acceptance of any return of a Product shall be subject to such terms and conditions as we may prescribe at our sole and absolute discretion.


7. OUR LIABILITY

a) Except as otherwise agreed by us, our warranty for manufacturing defects of the Product sold to you is for one (1) year from date of delivery.

b) Our said warranty shall only apply to a Product that is used in the manner it was intended for. Where a Product is not used for its intended purpose, our said warranty for the Product will be voided and we will not accept any liability for an damages to the Product.

c) Our said warranty does not apply to the “wear and tear” to the Product.

d) Product sold under clearance will be strictly no return, refund, exchange or warranty. Delivery charge remains applicable should you reject or cancel the order upon delivery.


8. PERSONAL INFORMATION

a) Unless otherwise expressively notified by you in writing, your address and contact details may be used by us and/or our subsidiaries and/or related companies to provide marketing information to you about our Products and events.


9. CANCELLATION OF ORDERS

a) We shall have the right to cancel your order for a Product (which had been accepted by us) at any time and for any reason whatsoever without our prior consent or agreement by giving you written notice of such cancellation. Upon such cancellation of your order for a Product by us, the following provisions shall apply:-

-We shall no longer be obliged to deliver that Product to you; and

-We shall immediately refund to you, without any interest or compensation, the Deposit and all other payments which you have made to use with regards to the Product; and

-Upon such refund being made to you as mentioned in Clause above, you shall have no further claims against us arising out of or in connection with the said cancellation of your order.

b)Where Clause 2d above applies and you do not wish to pay for the difference between the right price of the Product and the Price of the Product, you shall have to option to cancel your order by giving us a written notice of such cancellation. In the event of your cancellation of your order pursuant to this Clause 9b:-

-We shall no longer be obliged to deliver that Product to you; and

-We shall immediately refund to you, without any interest or compensation, the Deposit and all other payments which you have made to use with regards to the Product; and

-Upon such refund being made to you as mentioned in Clause above, you shall have no further claims against us arising out of or in connection with the said cancellation of your order.

c)Except as otherwise expressively stated herein, once an order has been accepted by us, no cancellation of that order by you is valid.


10. GOVERNING LAW

a) These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the Republic of Singapore.