BLAZER ELECTRONIC CENTRE ONLINE STORE
Conditions of Sale
ALL PRODUCTS OFFERED ARE STRICTLY FOR RE-EXPORT ONLY AND ARE NOT FOR USE IN THE REPUBLIC OF SINGAPORE
All orders are accepted by Blazer Electronic Centre (“BLAZER”) subject to the Terms and Conditions of Sale set out below:
1. General
1.1 All orders for products ("Products") will be accepted by Blazer Electronic Centre (“BLAZER”) subject to these terms and conditions of sale. Any person who places orders for Products with BLAZER ("Customer") is bound by these terms and conditions. No other terms will apply to the supply of Products by BLAZER unless agreed in writing by an authorised signatory of BLAZER.
BLAZER reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at www.blazer.com.sg
1.2 All descriptions of the Products contained on BLAZER website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between BLAZER and the Customer. BLAZER shall not be liable to the Customer for any errors or omissions on its website, the BLAZER catalogue or other product advertisement. The advertising of products on the BLAZER website is not an offer capable of acceptance; it merely constitutes an invitation by BLAZER for the Customer to make an offer to purchase Products. BLAZER's acceptance of the Customer's order will take place when BLAZER confirms pricing and delivery dates to the Customer in writing, at which point a contract will come into existence between BLAZER and the Customer.
1.3 The Customer’s particular attention is required for clause 11, which sets out certain limitations of BLAZER’s liability.
2. Prices and GST
2.1 All prices are in Singapore dollars without GST. The current GST is 7% of the total price of the purchase. The prices of the Products are as set out on the BLAZER website.
BLAZER reserves the right to change prices without prior notice at any time. Up-to-date information can be found on the BLAZER website. In the event of any conflict between prices for any products listed on the BLAZER website and prices listed in the physical catalogue, prices listed on the BLAZER website shall prevail.
2.2 The price of an ordered Product will be as set out on the BLAZER website at the time of order acceptance by BLAZER, except for products ordered for delivery at a future specified date (“forward orders”). The price for forward orders may be varied by BLAZER after the date of order acceptance by written notice to the Customer.
2.3 All prices exclude GST, which BLAZER will add at the rate applicable at the date of order acceptance. If GST applies to any Products, the Customer must pay an additional amount equal to the amount of GST. BLAZER will provide a GST-compliant tax invoice. "GST" means the goods and services tax under the Goods and Services Tax Act (Chapter 117A).
2.4The prices of BLAZER products are as set out on the BLAZER website, unless agreed in writing with an authorised representative of BLAZER. Discounts given by BLAZER in relation to BLAZER's standard stocked products or any other BLAZER offer will not apply to all other products.
3. Ordering
3.1 BLAZER reserves the right to decline to trade with any company or person. BLAZER may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by BLAZER. Further, BLAZER may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by BLAZER. If BLAZER rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.
3.2BLAZER executes orders to the Customer's requirements, but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when BLAZER next has available stock or be cancelled and refunded to the Customer.
3.3 The Customer must submit orders using the BLAZER stock numbers and the priced units used on the BLAZER website, and must specify which delivery option is required. Any telephone, fax or internet confirmation of a previous order by the Customer must be marked 'CONFIRMATION' or otherwise clearly identified as a confirmation to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 (Cancellation and Returns) will apply.
4. Delivery
4.1 Subject to any cancellation, substitution or non-fulfilment of Customer's orders in accordance with clause 3 (Ordering), BLAZER will deliver the products specified in the Customer's order. BLAZER may use third party delivery agents to deliver products to Customers.
4.2 The Customer's delivery options, and the prices for them, are as set out on by BLAZER representative and should be confirmed by CUSTOMER by email prior the payment.
The Customer choice of delivery option is final after the payment is completed.
4.3 Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's confirmed delivery address in order form, unless otherwise agreed in writing.
4.4 BLAZER will aim to deliver products in accordance with the times and dates for delivery quoted by BLAZER's representative (the 'Quoted Delivery Times'), but Quoted Delivery Times are approximate only and BLAZER shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
4.5 If any delivery has not been made by the Quoted Delivery Time, then subject to the Customer notifying BLAZER of such delay, BLAZER will endeavour to ascertain if the product has been delivered and will inform the Customer of the status of the delivery or the new expected delivery time. If a revised delivery time is not acceptable BLAZER may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery and BLAZER shall not be liable for any loss or damage (including indirect, consequential or economic) suffered or incurred by the Customer or any other party in relation to late delivery.
4.6 Orders are subject to an additional shipping and handling charge as quoted at the time of order. Orders containing these shipping and handling charges apply per order, irrespective of the number of products ordered, and will be levied against the first delivery of products under the relevant order.
4.7 Special delivery conditions may apply for export orders. Call BLAZER on 6296 6944 for more details.
5. Inspection, Transit Delays and Non-delivery
5.1 The Customer must inspect all products as soon as is reasonably possible after delivery or collection. The Customer shall, within ten(10) days of the date of delivery or collection or, in the case of sub-clause iv. below, the Quoted Delivery Time or any updated estimated date for delivery, give written notice to BLAZER in detail of:
i. Any defect in a Product that is apparent on reasonable examination. In this case BLAZER shall, at BLAZER's discretion, replace the Product or refund the purchase price. See clause 9 for terms of Warranty. In any event the Customer must refuse parcels delivered to it in a damaged condition;
ii. Any shortfall in Products delivered. In this case BLAZER shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products;
iii. Any delivery of Products not in accordance with the order. In this case BLAZER shall, at BLAZER's discretion, replace the Products or refund the purchase price; or
iv. Any non-delivery of the Products (in which case the time limit is within 10 days of the estimated dispatch date). In this case BLAZER shall deliver the undelivered Products or refund the price of the undelivered Products.
5.2 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. BLAZER' record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
5.3 The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. BLAZER shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
6. Payment
6.1 Payment terms must be made in advance prior to delivery using the following modes:
i. Online payment by Credit Card as available on Website
ii. Bank Transfer if agreed by BLAZER and The Customer
iii. Cheque payment (cheque must be cleared before delivery) for Singapore based customers.
6.2 Credit terms are not available.
6.3 If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
i. all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date; and
ii. the Customer will be liable to pay all expenses and legal costs incurred by BLAZER in relation to obtaining or seeking to obtain an appropriate remedy; and
iii. BLAZER may charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at the banks interbank rate +1 per cent compounded monthly; and
iv. treat that and all other contracts as repudiated by the Customer if the Customer fails to pay all such unpaid amount within fourteen (14) days of notice by BLAZER; and
v. suspend delivery of Products under that or any other contract for as long as the default continues.
7. Risk and Ownership
7.1 In the case of products to be delivered to the Customer's property, risk of loss of or damage to the products shall pass to the Customer when goods are passed for delivery, unless the Customer wrongfully fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when BLAZER has attempted to deliver the products.
7.2 Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to BLAZER has been made (in cash or cleared funds). If the Customer is late in paying any sum to BLAZER, then BLAZER shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorizes BLAZER and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.
7.3 Demand for or recovery of the products by BLAZER shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or BLAZER's right to sue for the whole of the price.
8. Product and Availability Information
8.1 BLAZER reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any BLAZER website information. The most up to date information on the availability and design of the products BLAZER supplies is available on the BLAZER website.
8.2 Unless otherwise confirmed in writing, nothing on the BLAZER website or in any BLAZER catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
9. Warranties and Remedies
9.1 BLAZER is a reseller of the Products manufactured by third parties (“Third Party Products”). ALL PRODUCTS SOLD BY BLAZER ARE THIRD PARTY PRODUCTS AND ARE SOLD ON AN “AS IS” BASIS. Third Party Products may carry with them a limited warranty from the third-party publisher, provider or original manufacturer of such Third Party Products. BLAZER is not responsible for fulfillment of any Third Party Product warranty or for problems attributable to the use of Third Party Products. BLAZER does not warrant that any Product will function in any specific configuration that includes any Third Party Products, or that any Product will function to produce a particular result, even if the specific configuration or the result has been discussed with BLAZER.
9.2 To the extent permitted by law, in the event of any such Product being materially defective, and subject to the provisions of clause 5 (Inspection, Transit Delays and Non-Delivery) surrounding defects apparent on delivery, the Customer will (at its option) replace the product or refund the purchase price.
9.3 To the extent permitted by law, the remedies set out in this clause 9 shall be the Customer's sole remedies and in respect of the supply or non-supply of products.
9.4 Where the Customer returns defective products otherwise than in accordance with these provisions, BLAZER may refuse such products and return them to the Customer at the cost of the Customer.
9.5 Any products which are replaced by BLAZER shall become the property of BLAZER. Title to replacement products shall pass to the Customer in accordance with the provisions of clause 7 (Risk and Owners).
9.6 The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products (unless such untrue statement was made fraudulently) other than any remedy it may have set out expressly in these terms and conditions of sale.
9.10 Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).
9.11 Except as required by law, BLAZER will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on BLAZER by operation of law. 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.
9.12. In giving the warranties set out above, BLAZER does not exclude or limit any application of relevant law where to do so would contravene that law or cause any term of these conditions to be void ("Non Excludable Condition"). These warranties are in addition to any Non- Excludable Conditions.
10. Export Control and Limitations of Use
10.1 Certain products sold by BLAZER may be subject to export control regulations of Singapore, United Kingdom, United States of America, European Union and other countries (“Export Laws”). The Customer shall comply with all such Export Laws and obtain any licence or permit required to transfer, export, re-export or import the products.
10.2 The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by Singapore, United Kingdom, United States of America, European Union or any other country.
10.3 The Customer certifies that products purchased from BLAZER will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
10.4 Products sold by BLAZER 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 BLAZER 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 BLAZER technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
11.2 BLAZER 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:
i. any express or implied terms of the contract between BLAZER and the Customer, or of any order accepted by BLAZER;
ii. any duty of any kind imposed on BLAZER by law arising out of or in relation to the contract between BLAZER and the Customer or order;
iii. any defect in the products;
iv. intellectual property rights infringement; or
v. any other loss whatsoever arising out of these terms and conditions of sale.
11.3 If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9 (Warranties and Remedies), 10 (Export Control and Limitations of Use) and 11 (Liability), any liability attaches to BLAZER, BLAZER's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of:
i. any express or implied terms of the contract between BLAZER and the Customer, or of any order accepted by BLAZER;
ii. any duty of any kind imposed on BLAZER by law arising out of or in relation to the contract between BLAZER and the Customer or the order;
iii. any defect in the products ;
iv. intellectual property rights infringement; or
v. any other loss whatsoever arising out of these terms and conditions of sale;
shall be limited in the aggregate to S$50,000 or the total value of the order, whichever is lower.
11.4 Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of BLAZER for death or personal injury caused by the negligence of BLAZER or its employees, agents or sub-contractors, or for fraud or anything else which cannot by law be limited or excluded.
12. Cancellations and Returns
12.1 BLAZER may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to BLAZER recovering from the Customer the costs incurred by BLAZER, and subject to the processing charge provided for in this clause 12.
12.2 In the event of cancellation of part of any order only, BLAZER may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched up to the time of cancellation compared to the quantity ordered.
12.3 A processing charge may apply in respect of all products returned other than due to defects covered by the warranty at clause 9 (Warranties and Remedies). BLAZER reserves the right to apply a handling charge of 20% of invoice value or S$100 whichever is higher.
12.4 Customers may only return products to BLAZER, and receive a credit or refund and on the following conditions, provided that BLAZER agreed to such return in writing:
i. The Customer must contact BLAZER on 6296 6944 or by email in advance to obtain prior consent and a returns number (to be quoted on all relevant paperwork);
ii. Return must be made within 7 days of the date of delivery (as stated on the delivery documentation) or collection of such product(s).
iii. Products must be returned to BLAZER in their original condition and packaging, unused and in a condition which will enable them to be immediately fit for re-sale;
iv. The Customer must follow any specific instructions sent by BLAZER regarding return to BLAZER; and
v. Products must be adequately packed and clearly labelled for collection by an authorized agent of BLAZER ELECTRONIC CENTRE.
vi. The Customer must quote the invoice details or the BLAZER reference number on the BLAZER Customer Returns Form from the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price.
12.5 Where the Customer returns products to BLAZER not in accordance with clause 12.4 (i) – (vi) above (for example, after the period for returns has expired or in an unfit state) BLAZER may refuse to accept the return and return the products to the Customer at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on the BLAZER website).
12.6 This Returns Policy excludes software, DVDs, videotapes, books, calibrated products, production packaging products, non-catalogue products, extended range products, specially manufactured products and any products marked as non-cancellable (NC) or non-returnable (NR). In addition, BLAZER will not accept returned ESD sensitive devices where the integrity of the original ESD shielding packaging has been compromised e.g. the bag has been opened and resealed or multiple bags have been stapled together.
12.7 BLAZER accepts no responsibility for any loss of or damage to products in transit from Customer to BLAZER or for any items received by BLAZER with them.
13. Force Majeure
A force majeure event is any event beyond the reasonable control of BLAZER (including but not limited to government actions, war, fire, explosion, flood, labour disputes, traffic congestion, the downtime of any external line, or BLAZER's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If BLAZER is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then BLAZER 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 fourteen days, BLAZER may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
14. Intellectual Property Right
14.1 The Customer acknowledges that BLAZER and its licensors own the intellectual property rights in the BLAZER website, the BLAZER catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without BLAZER's prior written consent is prohibited.
14.2 BLAZER does not warrant or give any assurance to the Customer that any products supplied do not infringe the intellectual property rights of any third party.
15. Anti-Bribery
15.1 The Customer shall (and shall ensure that persons associated with it or other persons who are providing goods in connection with these Terms and Conditions shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, including, but not limited to, the Singapore Law, and shall:
i. not (directly or indirectly) induce any employee, agent or subcontractor of BLAZER to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or other inducement;
ii. not do or omit to do any act that will cause or lead BLAZER to be in breach of any of the Relevant Requirements;
iii. promptly report to BLAZER any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with the performance of this contract;
15.2 The Customer is informed that:
i. BLAZER employees are not permitted to accept gifts of more than token value, loans, excessive entertainment or other substantial favours from any company or individual that does business with BLAZER or seeks to do so;
ii. BLAZER employees are not permitted to solicit gifts or other favours from any company or individual that does business with BLAZER, or seeks to do so; and
iii. entertainment of BLAZER employees is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that BLAZER's employees, agents or contractors, can reciprocate.
15.3 Financial restrictions on gifts and entertainment are contained in BLAZER's Anti-Bribery Policy and further details are available on request.
15.4 Any breach of this clause 15 shall be a material breach of these terms and conditions which is incapable of remedy.
16. Data Protection and Customer Information
16.1 BLAZER may disclose the Customer's details to organisations working on behalf of BLAZER anywhere in the world for the purpose of proper fulfilment of orders and BLAZER' obligations under these terms and conditions of sale. The terms of the Privacy Policy are hereby incorporated into these conditions. Excepting if it would otherwise create or allow a breach of law, the provisions of these conditions of sale nevertheless prevail over any inconsistency between these conditions of sale and our Privacy Policy. Please see our Privacy Policy on the BLAZER Website for full details.
16.2 BLAZER may send to any business Customer and its employees details of other products and services offered by its group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers, or wish to amend or correct their details, then they should contact the BLAZER either in writing at BLAZER Electronic Centre or by e-mail at: sales@blazer.com.sg.
16.3 The Customer consents that BLAZER may use the name of the Customer by disclosing it to certain BLAZER suppliers for market research and commission purposes.
17. Law and Jurisdiction
17.1 The contract between BLAZER and the Customer based on these terms and conditions of sale 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 courts of Singapore, but BLAZER may enforce the contract in any court of competent jurisdiction.
17.2 If any part of these terms and conditions of sale is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties' express intention that the relevant wording should be interpreted or construed so as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.
17.3 No express term of these terms and conditions nor any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act (Cap.53B of the Singapore Statutes) by any person who is not a party to it.
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BLAZER ELECTRONIC CENTRE
Registered office:
10 Jalan Besar,
#B1-17 Sim Lim Tower,
Singapore 208787.