Any delivery of goods and services by CALTRODE™ as the seller to the customer (“Customer ”) shall be subject to the Terms and Conditions set forth herein to the extent no other agreements have been explicitly made.
The Customer’s general terms and conditions that are inconsistent with the Terms and Conditions set forth herein shall only be applicable to the extent CALTRODE has explicit approved in writing.
Disposal of chemical containing device: Caltrode electrodes contain chemicals. The disposal of Caltrode electrodes should be made according to local regulations on disposal of chemical containing materials and applicable in the country where the electrode will be disposed of. Caltrode Pte. Ltd. shall not be liable in any way for any inappropriate disposal of electrodes sold to the Customers and the Customer is solely liable and responsible to comply with the applicable regulations in the country where he will use the Caltrode electrodes.
Handling with care of Caltrode electrodes: Caltrode electrodes are chemical containing and fragile scientific instruments. The Caltrode electrodes are made of breakable materials which may cause cuts if broken. They should be handled delicately and with the appropriate and expected care for such instruments. Caltrode electrodes must be not be dropped, hit or thrown against any solid materials.
Embargo countries: Any sale or resale of goods to embargoed countries or to denied persons or persons that use or may use the goods for military purposes, ABC weapons or nuclear technology is subject to an official license. Customer declares with his order the conformity with such statutes and regulations and that the goods will not be directly or indirectly delivered into countries that prohibit or restrict the import of such goods. Customer declares to have obtained all licenses required for export and import. Sales or resale of Caltrode electrodes to customers based or for use in Cuba, North Korea, Sudan, Iran, Syria, Venezuela and Yemen are currently prohibited.
Resale to third parties: The resale of the Caltrode electrodes and services to third party by the Customer is strictly prohibited unless he is an appointed Distributor of CALTRODE or it is expressly agreed in writing with CALTRODE.
Information and consultancy in relation to CALTRODE’ goods and services is provided as deemed appropriate from existing experience. Any values quoted as part thereof, especially performance data, represent average values which have been determined through experiments under standard laboratory conditions. CALTRODE cannot assume any commitment for its products to precisely meet the quoted values and areas of application.
All instructions and certifications shall be available on the CALTRODE PTE. LTD. website: www.caltrode.solutions
Limited Liability Section of these Terms and Conditions governs any issues relating to claims or liability.
The prices quoted in the order confirmation of CALTRODE shall solely apply. Additional services will be invoiced separately.
All prices are quoted as net prices and do not include value added tax or similarly applicable sales taxes, which is to be paid additionally by the Customer in the amount specified by applicable law.
Unless otherwise expressly agreed, the prices are quoted ex works of the CALTRODE Group company using these Terms and Conditions. The Customer shall bear all additional freight costs, packing costs in excess of standard packing, public fees (including withholding taxes) and duties such as but not limited to import duties and local import taxes.
Unless otherwise expressly agreed, the goods shall only be delivered once CALTRODE’ invoice has been fully paid.
Delivery periods shall only be binding if expressly agreed in writing. Delivery periods shall begin on the date of the order confirmation by CALTRODE, however, in no case prior to settlement of all details relating to an order including the furnishing of any required official certificates. Delivery periods shall be deemed to be met on timely notification of readiness to ship if the goods cannot be dispatched in time through no fault of CALTRODE.
With respect to delivery periods and dates, which are not expressly defined as fixed in the order confirmation, the Customer may - two weeks after expiry of such a delivery period or date - set an adequate grace period for delivery. CALTRODE may only be deemed to be in default after expiry of such a grace period.
Without prejudicing CALTRODE’ rights from Customer’s default, delivery periods and dates shall be deemed to be extended by the period of time during which the Customer fails to comply with his obligations towards CALTRODE. In case CALTRODE does not comply with its obligations CALTRODE shall only be liable for all types of damages in accordance with section 12 of these Terms and Conditions.
CALTRODE reserves the right to carry out a delivery using its own delivery organization.
CALTRODE may perform partial deliveries and render partial services if such action would not unreasonably affect the Customer.
The Customer may rescind the contract after two unsuccessful grace periods unless the hindrance is merely temporary in nature and a delay would not unreasonably affect the Customer.
Any contractual or statutory right of a Customer to rescind the contract, which the Customer fails to exercise within a reasonable period of time set by CALTRODE, shall be forfeited.
SHIPMENT, PASSING RISK
Unless otherwise expressly agreed, shipment shall always be carried out at the Customer's risk. The risk shall pass to the Customer as soon as the goods have been handed over to the person executing the shipment.
If a shipment is delayed for reasons to be attributed to the Customer, the risk of accidental deterioration, loss and destruction shall pass to the Customer on notification of CALTRODE’ readiness to ship. Required storage costs after passing of risk shall be borne by the Customer. This shall not affect any other claims.
If the Customer defaults in accepting, CALTRODE shall be entitled to claim refund of any expenditure associated therewith and the risk of accidental deterioration, loss and destruction shall pass to the Customer.
Order payments are processed through PayPal website. Payment shall be considered to have been made on the day the payable sum is received by CALTRODE.
RETENTION OF TITLE
Delivered goods shall fully remain property of CALTRODE (goods sold subject to retention of title) until all receivables, on whatever legal grounds, have been fully paid up.
In case of processing, combining or mixing of goods subject to retention of title with goods of the Customer, CALTRODE shall be entitled to co-ownership of the new property inasmuch as the invoiced value of goods sold with retention of title relates to the value of the other involved goods. Where CALTRODE co-ownership becomes null and void due to processing, combining or mixing with other goods, the Customer immediately assigns to CALTRODE those of his rights of ownership in the new property or compound matter which correspond to the amount of the value of goods subject to retention of title by CALTRODE. Customer shall also be responsible for holding such rights in safe custody on the behalf of CALTRODE and at Customer’s own expense. Any rights to co-ownership created as a result of such processing, combining or mixing shall be subject to paragraph 1 of section 7 of these Terms and Conditions.
The goods claimed to be defective shall be returned to CALTRODE for examination in their original or equivalent packaging. CALTRODE shall remedy defects if the warranty claim is valid and within the warranty period. It is at CALTRODE’ discretion whether CALTRODE remedies the defect by repair or replacement. CALTRODE shall only bear the costs necessary to remedy the defect.
CALTRODE shall be entitled to refuse to remedy defects in accordance with CALTRODE’ statutory rights. CALTRODE may refuse to remedy defects if the Customer has not complied with CALTRODE’ request to return the goods claimed to be defective.
CALTRODE shall refuse to remedy the goods if CALTRODE concludes that the goods have not be used with due care or have been mishandled or handled not in compliance with the User Guide and Installation Instruction as provided on the CALTRODE website www.caltrode.solutions .
Any rights of the Customer to receive damages or compensation shall be governed by the provisions in section 12 of these Terms and Conditions.
Specifications of CALTRODE’ goods, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the goods.
Unless limits for variations have expressly been agreed in the order confirmation, such variations shall be admissible that are customary within the trade.
CALTRODE shall not accept any liability for defects in the goods supplied if they are caused by normal wear and tear.
Any warranty shall be void if operating or maintenance instructions are not observed, if changes are made to deliveries or services unless the Customer can show that the defect in question resulted from another cause.
The Customer shall be obliged to notify defects to CALTRODE in writing or via fax.
The limitation period for claims for defect shall be 6 weeks from receipt of the electrode.
n case of a breach of contractual obligations, defective deliveries or tortuous acts, CALTRODE shall only be obliged to compensate damages or expenses – subject to any other contractual or statutory conditions for liability – if CALTRODE has acted intentionally or with gross negligence or in cases of minor negligence, if such negligence results in the breach of an essential contractual duty (a duty the breach of which puts the fulfilment of the purpose of the contract at risk). However, in case of minor negligence, CALTRODE’ liability shall be limited to typical damages which are foreseeable at the time of the conclusion of the contract.
The liability of CALTRODE for losses caused by late delivery due to minor negligence shall be limited to 5% of the agreed purchase price.
The exclusions and limitations of liability in sections 10 shall not apply in cases of a quality warranty, in cases where CALTRODE has maliciously failed to disclose a defect, in case of damages resulting from death, injury to health or physical injury or where the laws on product liability impose overriding liabilities which cannot be excluded.
The limitation period for claims against CALTRODE – based on whatever legal ground – shall be 6 weeks from the date of delivery to the Customer and in case of tortious claims, 6 weeks from the date the Customer becomes aware or could have become aware of the grounds giving rise to a claim and the liable person, had the Customer not been grossly negligent. The provisions in this clause shall neither apply in cases of intentional or gross negligent breaches of duty nor shall they apply in cases referred to in section 10 of these Terms and Conditions.
Claims against Caltrode Pte. Ltd.: Any claims held against CALTRODE may not be assigned to third parties and shall be dealt with according to Section 12 of these Terms & Conditions, unless the parties can find a negotiated agreement that would clear the Claims.
INDUSTRIAL PROPERTY RIGHTS, COPYRIGHTS & PATENT INFRINGEMENT
CALTRODE™ is a registered trademark of MetOxs Pte. Ltd.
The goods are fully protected by appropriate patents including trademarks. The Customer has no right whatsoever to attempt to break, dismantle or replicate the goods in whatever manner and at any time with or without the intention to reverse engineer the goods.
Any attempt by the Customer to use directly or indirectly CALTRODE™ as his own trademark, unless expressly agreed by CALTRODE, or reverse engineer, or to replicate the goods sold by CALTRODE is a patent infringement of CALTRODE Intellectual Property. Damages up to 10 times the total contract value (all customer orders cumulated from initial order) or USD10,000,000 (ten million US Dollars) whichever is the higher will become immediately payable by the Customer.
Caltrode Pte. Ltd. ("Company") is committed to protecting the privacy of our customer's personal information. This statement applies with respect to the information that we collect from the Company Web site, located at caltrode.com and caltrode.solutions. Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of this site following the posting of any amendment, modification or change shall constitute your acceptance thereof.
We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by, for example, filling out a survey, registration or shipping form . The types of information that may be requested include your name, address, e-mail address, and telephone number.
use of information & confidentiality
In general, we will only use the information you provide to us for the purpose for which such information was provided. Your information may also be used to contact you when necessary.
Unless otherwise expressly stipulated in writing, no information provided to CALTRODE in connection with orders shall be regarded as confidential, unless their confidential nature is obvious.
CALTRODE points out that personal data in relation to the contractual relationship may be stored by CALTRODE and may be transferred to companies associated with CALTRODE within the CALTRODE Group.
Our site has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, we will take all reasonable steps to insure the safety of your personal information.
You may opt-out of receiving communications from us, by the following means: E-mail the information to firstname.lastname@example.org.
The place of jurisdiction shall be Singapore. Any dispute shall be subject to the court of Singapore.
Governing law shall be the law of Singapore with the exclusion of the international conflict of laws provisions thereof.
Should any of the clauses of these Terms and Conditions be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.