All orders are accepted by AV Connect subject to the Terms and Conditions of Sale set out below:
1. General
1.1 All orders for products (“Products”) will be accepted by AV Connect Pte Ltd (“AVC”) subject to these terms and conditions of sale. Any person or organisation who places orders for Products (“Customer”) with AVC is bound by these terms and conditions. No other terms will apply to the supply of Products by AVC unless agreed in writing by an authorised signatory of AVC. Customer’s purchase order is solely for the purpose of requesting delivery dates, quantities and shipping destinations and instructions. Any provision of Customer’s purchase order (or other documents and communications) which is in any way inconsistent with or in addition to the terms and conditions contained herein shall not become part of the contract between AVC and Customer or otherwise be binding on AVC unless expressly agreed to in writing by AVC. AVC reserves the right to amend these terms and conditions at any time. These terms and conditions, as may be amended from time to time, constitute the entire agreement of the parties with respect to the subject matter hereof and cancel and supersede all prior communications, representations, understandings, agreements and course of dealings.
1.2 Descriptions of the Products in the AVC catalogue or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. AVC shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products in the AVC catalogue is not an offer capable of acceptance, it merely constitutes an invitation by AVC for the Customer to make an offer.
2. Prices
2.1 Prices are exclusive of prevailing tax and delivery charges. AVC reserves the right to change prices without prior notice at any time.
2.2 For export orders, unless agreed otherwise in writing, prices are ex-works AVC’s premises. All export prices exclude the cost of special packaging and all duties, rates, charges, taxes, dues, levies and consular fees imposed in connection with the Products by any country to which the Products are to be delivered.
3. Ordering
3.1 AVC reserves the right to decline to trade with any company or person and may decline to accept any order.
3.2 AVC may substitute an ordered Product where the Product has been superseded by the latest version. If the Customer orders the wrong Product or quantity, or duplicates orders, clause 12 will apply.
3.3 For export orders, unless otherwise specified, each quotation given by AVC will remain valid for 30 days. A quotation may be withdrawn by AVC at any time before acceptance by AVC of any order placed with AVC.
4. Delivery
4.1 AVC will aim to deliver Products in accordance with the Customer’s order. The Customer’s delivery options for domestic and exports orders, and the prices for them, are set out on AVC’s website or will be notified to the Customer at the time of order. Delivery will be made to the Customer’s usual business address, unless otherwise agreed in writing. For all orders, goods will be sent as soon as possible and customer notified either by means of phone or email. Orders are usually despatched within 3 – 7 working days once payment are cleared and goods available.
4.2 For domestic orders, the place of delivery shall be the Customer’s premises; for export orders delivery shall be ex-works AVC’s premises (unless agreed otherwise in writing).
4.3 Times and dates for delivery quoted in the AVC catalogue or by AVC’s employees are approximate only and AVC shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
4.4 If any delivery is late, the Customer must notify AVC, and AVC will endeavour to ascertain if the Product has been delivered or the expected delivery time of the Product to the Customer. AVC may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable AVC may also, at its discretion, offer an alternative delivery option. AVC may notify the Customer if AVC will be unable to fulfil any order within the published lead time, and may provide alternative options, if available.
4.5 If the Customer does not take delivery of the Products or give AVC adequate delivery instructions then AVC may without prejudice to any of its other rights or remedies:
- effect delivery of the Products by whatever means it thinks most appropriate at the Customer’s risk and expense; or
- by notice in writing, treat the contract as repudiated.
5. Inspection, Transit Delays and Non-delivery
5.1 The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 7 days of delivery, give written notice to AVC of:
- Any defect in a Product that is apparent on reasonable examination. In this case AVC shall, at AVC’s discretion, replace the Product or refund the purchase price.
- Any shortfall in Products delivered. In this case AVC shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
- Any delivery of Products not in accordance with the order. In this case AVC shall, at AVC’s discretion, replace the Products or refund the purchase price.
5.2 If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects.
5.3 The remedies set out above are the Customer’s exclusive remedies in the circumstances described in paragraphs (i) to (iii) above. AVC shall not be liable for any losses (consequential or otherwise), damages or expenses howsoever caused, whether due to the negligence or otherwise of AVC or its servants, agents or sub-contractors.
6. Payment
Payment terms must be made in advance prior to delivery in the following modes:
- credit card / debit card
- telegraphic bank transfer with all bank charges borne by the Customer and within the period specified in the invoice
- Other digital payment means (eg PayNow / PayLah)
7. Passing of Risk and Property
Risk of loss of or damage to the Products shall pass to the Customer on delivery.
8. Product and Availability Information
AVC reserves the right to discontinue any Product or to change its source at any time. Unless otherwise confirmed, nothing in the Catalogue is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part of them.
9. Warranty
9.1 AVC warrants that if any Product is defective, it will, at its option, replace or refund the purchase price. This warranty is subject to a claim being notified in writing to AVC within 7 days of the date of despatch of the Product.
9.2 These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of AVC. The Customer must deal with the defective Products in accordance with AVC’s instructions.
9.3 The Customer must contact AVC to notify AVC in advance of the return of any Products and obtain a returns number, to be quoted on all paperwork. Returned Products must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products in accordance with this clause, AVC may refuse such Products and return them to the Customer at the Customer’s cost.
9.4 Any products which are replaced by AVC shall become the property of AVC. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.
9.5 The remedies set out above shall be AVC’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply of Products. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Products are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, merchantable quality, fitness for purpose and provision of services with reasonable care and skill). AVC will not be liable to the Customer for any loss, damage or liability which arises out of the breach of implied warranties, terms or conditions or breach of any other duty of any kind imposed on AVC by operation of law or for any negligence. The Customer acknowledges that it is responsible for ensuring that the Products and Services it orders are fit for the purposes for which it intends to use them.
10. Limitations of Use
Products sold by AVC are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
11. Liability
11.1 AVC shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the AVC helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
11.2 AVC shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
- any express or implied terms of the contract between AVC and the Customer, or of any order accepted by AVC;
- any duty of any kind imposed on AVC by law; or
- any defect in the Products.
11.3 If, notwithstanding any provisions of these terms and conditions, any liability attaches to AVC, AVC’s liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise in respect of one or more of
- any express or implied terms of the contract between AVC and the Customer, or of any order accepted by AVC;
- any duty of any kind imposed on AVC by law; or
- any defect in the Products, shall be limited to the total value of the order.
12. Cancellations and Returns
12.1 The Customer cannot cancel orders once orders are accepted and confirmed by AVC. Any request for order cancellation must be submitted in writing and subject to AVC’s discretion to accept the order cancellation.
12.2 The Customer may only return Products to AVC, and receive a credit or refund, on the following conditions:
- the Customer must contact AVC in advance and obtain the prior consent of AVC and (if available) obtain a return number (to be quoted on all returned paperwork);
- return must be made within 30 days of the date of delivery. Products must be returned to AVC in their original, unopened packaging and in a condition which will enable them to be immediately fit for re-sale; and
- Products must be adequately packed and dispatched freight prepaid by Customer, clearly labelled, to AV Connect Pte Ltd, No 8, Kaki Bukit Road 2, #03-11. Ruby Warehouse Complex. Singapore 417841.
The Customer shall be liable for any loss or damage of the Products until they are delivered to AVC and AVC shall not be obligated to give any credit or refund if the foregoing conditions are not complied with.
12.3 Products accepted for return will be credited at invoice value.
13. Rights in the Catalogue
The Customer acknowledges that AVC and its licensors own the intellectual property rights in the catalogue, the catalogue content and the stock numbers, and that their whole or partial reproduction without AVC’s prior written consent is prohibited.
14. Force Majeure
A force majeure event is any event beyond the reasonable control of AVC (including strikes, traffic congestion, the downtime of any external line, or AVC’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If AVC is prevented or restricted from carrying out all or any of its obligations by reason of any force majeure event, then AVC shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, AVC may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.
15. Compliance with Laws
15.1 The Customer shall observe all laws, regulations and requirements imposed in relation to the Products and the sale, labelling and storage of them in the jurisdiction in which the Customer or Products are situated, and shall indemnify AVC against all actions, claims, costs, demands and expenses incurred or suffered by AVC arising out of the breach by the Customer of this clause 15.1, including legal fees on a solicitor/client basis.
15.2 The Customer shall not knowingly sell to any buyer who is on, or who will supply the Products to any other person who is on, the US Denials List or any other embargoes or sanctions list. The Customer shall comply with all applicable export control, re-export, sanctions, embargoes and denied persons regulations and shall comply with any applicable AVC policy in force from time to time (if there is any conflict between the two, the export controls shall prevail). The Customer acknowledges that it is the Customer’s sole responsibility when exporting the Products to any other country or jurisdiction to ensure that the Customer complies with all applicable laws and regulations. The Customer shall indemnify AVC against all actions, claims, costs, demands and expenses incurred or suffered by AVC arising out of the breach by the Customer of this clause.
16. Severance
Any provision in these terms and conditions which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
17. Law and Jurisdiction
The contract between AVC and the Customer as applicable to each Customer order shall be governed by and interpreted in accordance with Singapore law and the Customer submits to the non-exclusive jurisdiction of the Singapore courts, but AVC may enforce the contract in any court of competent jurisdiction.
18. Contracts (Rights of Third Parties) Act
A person who is not a party to the contract between AVC and the Customer as applicable to each Customer order shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B of the Singapore Statutes) to enforce any of its terms.