1.1 In these Conditions: the Seller means Said Hasyim; the Buyer means the person or company who or which has ordered products from the Seller; products means any products agreed to be supplied by the Seller; and the Contract means any contract for the sale and purchase of products between the Seller and the Buyer being any written quotation of the Seller which is accepted by the Buyer or any written order of the Buyer which is accepted by the Seller;
1.2 These Conditions shall be incorporated into each Contract and shall govern each Contract to the exclusion of any conditions of the Buyer unless expressly accepted by the Seller in writing. These Conditions may not be varied or waived except with the express written agreement of the Seller.
2. Price and payment
2.1 Any price quoted or accepted is (unless otherwise stated) exclusive of sales tax, VAT (which will, where applicable, be charged at the current rate), and of any other duties and taxes which may be payable in respect of the products (including but not limited to import or export duties) which will be paid by the Buyer.
2.2 Quotations are valid for 30 days.Prices payable are those currently in effect. The Seller reserves the right to invoice at prices prevailing at the time of despatch. Extra charges will be made for all applicable taxes, carriage, and freight including insurance, packing, and special tests or inspections. In the event of a variation to an order placed by the Buyer, the price already stated shall be adjusted accordingly.
2.3 The right is reserved by the Seller to correct any clerical or typographical invoicing errors.
3.1 The Seller reserves the right to make any change in the specification of the products which does not materially affect the installation, performance, or the price thereof; any such change shall not invalidate any order placed with the Seller or impose any liability on the Seller.
3.2 Subject to Condition 3.1, if the Seller shall cease to manufacture any products ordered by the Buyer, it shall give notice of the fact in writing to the Buyer (but shall not be liable for any loss or damage occasioned thereby to the Buyer) whereupon the Buyer will have the option, to be exercised within ten (10) days of the date of such notice, either to take equivalent products (if available from the Seller) or to cancel its order without further liability upon the Seller or the Buyer. If the Buyer has not exercised such option within such period, the order shall be deemed to be continued with the equivalent products.
4.1 Delivery of the products will be through digital download.
4.2 While the Seller will use all reasonable endeavours to avoid any delay in delivery on the notified delivery dates, failure to deliver by the specified date will not be a sufficient cause for cancellation, nor will the Seller be liable for late delivery arising out of any cause whatsoever or for any consequential loss arising therefrom. Where delivery is to be made by instalments, delay in delivering one instalment shall not entitle the Buyer to refuse to accept the remaining instalments.
5. Force majeure
The Seller shall be excused from the performance of any of its obligations if and in so far as, and for so long as, such performance is delayed or prevented by circumstances beyond its reasonable control including but not limited to strikes, lock-outs, or labour disputes of any kind (whether relating to its own employees or others), fire, flood, explosion, natural catastrophe, military operations, blockade, sabotage, revolution, riot, civil commotion, war or civil war.
6. Risk and title
Without prejudice to Condition 4.2, the products supplied under a Contract shall be at the Buyer's risk from the moment of despatch by the Seller, but a fully legal and equitable title and interest in all and any of such products shall remain in the Seller and shall not pass to the Buyer until the Seller shall have received payment in full of all amounts due and owing from the Buyer to the Seller for the time being (including any interest accruing and owing to the Seller) [in respect of such products]. Until such receipt, the Buyer shall be and be deemed to be a bailee of the products on behalf of the Seller.
7.1 The only warranty which the Seller makes in connection with the products is its published warranty and the rights and remedies of the Buyer are solely as set out in that warranty.
7.2 The Seller shall not be liable for a breach of any of the warranties in Condition 7.1 unless the Buyer gives written notice of the defect to the Seller, within 60 days of the time when the Buyer discovers the defect; and
7.3 The Seller shall not be liable for a breach of any of the warranties in Condition 7.1 if the Buyer makes any further use of such Goods after giving such notice; or
7.4 All other warranties, representations, or conditions (statutory or otherwise) as to the quality, condition, description, or fitness for purpose are hereby expressly excluded.
8. Limit of liability
8.1 The Seller's total liability to the Buyer under the warranty contained in Condition 7 shall be to replace the products shown to be defective or otherwise the subject of a claim or, at the Seller's option, to reimburse the price received by the Seller for the products.
8.2 The Seller shall not be liable to the Buyer for any loss, expense, or damage of any kind (including damages for loss of profit or loss of use) and whether arising from negligence or otherwise resulting from the supply, purported supply, failure to supply or from the Buyer's use, possession or resale of the products, save in respect of death or personal injury caused by the Seller's negligence.
8.3 Any claims by the Buyer under the warranty contained in Condition 7 must be made in writing immediately upon discovery and, in any event, within 2 months from delivery of the products.
8.4 The Buyer acknowledges that the price of the products reflects the limitations contained in this Condition 8.
9. Health and safety
The book contains advice and information relating to health care. It should be used to supplement rather than replace the advice of your doctor or another trained health professional. If you know or suspect you have a health problem, it is recommended that you seek your physician’s advice before embarking on any medical program or treatment. All efforts have been made to assure the accuracy of the information contained in this book as of the date of publication. The Buyer shall indemnify the Seller in respect of all liability arising in connection with any medical outcomes that may occur as a result of applying the methods suggested in this book.
10. Survival of terms
10.1 The expiration or termination of the Contract, howsoever arising, shall be without prejudice to any provisions of the Contract (including these Conditions) which are to have effect after the date of such expiration or termination.
10.2 Any terms appearing on the Buyer's orders, or any other documents issued by the Buyer, shall be wholly inapplicable to the sale of Products, and the terms of this Terms and Conditions shall prevail.
11. No rights for Third Parties
A person who is not a party to the Contract shall have no right under these Terms and Conditions or other Contracts.
12. Governing law and Arbitration
This document is governed by and are to be construed in accordance with English Law.
All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the Singapore International Arbitration Centre by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be Singapore and proceedings shall be conducted in English.