Please read the agreement(s) below carefully. Flexxon will accept your order only after you have accepted the terms of each such agreement. If you agree with the terms of such agreement(s), please click in the check box just above the "Checkout" button to indicate your acceptance. You may then complete the processing of your order by selecting the "Order" button.
Thank you for your interest in Flexxon Pte Ltd's ("Flexxon") Products and / or Services (as defined in the Section titled "Definitions" below). Please note that Flexxon reserves the right and discretion to refuse your order. Flexxon will accept your order only if (1) you accept the terms of this Flexxon Sales Agreement ("Agreement"); (2) you provide valid information for as required by Flexxon for this transaction, including but not limited to your "ship to" address; and (3) the Product and/or Service is available.
All transactions pursuant to this Agreement will be exclusively governed by applicable Singapore law, including but not limited to the Sales of Goods Act (Cap. 393) ("SOGA"), and subject to the terms and conditions of this Agreement.
You will be deemed to have placed an order in accordance with the terms of this Agreement, and accepted the terms of this Agreement if:
A Product or Service becomes subject to this Agreement when Flexxon accepts your order by either (1) shipping the hardware Product or making the software Product available to you, or (2) providing the Service. Confirmation of Flexxon's receipt of your order does not constitute Flexxon's acceptance of your order.
Where your order has been accepted by Flexxon, this Agreement, including the associated warranty statements, license agreements, and its applicable attachments, will represent the complete agreement between you and Flexxon regarding your purchase of Products or Services, and replaces any prior oral or written communications between you and Flexxon. Any additional or different terms in any order or written communications from you are void.
If there is a Flexxon Customer Agreement or equivalent agreement in effect between us, then that agreement governs this transaction rather than this Agreement.
If you acquired your Flexxon Product or Service through a Flexxon reseller, the terms of this Agreement do not apply.
A "Product" is any Flexxon or third party hardware or software which is provided to you by Flexxon under this Agreement. Hardware products include computers and options or accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.
A "Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) made available to you by Flexxon.
If Customer’s purchase is made through a reseller, all credit, invoicing, payment, returns, ordering, pricing and cancellation terms for the purchase will be as agreed between Customer and reseller.
Unless credit terms have been expressly agreed by Flexxon, payment for the Products or Services shall be made in full before the physical delivery of Products or the provision of Services. You agree to pay as specified by Flexxon, including any applicable goods and services, sales, use or similar taxes, fees or duties (unless you supply exemption documentation), any late payment fee, and shipping charges. Until you fully discharge any outstanding amounts which are due and owing, Flexxon shall have discretion to withhold delivery of products and/or provision of services. Flexxon reserves the right to demand immediate payment for any products and/or services that have already been dispatched. You are responsible for any applicable taxes for each Product from the date Flexxon ships it to you, or when the Service is provided. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
If a Product is quoted at an incorrect price due to a typographical error, or error in pricing information, Flexxon reserves the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if Flexxon has confirmed the receipt of your order and charged your credit. If Flexxon has charged your credit but subsequently cancelled your order, Flexxon will promptly issue a credit to your credit account for the amount charged. Any authorizations placed on your credit card can take up to 30 days to reverse, depending on the credit card issuer. Please contact your financial institution for their specific timeframes in relation to the reversal of such authorizations.
4.1 Shipment. Unless otherwise agreed, Supplier shall arrange for shipment of the ordered Products to the ship-to address indicated in the Order, through a common carrier designated by Supplier. Delivery dates are indicative. Software may be provided by delivery of physical media or through electronic means. Customer shall notify Supplier within 21 days of the invoice date if Customer believes any Product included in its Order is missing, wrong, or damaged, and shall ensure that the intended installation site meets the specifications as per the product documentation.
4.2 Transfer of Risk and Title; Costs. Risk of loss for Equipment and for physical media containing licensed Software transfers to Customer upon Delivery. Title to sold Equipment passes to Customer upon Delivery. Unless Supplier’s Quote expressly provides otherwise, “Delivery” for Equipment occurs when Supplier provides the Equipment to the carrier at Supplier’s designated point of shipment; “Delivery” for Software occurs either when Supplier provides physical media (or the Equipment on which it is installed) to the carrier at Supplier’s designated point of shipment, or the date Supplier notifies Customer that Software is available for electronic download. Unless otherwise agreed, cost of transit insurance on behalf of Customer shall be included in the total price stated on the Quote.
4.3 Acceptance. All Products and Third Party Products will be deemed to be accepted upon Delivery. Notwithstanding such acceptance, Customer retains all rights and remedies under the warranty terms stated below. Customer may only return Products to Supplier that are permitted to be returned pursuant to the warranty policy (https://www.flexxon.com/warranty-information/).
(a) Flexxon may change components or parts of a hardware Product without notice, due to the availability of such components or parts or Flexxon's policy of on-going product up-date and modification, provided that the components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Flexxon Limited Warranty. You accept that Flexxon's policy may result in differences between the specification of Products delivered to you and the specification of Products ordered.
(b) The Products and/or Services provided to you pursuant to this Agreement must not be resold at a discount, in competition with Flexxon's resellers. If you resell Products and/or Services provided to you by Flexxon, at a discount in competition with Flexxon's resellers, Flexxon may terminate this Agreement without notice, where legally permitted to do so.
(c) Both you and Flexxon agree that under this Agreement, all information exchanged is of a non-confidential nature. If either you or Flexxon requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
(d) You consent to the processing, storage and use of use information about your transaction and your contact information, including, but not limited to, names, phone numbers, address, and e-mail addresses, by Flexxon and Flexxon's related companies to process and fulfill your transaction. Flexxon may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, Flexxon may use this information to inquire about your satisfaction with Flexxon's Products or Services or provide you with information about other Products and Services. You may however, at any time decline to receive any further such communications from Flexxon. You agree that in accomplishing these purposes, Flexxon may 1) transfer your information to any country where we do business; 2) provide your information to entities acting on Flexxon's behalf; or 3) disclose it where required by law. If your Personal Data (as defined in the Personal Data Protection Act 2012 (No. 26 of 2012) ("PDPA") is transferred to a country or territory outside Singapore, Flexxon will ensure that the recipients thereof provide a standard of protection to your Personal Data so transferred that is comparable to that which is provided under Singapore’s PDPA. Flexxon will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless Flexxon provides clear notice to you and obtain your explicit consent for your Personal Data to be shared in this manner.
(e) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
(f) Neither you nor Flexxon, including Flexxon's subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.