The sale of products and services ("Products") by Prestige Technology (S) Pte Ltd and its subsidiaries (“Prestige Technology”) to a customer (“Customer”) are subject to these terms and conditions ("Agreement") regardless of other terms or conditions in any purchase order, document, or other communication of Customer ("Order"). Prestige Technology objects to such other terms. This Agreement may only be modified in writing signed by authorised representatives of both Prestige Technology and Customer.
1.1 This Agreement shall be governed, construed, and enforced in accordance with the laws of the country where the Prestige Technology entity that accepted Customer's Order ("Governing Country") is located without reference to the conflict of laws principles. If the Governing Country is Singapore, the Law of Singapore shall apply. The validity, legality or enforceability of any part of this Agreement will be unaffected by the invalidity, illegality or unenforceability of any individual part of this Agreement.
2. Site Use
2.1 The Customer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to his/her computer, and the Customer agrees to accept responsibility for all activities that occur under his/her account or password. Prestige Technology reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
2.2 The information on www.prestige-technology.com (“the site”) is provided on an “as is” basis. To the fullest extent permitted by law, Prestige Technology excludes all representations and warranties relating to the site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the site and/or Prestige Technology’s literature; and excludes all liability for damages arising out of or in connection with Customer of use of the site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profit was foreseeable, arose in the normal course of things or the Customer have advised Prestige Technology of the possibility of such potential loss), damage caused to the Customer’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
2.3 Product information (for example, statements or advice (technical or otherwise) advertisement content, and information related to a Product's specifications, features, export/import control classifications, uses or conformance with legal or other requirements) is provided by Prestige Technology on an "as is" basis and does not form a part of the properties of the Product. Prestige Technology makes no representation as to the accuracy or completeness of the product information, and disclaims all representations, warranties and liabilities under any theory with respect to the product information. Prestige Technology recommends Customer validate any product information before using or acting on such information. All product information is subject to change without notice. Prestige Technology is not responsible for typographical or other errors or omissions in product information. Prestige Technology employees, representatives and/or agents have no authority to make any representations regarding Products other than those specified in this Agreement or a signed written amendment hereto. Prestige Technology shall have no liability for any representation or information that is not a part of this Agreement.
3. Order and Prices
3.1 All Orders are subject to acceptance by Prestige Technology. Contracts between Customer and Prestige Technology are formed upon Prestige Technology's written acceptance, Electronic Data Interchange (“EDI”) acknowledgment or execution of Customer's Order and are subject to this Agreement. Prestige Technology reserves the right to accept or reject requests for order cancellations at its sole discretion. Customer may not change, cancel or reschedule Orders of Products without Prestige Technology's consent. Prestige Technology reserves the right to allocate the sale of Products among its customers. Prestige Technology is not able to cancel orders that have been processed or delivered.
3.2 The price payable for the goods is as indicated on the site when Customer places their Order. Prestige Technology reserves the right to update product prices at any time without prior notice. Prices are subject to change due to manufacturers’ price increase, change in exchange rate or quoting errors. Unless otherwise stated on Prestige Technology’s Orders are for Products only and do not include taxes, freight, duties, tariffs or any other charges or fees for additional services (collectively, “Additional Fees”). Unless otherwise stated on Prestige Technology’s Orders, Customer is responsible for any and all Additional Fees.
4. Terms of Payment
4.1 Unless agreed otherwise between Customer and Prestige Technology in writing, payment is due upon receipt. All payments shall be made to the designated Prestige Technology's accounts. If deliveries are made in instalments, each instalment may be separately invoiced and shall be paid for when due. No discount is allowed for early payment. Interest will accrue on all late payments, at the rate of two percent (2%) per month on the outstanding amount will be levied. In addition, Customer shall pay all expenses incurred by Prestige Technology, including but not limited to legal fees and exchange rate losses in connection with collection of any late payments.
4.2 Prestige Technology reserves the right at any time to revoke any credit extended to Customer because of Customer’s failure to pay an invoice when due or for any other similar reason and to reschedule or cancel any outstanding delivery or Order until Customer’s account is current.
5. Delivery, Title and Risk of Loss
5.1 Unless otherwise stated by Prestige Technology in writing, all Prestige Technology deliveries shall be delivered EXW (Incoterms 2020). Prestige Technology's delivery dates are estimates only and subject to Prestige Technology's timely receipt of supplies. Prestige Technology shall not be responsible or liable for any costs, losses or damages arising out of or related to: (i) any failure to deliver Products within the time prescribed therefor; (ii) delay in delivery; (iii) partial delivery; or (iv) early delivery. Customer shall accept Products notwithstanding delayed, partial or early delivery. Customer may not cancel any other Orders based on delayed delivery of any part of an Order.
5.2 Unless specific instructions to the contrary are supplied by Customer, Prestige Technology will select the carrier and ship the Products to Customer’s address indicated on Customer’s Order. All Products will be scheduled for shipment in accordance with Prestige Technology’ minimum order policy and applicable shipment sequence.
5.3 All claims for damages to the Products or shortages must be made within seven (7) days business days after receipt of the shipment and present to Prestige Technology in writing. If Customer notifies Prestige Technology of any damage or discrepancy, Customer shall give Prestige Technology reasonable opportunity to inspect the Products concerned. Notwithstanding anything in this document to the contrary, Prestige Technology reserves the right to adopt an equitable plan of allocation and to adjust delivery schedules accordingly in the event of shortages.
6. Cancellation, Rescheduling, Returns and Modifications
6.1 Any request for order cancellation, rescheduling, return, or modification must be made in writing and such action must be approved in writing by an authorised agent of Prestige Technology. Any cancellation or buy back will be subjected to 80% charges of the Purchase Order value. Prestige Technology, at its option, may accept or reject any such request by Customer, and Prestige Technology reserves the right to impose charges on Customer in connection therewith. Customer shall not return any Products for any reason without issuance of a Return Notice Approval by Prestige Technology for such Products.
7.1 Customer acknowledges that Prestige Technology is not the manufacturer of the Products. Prestige Technology shall pass through to Customer any transferable product warranties, indemnities, and remedies provided to Prestige Technology by the manufacturer, including those for intellectual property infringement, if any, to the extent it is permitted to do so.
7.2 Prestige Technology performs value-added work such as integration work, repair of the Products, or calibration. Unless otherwise stated by Prestige Technology in writing, Prestige Technology warrants such value-added work will conform to Customer’s written specifications accepted by Prestige Technology for three (3) months from the time of delivery by Prestige Technology.
7.3 In no event, Prestige Technology shall be responsible for any non-conformance or other defects in the Product(s) resulting from improper handling during or after shipment, misuse, neglect, improper installation or operation, repair, alteration, accident or for any other cause not attributable to defective workmanship or failure to meet specifications on the part of Prestige Technology. This warranty shall not be expanded, and no obligation or liability will arise, due to technical advice or assistance, computerized data, facilities or services Prestige Technology may provide in connection with Customer's purchase.
8. Return Policy
8.1 Customer may return Products to Prestige Technology only with Return Notice Approval from Prestige Technology. The Return Notice Approval shall be issued by Prestige Technology subject to the following:
i. Returns for Visual Defect: Prestige Technology Receipt of written notice of any damage to outer packaging, damage to Products, shortage of Products, or other discrepancy ("Visual Defect") within seven (7) business days after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products;
ii. Returns for Product Warranty: Prestige Technology receipt of written notice stating the specific Product defect within the warranty period;
iii. The defect notified under (i) or (ii) was caused solely by Prestige Technology or the original manufacturer;
iv. The defect notified under (i) or (ii) is not damage, shortage, or other discrepancy created by Customer, a carrier, a freight provider or any third party;
v. Customer must return the Products to Prestige Technology in compliance with instructions in the Return Notice Approval provided by Prestige Technology; and
vi. Prestige Technology’s assessment of returned Products confirms eligibility for return under this section.
8.2 Prestige Technology may return Products not eligible for return under this section to Customer on a freight collect basis, or hold such Products for Customer's collection and account at Customer's expense.
9. Electronic Orders
9.1 Any part of the purchase and sale of Products, including Customer's Orders acknowledgment or demand forecast, uses EDI, Customer's internal portal, third party portal or any other electronic means ("Electronic Purchase Order"), this Agreement will continue to apply to the purchase and sale of Products between Customer and Prestige Technology. Customer's acceptance of Prestige Technology's acknowledgment request or Prestige Technology's specification of details with respect to Electronic Purchase Orders via writing, email or other EDI is binding on Customer.
10. Intellectual Property Rights Indemnity
10.1 Prestige Technology agrees to defend Customer against any claim that a Product, as delivered, infringes a valid and enforceable patent, copyright, trademark or other intellectual property right (“IP Claim”), and indemnify Customer against any damages arising from such IP Claim that are awarded to a third party by a court of competent jurisdiction or in a settlement approved by Prestige Technology, provided that Customer promptly advises Prestige Technology of any such IP Claim or related action and Customer provides Prestige Technology with sole control of the defense and settlement of any such action. Customer shall provide Prestige Technology with all information and assistance reasonably requested by Prestige technology to defend any such IP Claim.
10.2 Prestige Technology shall not be responsible for any settlement or compromise made without its prior written consent. If at any time use of a Product is the subject of an IP Claim or, in the opinion of Prestige Technology, is likely to become the subject of an IP Claim, Prestige Technology shall have the right, but not the obligation, at its sole option and expense, to either procure for Customer the right to continue using the Product, replace or modify the Product so that it becomes non-infringing or accept the return and grant Customer a credit for the Product as depreciated. If Prestige Technology elects to accept the return of Products, then Customer shall return to Prestige Technology any and all such Products remaining in Customer’s possession, custody or control. Prestige Technology shall not have any liability to Customer for any infringement or other violation of a third-party right that is based in any way upon
i. The use of the Product in combination with other components, equipment or software not furnished by Prestige Technology or any third-party software furnished by Prestige Technology;
ii. The use of the Product in practicing any process or method;
iii. Any Product that has been modified or altered;
iv. The manner in which the Product is used even if Prestige Technology has been advised of such use;
v. Prestige Technology’ compliance with Customer’s designs, specifications or instructions;
vi. the use of the Product after Customer has received notice of such infringement or other violation, and Prestige Technology has offered a replacement, modification or refund therefor, or
vii. Compliance with an industry standard or communication protocol.
10.3 The above indemnity states Customer’s sole and exclusive remedy for infringement and is in lieu of all express, implied and statutory warranties with respect to infringement.
11. Limitation of Liability
11.1 In any action under or relating to this Agreement, whether based in warranty, indemnity, liabilities, remedies or any other legal theory, Prestige Technology shall not be liable for any indirect, special, incidental, punitive or consequential damages, including loss of profits, loss of revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers even if Prestige Technology has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy in this Agreement.
11.2 In no event shall Prestige Technology’s liability arising out of or in connection with this Agreement exceed the total amount paid to Prestige Technology for the specific Products at issue. To the extent Prestige Technology cannot lawfully disclaim any implied or statutory warranties, Customer’s statutory warranty rights are not affected by this limitation of liability.
12. Force Majeure
12.1 Prestige Technology shall not be liable for any loss or damage resulting from any delay in delivery or failure to give notice of delay, if any such failure or delay is due to or arising out of any legal theory of force majeure, an act of nature, act or omission of Customer, act of a governmental authority, including laws, regulations, orders or decrees, operational disruptions, man-made or natural disaster, epidemic, pandemic, shortage of labour, energy, fuel, materials or Products, strike, labour action, criminal act, war, terrorism, civil unrest, delay in delivery or transportation, inability to obtain labour, materials or Products through regular sources, communication or power failures, Act of God, or any cause beyond its reasonable control.
13. Governing Law and Jurisdiction
13.1 The terms of this Agreement shall be interpreted, construed and governed in all respects in accordance with the Laws of the Governing Country where the Prestige Technology accepted Customer's Order.
14. Acceptance of Agreement
14.1 This document constitutes the entire and final agreement between Customer and Prestige Technology. Customer acknowledge that have read this Agreement and agree to all its terms. By using the site or its Products, Customer agreed to be bound by this Agreement.
Last Updated: 15 July 2021