Terms and Conditions (SFT)
1. Application and Validity
1.1 The following general conditions shall apply to all goods and services supplied by Sustainable Familie Trading Pte Ltd, a company incorporated in Singapore under the Business Registration Number 202120376G and registered address of business at 21 Woodlands Close Primz Bizhub #04-44 Singapore 737854 (hereafter referred to as “SFT”).
1.2 For the purpose of these general conditions the following definitions shall apply: ”Sales Order” refers to the order submitted by the Buyer on SFT website. ”Invoice” refers to the Buyer’s order confirmed by SFT.
2.1 Unless otherwise agreed in writing, prices are based on the current price listings, excluding taxes and other custom-related costs, etc.
2.2 Unless otherwise agreed, the Buyer shall prepay the goods within 7 working days upon receiving the invoice before the goods are shipped.
2.3 SFT’s invoice shall be effective and binding for a period of 7 working days from the date of issue.
2.4 If payment has not been completed by the Buyer within the stipulated time period (7 working days), SFT is entitled at its own discretion to cancel or maintain in whole or in part of the invoice. SFT is also entitled to store, sell or remove the goods for the Buyer’s account and risk and to claim damages. In the event of SFT cancelling the invoice, SFT is entitled to compensation for costs incurred as well as loss of profit.
3. Terms of Payment
3.1Subject to SFT’s discretion, credit terms are extended upon successful application. The Buyer is allowed to request for 30-day credit terms. Reminders of payment will be sent on the 20th and 27th day. In event of late payment, SFT charges interest for default on the amount owing at the time in question, at a rate of 5.0 per cent compounded every 30 days post late payment.
3.2 Should default be made by the Buyer in paying any sum due under any invoice as and when it becomes due, SFT shall have the right either to suspend all further deliveries until the Buyer’s default of payment shall have been made good or to cancel the Sales Order so far as any goods remain to be delivered there under.
3.3 The Buyer shall not withhold payment or make any deductions from the price of the goods that have not been approved by SFT.
3.4 Where applicable, SFT’s decision to extend, maintain or cease credit terms to Buyer remains final and binding.
4. Retention of Title
SFT shall retain full and clear title to goods delivered hereunder, and ownership of the goods shall not pass to the Buyer until full and final payment has been made.
5.1 Unless otherwise agreed in writing, the delivery terms are DAP, excluding local charges in receiving country. Transport is done according to incoterms 2020.
Delivery is by courier service unless otherwise agreed.
5.2 Where required, SFT shall notify the Buyer of the estimated date of delivery when it has been despatched.
5.3 In the event of a delivery delay, SFT will advise Buyer on the follow-up measures required for goods recovery.
5.4 The Buyer cannot claim damages of any kind whatsoever including damages for consequential loss suffered due to a delay.
6. Use of the goods
6.1. In his use of the goods the Buyer shall observe all relevant national legislation including any regulation or requirement of governmental or other regulatory authority. Consequently, SFT assumes no liability for any infringement of patents or violation by the buyer of any relevant legislation, regulation or requirement, which is due to his use of the goods. This shall apply even if SFT, its employees or agents have made statements or recommendations (whether before or after the purchase) relating to the goods.
7.1. Immediately upon receipt of the goods, and before use thereof, the Buyer shall make such examination of the goods as required by proper trade practice. The Buyer shall satisfy himself that the goods meet all contractual requirements. If the Buyer fails to conduct said proper examination timely, he shall lose his right to invoke any rights in case of a defect, which could have been detected by the examination.
7.2 Any complaints about defects shall be made in writing and must be received by SFT not later than 7 (seven) days after the defect was or should have been detected. The complaint shall include a description of the alleged defect. For pre-packaged products, the Buyer has up to 3 months from date of delivery to examine and lodge a complaint to SFT of defects.
7.3 Claims based on defects shall be advanced within 6 (six) months of delivery.
7.4 No complaint can be made after expiry of the deadlines stipulated in 7.2 and 7.3. If SFT enters into any discussion with the Buyer concerning a complaint lodged after expiry thereof, SFT does so purely as a gesture and without waiving the right to contend that the complaint in question was lodged too late.
7.5 SFT shall in no event be liable for the suitability of the goods for its intended use or its fitness for a particular purpose. SFT shall further in no event be liable for defects or shortage of goods when caused by the Buyer’s inappropriate or improper use or storage.
7.6 If goods are defective and a claim based on the defect is brought against SFT, then SFT may choose within a reasonable time either to deliver replacement goods in return for the defective goods or make subsequent delivery, repair the defect or grant the Buyer a pro rata reduction in the purchase price, whereupon the rectification of the defect shall be deemed final.
7.7With the exception of what has been stipulated above, SFT assumes no liability for defects and the Buyer cannot assert any other rights in case of default than the ones stated above, including by way of illustration and not limitation termination of the order or compensation, whatsoever.
8. Force Majeure
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
8.2.1 strikes, lock-outs or other industrial action;
8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5 impossibility of the use of public or private telecommunications networks; or
8.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable means to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9. Intellectual property rights
9.1. The title to intellectual property rights in regard to the goods shall be vested in and solely allotted to SFT, including intellectual property rights resulting from the cooperation between the parties regarding the goods.
10. Product Liability
10.1. SFT shall be liable in accordance with applicable law on product liability, however with the limitations following from this clause 9.
10.2. SFT shall under no circumstances be liable for indirect losses, including but not limited to operating losses, loss of profits, loss of time, punitive damages and consequential costs to which a defective product may have given rise.
10.3. SFT cannot be held liable for damage to products manufactured by the Buyer or subsequent buyers or to products of which these form part.
10.4. Furthermore, SFT shall not be liable for losses suffered in connection with carriage and replacement of a product that has been resold.
10.5 If damage caused by the goods purchased or danger that such damage will occur comes to the attention of the Buyer, the Buyer shall without undue delay notify SFT thereof in writing. The notice does not relieve the Buyer of his obligation to minimise such damage.
10.6 The Buyer shall notify SFT if third parties bring claims based on product liability against the Buyer.
11. Limitation of Liability
11.1. SFT shall never be liable for punitive damages, financial loss, consequential loss, loss of profit, loss of time or other indirect loss or consequential damage whether arising from delay, from the supply of defective goods or otherwise.
11.2 Liability of the SFT shall in total be limited to the sum of the invoice giving rise to the claim.
12. Jurisdiction and governing law
12.1. Contracts for the purchase of Products through our site will be governed by the Law of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.