PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
SHOULD YOU NOT AGREE WITH THESE TERMS AND CONDITIONS OF SALE, PLEASE DO NOT PROCEED WITH YOUR PURCHASE.
These Terms and Conditions of Sale contain the terms and conditions
governing your purchase from us of recreational fishing and/or marine
related products and/or any other products that we may offer to you
from time to time from and/or via this website (“Website”). You
acknowledge that you have read and are fully aware of the contents of
these Terms and Conditions of Sale, and that, by placing any purchase
order for the Products, you accept and agree to be bound by them.
1. Definitions:
- "Confirmed Contract" means the contract made on these Terms,
arising out of the offer to purchase Products by Customer as embodied
in the Order Process, and the acceptance of such offer by Eastackle.
- "Customer" means a person who makes an offer to purchase the Products using the Order Process via the Website.
- "Eastackle" or “us” means Eastackle Pte Ltd (Reg No: 201009814D) (Dun
& Bradstreet DUNS No: 65-917-2139), a privately owned limited
liability company incorporated under the laws of Singapore with its
principal place of business at 5, Holland Close, #26-39, Singapore
272005.
- "Expectation Date" means the date that is five (5) Working Days
from the date of formation of a Confirmed Contract, or such other later
estimated date for delivery of the Products as Eastackle may notify
Customer.
- “Location” means the place of delivery of the Products as set out
by the Customer in the Order Process and as accepted by Eastackle,
which may be subsequently modified by mutual agreement of the Parties.
- "Loss" includes loss, damage, costs, actions, claims, liabilities,
proceedings, demands, risks, charges and/or expenses of whatsoever
nature and howsoever arising, (inclusive of delays, loss of profits,
lost savings, loss of opportunities and inconveniences, special,
incidental, punitive, exemplary or consequential damages (whether in
tort, contract or otherwise)) whether direct, indirect, joint, several,
actual, contingent or otherwise (including legal fees on a full
indemnity basis) and includes without limitation claims made by third
parties, death, bodily injury, wrongful use of computers, unauthorised
or illegal access to computers, property damage or pecuniary losses
howsoever arising.
- "Marketing Materials" include advertisements, catalogues,
specification sheets and such other similar material whether made
available by Eastackle on the Website or elsewhere.
- “Order Process” means the online process available at the Website,
which Customer uses to submit his offer and to pay for his purchase of
the Products and where the Customer sets out the personal particulars
required by Eastackle.
- “Parties” means Eastackle and Customer, and “Party” means either one of them.
- “Payment Information” means website content found in the “Customer
Service” webpage on the Website under the heading of “How to Pay”.
- "Price" means the amount(s) payable by Customer for the Product(s)
as advertised on this Website, which shall include all shipment and
handling cost (which shall includes local taxes, custom duties etc, but
not limited thereto) related to the shipment of such Product(s).
- "Product(s)" means recreational fishing product(s) and/or marine
related products and/or any other products that Eastackle may offer
from time to time that are listed as shopping items on this Website and
forming the subject matter of this contract, as selected by Customer
and identified in the Order Process.
- "Tax" includes the Goods and Service Tax and such other tax, levy, fee, tariff or other charges as may be levied in Singapore.
- “Terms” means these Terms and Conditions of Sale (including all
attachment(s) and usage guidelines that may be published from time to
time by Eastackle) and any amendments and supplements thereto as may be
made from time to time by Eastackle).
- "Working Days" means a day (other than Saturday, Sunday or a public holiday) on which banks are open for business in Singapore.
2. Sale and Purchase:
- In consideration of the mutual rights and obligations set out
herein, Eastackle agrees to sell and Customer agrees to purchase the
Products in accordance with these Terms.
- The obligations of the Parties to sell and purchase the Products are conditional upon the following:
- The Customer providing Eastackle with full and complete personal
details in the manner as requested for in the Order Process and in
particular receiving evidence in form and substance satisfactory to
Eastackle that Customer has attained the age of twenty-one (21) years;
- The Customer providing Eastackle with evidence in form and
substance satisfactory to Eastackle of the Location for delivery of the
Products to the Customer;
- Eastackle has sufficient supply of the Products to satisfy Customer's order;
- The Customer providing Eastackle by way of facsimile to (+65 67704717) or email (to (CustomerService@Eastackle.com),
a photocopy or scanned image of the front and back of the Customer’s
credit card that is used to facilitate payment of the Products and/or
any other supporting documentation (e.g. ID, passport, driver’s
licence, latest credit card statement etc) that may be requested by
Eastackle from time to time for anti-fraud verification purposes;
- Eastackle receiving confirmation from the Customer’s credit card
issuing bank (or any other service provider that may provide payment
gateway services to Eastackle) of the authenticity and validity of the
Customer’s credit card transaction;
- Eastackle receiving full payment from the Customer for the cost of
the Products and any other cost related to the purchase of the Products
in accordance with Clause 4 of this Terms; and
- Customer receiving email confirmation from Eastackle within five
(5) days from the date of payment that Eastackle has accepted
Customer’s offer to purchase the Products as embodied in the Order
Process.
- The Parties acknowledge and agree that only Eastackle may, in its
sole and absolute discretion, waive any or all of the foregoing
conditions set out in Clause 2(2).
- If any or all of the conditions set forth in Clause 2(2) are not
fulfilled, these Terms and any Confirmed Contract shall ipso facto
cease to have any force and effect whatsoever and Customer shall not
have any claim or demand against Eastackle for any Loss suffered.
- Eastackle reserves the right to reject and/or refuse acceptance of
any offer to purchase the Products submitted by Customer without reason
or notice, particularly in the event, but not limited thereto, that
Eastackle is of the sole opinion that a transaction may be
unauthorised, speculative, false or fraudulent. In addition, Eastackle
reserves the right to cancel any or all Confirmed Contracts at any time
after the acceptance by Eastackle of the relevant offer(s) by Customer.
In such an event, all payments made by Customer for the cancelled
Confirmed Contracts will then be refunded as soon as reasonably
practicable. For the avoidance of doubt, at no time is Customer
entitled or permitted to cancel or vary any Confirmed Contract without
the prior written consent of Eastackle.
- For the avoidance of doubt, all items and material available on the
Website are merely invitations to treat and do not constitute any offer
on the part of Eastackle.
3. Formation of Contract:
- All offers to purchase the Products placed by Customer shall be subject to acceptance by Eastackle.
- A Confirmed Contract shall arise only if and when Customer fulfils
all his obligations under this Agreement and Eastackle, in accordance
with Clause 2 above, sends to Customer a written notice of the
acceptance by Eastackle of an offer to purchase the Products made by
Customer using the Order Process via the Website, and not before. For
the avoidance of doubt, Eastackle may, in its sole and absolute
discretion, accept or reject any such offer by Customer.
- Eastackle will only accept offers to purchase the Products, where
the obligations of the Customer under these Terms have been
satisfactorily fulfilled.
- Eastackle reserves the right to accept offers to purchase the Products in whole or in part.
4. Price and Payment
- Customer shall pay Eastackle the Price and all other applicable
charges (if any) in the manner prescribed in Clause 4(2). The Price is
exclusive of any delivery charges and Tax (whether payable in or out of
Singapore by any Party as a result of the sale of Products arising out
of the Confirmed Contract, including without limitation the use of the
services of any other third party or payment facility) which may be due.
- Customer shall make payment in the following manner:
- All payments shall be made in Singapore Dollars;
- Such payments shall be made by credit card payment via the Order
Process, or such other mode of payment as Eastackle may prescribe on
the Website from time to time;
- Customer shall comply with the Payment Information as set out in
the Order Process, which may be modified or supplemented from time to
time by Eastackle in its sole and absolute discretion, and any other
guidelines for payment as may be published by Eastackle on the Website
from time to time. For the avoidance of doubt, in the event and to the
extent of any inconsistency between these Terms and the Payment
Information or such guidelines, these Terms shall prevail, unless the
Payment Information or such guidelines expressly provide otherwise; and
- The Price shall be due and payable by Customer, upon the formation of the Confirmed Contract as set out in Clause 3(2).
- The Parties agree that time of payment shall be of the essence. For
the avoidance of doubt, the Parties agree that if any part or all of
the Price or any other applicable charges (if any) has not been paid
free and clear by Customer and received in full by Eastackle, Eastackle
shall be entitled to reject the Customer’s order without being liable
to Customer for any Loss suffered, and all payments made by Customer in
relation to that particular order will then be refunded as soon as
reasonably practicable.
- Where any Tax whether payable in or out of Singapore is payable by
any Party as a result of the sale of Products arising out of a
Confirmed Contract (including without limitation the use of the
services of any third party or payment facility to make payment under
the Confirmed Contract), such Tax will be borne solely by Customer.
5. Delivery and Receipt:
- Delivery of the Products shall only commence when the Price and all
other applicable charges (if any) have been paid free and clear and
received in full by Eastackle.
- Eastackle shall endeavour to arrange to deliver the Products to the
Customer at the Location by the Expectation Date. Eastackle shall use
its sole and absolute discretion in selecting a reputable carrier and
appropriate means of shipment. Customer shall make all arrangements
necessary to take delivery of the Products whenever the Products are
tendered for delivery. For the avoidance of doubt, the Expectation Date
is only an estimate and shall not form part of the Confirmed Contract
or any collateral or other contract between Eastackle and Customer.
- Eastackle may deliver the Products by instalments in any sequence.
Where the Products are so delivered by instalments, each instalment
shall be deemed to be the subject of a separate Confirmed Contract and
no default or failure by Eastackle in respect of any one or more
instalments shall vitiate the Confirmed Contract(s) in respect of the
Products previously delivered or undelivered Products. In the event
that Eastackle gives notice to Customer that it is unable to deliver
any instalment of the Products, Customer shall be deemed to have
accepted those instalments already delivered but Eastackle shall
reimburse the Price of the undelivered Products which have been paid
for by Customer as soon as reasonably practicable.
- If Customer (including its agent or such other person duly appointed and authorised by Customer) fails to:
- take delivery of the Products (or any part thereof), for any reason
whatsoever, including where Eastackle retains or withholds the Products
under Clause 5(9) or where the designated recipient of the Products is
not Customer and the designated recipient does not complete or sign any
document under Clause 5(10); or
- provide adequate delivery instructions, documents, licenses,
consents or authorisations required to enable the Products to be
delivered,
without any prejudice to any other right or remedy available to
Eastackle, Eastackle shall be entitled to store the Products until
Customer is able to take delivery of the Products or such adequate
delivery instructions, documents, licenses, consents or authorisations
are given by Customer. In such an event, the risk in the Products shall
pass to Customer, delivery shall be deemed to have taken place, and
Customer shall pay to Eastackle all costs and expenses (including
storage and insurance charges) arising from his failure to take
delivery. - If Customer fails to take delivery of the Products within thirty
(30) days of the Expectation Date for any reason whatsoever, Eastackle
shall be entitled to dispose of the Products in any way and manner it
deems fit without being liable to Customer for any gains and/or
proceeds that Eastackle may receive or Loss suffered by Customer. In
such instance, Eastackle shall refund to Customer within a reasonable
time frame the balance of the payment for the Products less (i) all
cost and expenses (including storage and insurance charges) arising
from the Customer’s failure to take delivery, (ii) the shipment cost
(and any other cost, duties, taxes etc related to such shipment) and
(iii) a 20% restocking fee (where such percentage shall be calculated
against the total cost of the Products) for the return of the Products
to Eastackle.
- In no event shall Eastackle be liable for any Loss due to late delivery, short delivery or non-delivery of the Products.
- Notwithstanding that Eastackle may have delayed or failed to
deliver the Products (or any of them) promptly, Customer shall, subject
to anything to the contrary in these Terms, be bound to accept delivery
and to pay for the Products in full provided that delivery shall be
tendered any time within thirty (30) days of the Expectation Date.
- Time for delivery shall not be of the essence of any Confirmed
Contract unless previously agreed by the Parties in writing. The
Products may be delivered in advance of the Expectation Date upon
Eastackle giving reasonable prior notice to Customer.
- Before Customer takes delivery of the Products, Eastackle shall be
entitled to have sight and make copies of any documentation it deems
necessary to identify and verify that the person actually taking
delivery is Customer, Customer's agent or Customer's representative,
and to retain or withhold the Products if such person is not so
identified and verified. Without limiting the generality of the
foregoing, Eastackle shall be entitled to have sight and make copies of
Customer's (or where the person taking delivery of the Products is
Customer's agent or representative, both Customer's and the agent's or
representative's) National Registration Identity Card(s) (“NRIC”),
passport(s) or other similar photo-identification document(s) (and
where applicable, a duly-signed authorisation form in the prescribed
form in favour of the agent or representative) before permitting the
taking delivery of the Products, and to retain or withhold the Products
if Eastackle is not satisfied in its sole and absolute discretion that
the person taking delivery of the Products is Customer (or Customer's
duly authorised agent or representative, as the case may be) (including
where the number of the NRIC or passport provided does not match the
NRIC or passport number provided by Customer when ordering the
Products).
- Upon receipt of the Products, Eastackle shall be entitled to
require Customer (including his agent or such other person duly
appointed and authorised by him) to complete and sign:
- any Eastackle invoice or carrier's delivery advice sheet or such
other similar documentation, unless there is a dispute as to short
delivery; and
- where Eastackle delivers the Products to a person who is not
Customer, any document acknowledging the recipient’s identity and/or
rendering the recipient personally liable for the Products in the event
Eastackle does not receive full payment for the Products, whether from
Customer or otherwise.
6. Acceptance and Return Policy:
Acceptance and Deemed Acceptance: - Customer shall inspect the Products on delivery and shall within
five (5) calendar days of delivery notify Eastackle in writing by email
to CustomerService@Eastackle.com,
of any alleged defect, shortage in quantity, damage or failure to
comply with the description of the Products as set out on the Website.
If Customer shall fail to comply with these provisions, the Products
shall be conclusively presumed to be in accordance with the Confirmed
Contract and free from any defect (in material and workmanship), damage
or danger which would be apparent on a reasonable examination of the
Products and Customer shall be deemed to have accepted the Products.
After acceptance, Customer shall not be entitled to reject the Products
(or any of them) if they are not in accordance with the Confirmed
Contract.
- Where Customer accepts or is deemed to have accepted any Products
(e.g. through failure to notify Eastackle in accordance with Clause
6(1) above, use of the Products, damage of the Products on inspection
etc, but not limited thereto), Eastackle shall have no liability
whatsoever to Customer in respect of the delivery of those Products.
Non-Delivery and Short Delivery - Customer shall notify Eastackle in writing by email to CustomerService@Eastackle.com
of any non-delivery or short delivery within five (5) calendar days of
delivery. Notwithstanding the receipt by Eastackle of such notice, a
clear signature of Customer (including his agent or such other person
duly appointed and authorised by him) on Eastackle's invoice or
courier's delivery advice sheet or such other similar documentation
shall be deemed to signify receipt and acceptance of the quantity of
Products indicated on the said document.
Return Policy and Procedures: - Where Customer rejects any Products in accordance with Clause 6(1)
above and Eastackle receives written notification by email to CustomerService@Eastackle.com
of the reasons for such rejection within five (5) days of delivery,
Eastackle shall issue, by way of return email to Customer’s email
account (as registered with Eastackle), a return Product authorisation
(“RPA”) number to acknowledge Customer’s intention to reject and
return the Products to Eastackle under this return policy and
procedures (“Return Policy and Procedures”).
- Once Eastackle has issued Customer with a RPA number, Customer shall be required to complete the return form (“Return Form”)
located on the reverse side of the invoice for the Products that are
being rejected and returned to Eastackle. The Return Form must include
Customer’s full name and contact details (if different from invoice)
which shall include mailing address, email address, telephone number
(should Eastackle be required to contact the Customer), the RPA number
and Customer’s reasons for rejecting the Products.
- Once Customer has completed the Return Form, Customer shall enclose
the Return Form along with the rejected Products in the original box
(or an appropriately sized box that may be provided by Customer’s
courier) with its original protective packaging and prepared for
shipment. Customer shall display the RPA number on a conspicuous place
on the outside of the package for ease of reference.
- Customer shall ship the package on CIF terms to the following
address through a reputable courier (such as UPS) that offers a
traceable shipping method:
Address:
5, Holland Close
#26-39
Singapore 272005
Singapore
- For the avoidance of doubt, any loss or damage to the rejected
Products that may arise as a result of such return shipment shall be
borne by Customer. In such an event and notwithstanding Clause 6(12)
below, Eastackle reserves the right to deduct such amounts originally
paid by Customer to replace or repair such loss or damaged Products,
and such amounts deducted by Eastackle shall be final and conclusive.
Customer is strongly advised to purchase sufficient insurance through
its courier to cover such shipment.
- Further, Eastackle will not accept returned Products without an RPA
number and this Return Policy and Procedures shall not apply.
- Once Eastackle has received the returned Products, it shall confirm
such receipt by way of return email to Customer’s email address (as
registered with Eastackle) and shall in its sole and absolute
discretion:
- make good any shortage in the Products;
- repair or replace any Products (or any part thereof) that are not in accordance with the Confirmed Contract for any reason; or
- as soon as reasonably practicable refund all payments made by
Customer in respect of such rejected Products, and Customer shall have
no further rights whatsoever in respect of the supply to Customer of
such Products or the failure by Eastackle to supply Products which
conform to the Confirmed Contract. For the avoidance of doubt, where
only some or part of the Products delivered by Eastackle are rejected,
Eastackle shall refund only (i) the Price for such rejected Products,
and (ii) a pro-rated part of any other applicable charges, and the
pro-rating of such charges by Eastackle shall be final and conclusive.
- For the avoidance of doubt, Clause 6(10) shall only apply upon Eastackle’s receipt of the Products that:
- have not been accepted or deemed accepted by the Customer (in accordance with Clause 6);
- is returned unused and undamaged in its original condition and packaging; and
- is returned in accordance with the above procedures.
- Customer shall be responsible for shipping and for bearing all cost
related to such shipment of the rejected Products back to Eastackle at
the address as set out above in Clause 6(7) (and as set out in the
Website which may be amended from time to time), or such other address
which Eastackle may notify Customer in writing, unless the return is
due to Eastackle’s error in Customer’s order. For the avoidance of
doubt, such error shall be limited to instances where Eastackle
inadvertently sends Customer a different order from the Products that
Customer purchased though the Website’s Order Process.
- In addition, Eastackle reserves the right to charge Customer a 20%
restocking fee (where such percentage shall be calculated against the
total cost of the returned Products) for the return of the Products to
Eastackle after forty-five calendar (45) days from the date of issuance
of the RPA number.
7. Title, Risk of Loss or Damage:
- Save for Clauses 5(4) and 5(5), the Parties agree that property and
risk in the Products shall pass to Customer upon physical delivery of
the Products to the Customer at the Location. In addition, the Parties
agree that regardless of Clauses 5(4) and (5), Eastackle shall not
under any circumstances hold the Products on a fiduciary basis as
bailee for Customer.
8. Support:
- Subject to Clause 8(2), Customers may email (to CustomerService@Eastackle.com),
fax (+65 6774 0717) or call (+65 6777 0717) for support in relation to
the Products that they have purchased. Telephone support shall be
rendered during the hours of GMT +8hrs between 0900hrs to 1800hrs,
Mondays to Fridays. Eastackle shall provide such telephone support in
accordance with any terms and conditions prescribed by Eastackle,
including but not limited to those set out on the Website and herein.
- In no event shall Eastackle be liable for any Loss due to the provision of telephone support by Eastackle under Clause 8(1).
9. Limited Warranty:
- Subject to this Clause 9 (and save for the terms of any applicable
extended service plan as purchased by the Customer from the Website ("Extended Service Plan")),
the Products as offered on the Website are warranted by their
respective manufacturers, for the period of one (1) year from the date
of delivery (“Warranty Period”), to be free from defects in materials and workmanship (“Warranty”). Work done by the respective manufacturer or by Eastackle pursuant to the Warranty will be referred to as “servicing”.
-
The Warranty:
- shall only apply to Products that have been identified on the Website to be subject to and be covered by this Warranty;
- is non-transferable and applies only to the original Customer and
shall be void and invalid if the Product is not presented to Eastackle
with a certified true copy of the original invoice for the purchase of
the Product;
- is void and invalid if the respective manufacturer’s (or
Eastackle’s as the case may be) applied serial number or Warranty decal
for the Product has been defaced, altered or removed, or any attempt to
do so has been made;
- does not cover any damage (as assessed by the respective Product’s
manufacturer or Eastackle as the case may be) to be arising directly or
indirectly out of (i) any acts of God, accident, misuse, abuse,
negligence, commercial use or unauthorised modifications of the
Product, (ii) improper operation or use of the Product (which shall
include but not be limited to use of the Product outside of the
applicable manufacturer’s specifications), (iii) improper maintenance
of the Product, or (iv) any attempt to repair the Product by any party
other than Eastackle, the respective Product’s manufacturer or their
authorized agents;
- does not include the provision of any technical assistance for the use of the Product; and
- does not apply where the defect or malfunction in question directly
or indirectly results from the use of the Product in conjunction with
unauthorised parts, accessories or peripherals not provided or
recommended by the respective manufacturer or Eastackle for use with
the Product, or where the respective manufacturer or Eastackle
reasonably determines that there is no fault or defect with the Product
attributable to the respective manufacturer or Eastackle.
- Upon discovery of any defect in the Product attributable to defects in material or workmanship, Customer shall:
- Notify Eastackle in writing by email to CustomerService@Eastackle.com of such defect and the intention to exercise Customer’s rights under this Warranty, by providing:
- The invoice number and date for the purchase of the defective Product for reference purposes; and
- A detailed description of the events leading up to the occurrence
of the defect to assist the respective Product manufacturer in
determining the cause of defect. For the avoidance of doubt, failure to
do so may result in delays in rectification of the defective Product.
- Upon Eastackle’s acknowledgement of receipt of Customer’s
notification, arrange for shipment (through a reputable courier (such
as UPS) that offers a traceable shipping method) of the defective
Product on CIF terms to the following address (or such other
manufacturer’s address as may be provided from time to time) for
inspection by the respective manufacturer (and/or Eastackle as the case
may be):
Address:
5, Holland Close
#26-39
Singapore 272005
Singapore
- Provide Eastackle with the airway bill number/tracking number and
the expected date of delivery of the defective Product to the above
address.
- Upon receipt and inspection of the defective Product, the
respective manufacturer and/or Eastackle (as the case may be) shall, at
its sole and absolute discretion, either repair such Product or replace
it with an equivalent product or part (which may attract a fee for
labour or parts that the respective manufacturer (and/or Eastackle as
the case may be) will charge to Customer if specified on the Website),
provided that the respective manufacturer (and/or Eastackle as the case
may be) is satisfied that the defect is attributable to defects in
material and workmanship in the Product.
- For the avoidance of doubt, Customer shall only have to bear
shipment cost (and any other related cost to such shipment of such
inoperable Product, including local import taxes, duties, insurance
etc) to Eastackle at the above address.
- In addition, any loss or damage to the defective Product that may
arise as a result of such shipment shall be borne by Customer. Customer
is strongly advised to purchase sufficient insurance through its
courier to cover such shipment.
- In the event that any parts or components in the Product are
repaired or replaced, the respective manufacturer or Eastackle shall
have title to any parts or components removed from the Product. The
respective manufacturer or Eastackle may in its sole and absolute
discretion use used or reconditioned parts in servicing the Product,
provided that they are of equivalent performance to new parts. For the
avoidance of doubt, servicing a Product does not extend the Warranty
Period in any way.
- Upon the conclusion of servicing, Eastackle shall return the serviced Product to Customer.
- Except for the Warranty accompanying the Products (as identified on
the Website as being subject to this Warranty) and the provisions
contained in this Clause 9, the respective manufacturers and/or
Eastackle expressly disclaims all representations and warranties of any
kind, whether express or implied, including but not limited to the
implied warranties of merchantability, satisfactory quality, fitness
for a particular purpose, title and non-infringement as well as all
warranties arising by usage of trade, course of dealing or course of
performance, to the fullest extent permitted by applicable law.
- For more matters or any queries relating to this Warranty and/or support policy, Customer may contact Eastackle by email to CustomerService@eastackle.com.
9A. Extended Service Plan:
- This Extended Service Plan (“Plan”), shall only apply if the
Plan is purchased from Eastackle together with the corresponding
Product and that such Product has been identified on the Website to be
subject to and be covered by the Warranty.
- The Plan shall take effect from the date of purchase of the Product
and will continue to apply for the period of coverage from the date of
expiry of the Warranty Period.
- This Plan is transferable (free of charge) to a new owner of the
Product for the remaining period of coverage of the Plan and the terms
as set out herein shall apply to the new owner.
- Under this Plan, Eastackle shall service and repair the Product in the event that it is rendered inoperable due to:
- Defects in materials or workmanship; and
- Normal wear and tear.
-
In the event of Product inoperability, Customer shall:
- Notify Eastackle in writing by email to CustomerService@Eastackle.com and the intention to exercise Customer’s rights under this Plan, by providing:
- The invoice number and date of purchase of the Product for reference purposes; and
- A detailed description of the event(s) leading up to the
inoperability of the Product to assist Eastackle in determining the
cause of the defect. For the avoidance of doubt, failure to do so may
result in delays in rectification of the inoperable Product.
- Upon Eastackle’s acknowledgement of receipt of Customer’s
notification, arrange for shipment (through a reputable courier (such
as UPS) that offers a traceable shipping method) of the inoperable
Product on CIF terms to the following address (or such other
manufacturer’s address as may be provided from time to time) for
inspection by Eastackle (or the respective manufacturer as the case may
be):
Address:
5, Holland Close
#26-39
Singapore 272005
Singapore
- Enclose a copy of the original invoice along with the shipment as proof of purchase (and/or transfer); and
- Provide Eastackle with the airway bill number/tracking number and
the expected date of delivery of the inoperable Product to the above
address.
- Upon receipt of the Product, Eastackle will inspect the Product for
inoperability in accordance with the terms of and conditions of this
Plan. If the Product is determined to be inoperable through normal
usage, Eastackle shall provide labour and parts necessary for servicing
the inoperable Product to restore it to normal operating condition free
of charge to Customer. Customer shall only have to bear shipment cost
(and any other related cost to such shipment of such inoperable
Product, including local import taxes, duties, insurance etc) to
Eastackle at the above address. For the avoidance of doubt, if
Eastackle does not discover any defect with the Product, or if repairs
are denied based on the terms and conditions of this Plan, Customer
will be solely responsible for all costs incurred including the cost of
return shipment (and any other related cost to such shipment including
local import taxes, duties, insurance etc) of the Product to Customer.
- In the event that any parts or components in the inoperable Product
are repaired or replaced, Eastackle shall have title to any parts or
components removed from the inoperable Product and may in its sole and
absolute discretion use used or reconditioned parts in servicing the
Product, provided that they are of equivalent performance to new parts.
For the avoidance of doubt, servicing a Product does not extend the
Warranty Period in any way.
- In the event that replacement parts needed for repairing the
inoperable Product have been discontinued from production by the
manufacturer and reconditioned parts are no longer available during the
coverage period of the Plan, Eastackle shall be excused from
performance hereunder and the Customer shall receive a prorated refund
of the price paid by the Customer for the Plan. For the avoidance of
doubt, Customer agrees that Eastackle shall not be liable for any
damages as a result of unavailability of replacement Product parts.
- Upon the conclusion of servicing, Eastackle shall return the serviced Product to Customer.
- For the avoidance of doubt, this Plan does not cover:
- Any damage (as assessed by Eastackle or the respective Product’s
manufacturer as the case may be) to be arising directly or indirectly
out of (i) any acts of God, accident, misuse, abuse, negligence,
commercial use or unauthorised modifications of the Product, (ii)
improper operation or use of the Product (which shall include but not
be limited to use of the Product outside of the applicable
manufacturer’s specifications), (iii) improper maintenance of the
Product, or (iv) any attempt to repair the Product by any party other
than Eastackle, the respective Product’s manufacturer or their
authorized agents;
- Any repair covered by the manufacturer’s Warranty;
- Repairs to cosmetic parts or repairs required due to deterioration
of the appearance or finish of the product including, but not limited
to: rust, corrosion, discolouration, scratches and dents to the Product
or any non-operating part, including plastic or decorative parts.
- Recall, or rework requested by the manufacturer regardless of the manufacturer’s ability to pay for such repairs;
- Cleaning or regular maintenance;
- A Product with removed or altered serial numbers - for the
avoidance of doubt, this Plan is void and invalid if the respective
manufacturer’s (or Eastackle’s as the case may be) applied serial
number or Warranty decal for the Product has been defaced, altered or
removed, or any attempt to do so has been made;
- Any defect or malfunction in question directly or indirectly
results from the use of the Product in conjunction with unauthorised
parts, accessories or peripherals not provided or recommended by the
respective manufacturer or Eastackle for use with the Product; or
- Loss of use during the period the Product is at a repair facility or otherwise awaiting parts.
- Except for the provisions contained in this Clause 9A, Eastackle
(and/or the respective manufacturers as the case may be) expressly
disclaims all representations and warranties of any kind, whether
express or implied, including but not limited to the implied warranties
of merchantability, satisfactory quality, fitness for a particular
purpose, title and non-infringement as well as all warranties arising
by usage of trade, course of dealing or course of performance, to the
fullest extent permitted by applicable law.
- For more matters or any queries relating to this Plan, Customer may contact Eastackle by email to CustomerService@Eastackle.com.
10. Limitation of Liability:
- Except as expressly provided in these Terms, Eastackle accepts no
responsibility and will not be liable for any Loss of whatever nature
brought against, suffered, incurred by or caused to any party
(including but not limited to Customer) whosoever, directly or
indirectly due to, arising out of or in connection with:
- any Confirmed Contract;
- the performance of or failure to perform under any Confirmed Contract; or
- the furnishing, performance or use of any Products sold or provided under any Confirmed Contract,
whether due to a breach of these Terms, breach of any warranty,
negligence, or otherwise. Nothing in the foregoing shall be deemed,
interpreted or construed as limiting in any way Eastackle’s liability
for personal injury or death arising out of its negligence.
- Eastackle shall have the sole and absolute discretion to use
agents, contractors or correspondents to carry out or procure any of
the matters under or contemplated in these Terms or any Confirmed
Contract, and Eastackle shall not be liable to Customer for any act,
omission, neglect or default on the part of such agents, contractors
and/or correspondents.
11. Non-Commercial Use:
Products are not designed nor authorised for commercial use and any
such use by Customer shall void any warranties and undertaking as set
out under these Terms.
12. Product Changes:
Eastackle may update or discontinue any of the Products and/or
revise prices for the Products listed as available items on the Website
at any time. Customer agrees that differences (including differences
related to appearance, performance and functionality) in the Products
actually delivered and the Products described in the Marketing
Materials may occur. For the avoidance of doubt, all orders are
accepted on these Terms which shall supersede any other terms or
Marketing Materials appearing in the Website or elsewhere and shall
override any other terms referred to by Customer or in any course of
dealing.
13. Customer’s Representations and Warranties
- Customer represents and warrants to and for the benefit of Eastackle that:
- all particulars provided to Eastackle are accurate, complete and current;
- he is an individual acting in his personal capacity;
- he has attained the age of twenty-one (21) years and is the
legitimate cardholder of the credit card that is being used to purchase
the Products through this Website and its Order Process;
- he has the capacity and power to enter into, exercise his rights and perform and comply with his obligations under these Terms;
- his obligations under these Terms are valid, binding and enforceable;
- his purchase of the Products is for his own internal and personal use; and
- he shall not purchase the Products to resell the Products or any part/component thereof.
14. Export Restrictions:
Customer agrees to comply with all applicable export laws,
regulations and orders of Singapore and any other applicable territory.
15. Force Majeure:
Eastackle shall not be in breach of any Confirmed Contract if there
is any total or partial failure of performance by it of its duties and
obligations under that Confirmed Contract occasioned by any act of God,
fire, act of government or state, act of terrorism, war civil
commotion, insurrection, embargo, prevention from or hindrance in
obtaining any raw materials, energy or other supplies, labour disputes
of whatever nature and any other reason beyond its reasonable control.
16. Waiver/Invalidity:
- No failure to exercise and no delay in exercising on the part of
Eastackle any right, power or privilege under these Terms shall operate
as a waiver thereof nor shall any single or partial exercise of any
right, power or privilege preclude any other or further exercise
thereof or any other right, power or privilege. Any waiver shall be in
writing to be effective.
- If any one (1) or more of the provisions in these Terms shall be
invalid, illegal or unenforceable in any respect under any applicable
law, the validity, legality and enforceability of the remaining
provisions contained herein shall not in anyway be affected or impaired.
17. Headings:
The section headings used herein are for convenience or reference
only and do not form a part of these Terms or any Confirmed Contract,
and no construction or inference shall be derived therefrom.
18. Notices:
-
Except as herein provided for, all notices, agreements, requests,
instructions, permissions, approvals, demands and other communications
(“Communications”)
shall, unless otherwise expressly permitted under these Terms, be in
writing and may be served by registered post or facsimile transmission
at the Parties’ addresses or facsimile numbers set forth below or as
notified by Eastackle to the Customer, and shall be deemed to be
effectively served on such Party if served by registered post or
courier, on the date of receipt of Communications, or if served by
facsimile transmission on the date of transmission. The particulars of
the Parties for the purposes of these Terms are:
Eastackle
| Address: |
5, Holland Close #26-39 Singapore 272005 |
| Attention: |
Andrew Luke Tan |
| Facsimile No.: |
+65 67740717 |
Customer
Address, email address and facsimile numbers are as set out in the Order Process.
- Eastackle shall be entitled (but not obliged) in its sole and
absolute discretion to rely and act on all Communications of whatever
nature between Eastackle and any of Customer's agents by whatever title
called, and to assume that all such persons are duly authorised by
Customer to attend to all matters relating to the relevant Confirmed
Contract.
- Notwithstanding the foregoing, Eastackle shall be entitled at its
sole and absolute discretion to rely and act on any Communications
which are or purport to be from or given on behalf of Customer (whether
orally or in writing and whether genuine or with or without Customer's
consent or authority), and any action taken by Eastackle pursuant
thereto shall bind Customer and Eastackle shall not be liable to
Customer for any Loss incurred or suffered by it as a result of such
action.
- Customer shall inform Eastackle promptly of any change in any
information furnished by Customer to Eastackle necessary for the
performance of either Party's obligations under any Confirmed Contract.
19. Variation:
These Terms may be amended and/or varied by Eastackle at any time
from time to time and any such amendment and/or variation shall become
effective and binding on Customer upon notification thereof to Customer.
20. Entire Agreement:
These Terms and any other terms found in the Website embodies all
the terms and conditions agreed upon between the Parties as to the
subject matter of these Terms and supersedes and cancels in all
respects all previous agreements and undertakings, if any, between the
Parties with respect to the subject matter hereof, whether such be
written or oral.
If there is any conflict or inconsistency between these Terms and
the terms as found in the Website, the provisions as found in these
Terms will prevail over the terms found in the Website.
21. Governing Law:
These Terms, the Terms of Use, Online Privacy Policy and all
Confirmed Contracts shall be governed by and construed under the laws
of Singapore. The Parties hereby submit to the exclusive jurisdiction
of the courts of Singapore.
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