Terms of service
1. DEFINITIONS AND INTERPRETATION
1.1 Unless the context otherwise requires, the following terms shall have the meanings set out below:
"Customer" means the person, company, or entity purchasing spare parts from D' Auto Parts Pte Ltd (“DAP”).
"Goods" means the automotive spare parts and/or accessories sold or supplied by DAP to the Customer.
"Invoice" means the document issued by DAP confirming the price and details of the Goods sold.
1.2 In these Conditions:
a) Clause headings are for reference only and shall not affect the interpretation.
b) Words in the singular include the plural and vice versa.
c) Words importing any gender include all genders.
d) References to “person” include individuals, partnerships, companies, or other entities.
2. ORDERS AND SALES
2.1 All sales are subject to availability of stock and DAP’s acceptance of the Customer’s order.
2.2 DAP may provide quotations for Goods which shall not constitute a binding offer unless accepted in writing by the Customer and confirmed by DAP.
2.3 All prices are exclusive of Goods and Services Tax (GST), delivery charges, and other applicable fees unless otherwise stated.
2.4 The Customer is responsible for ensuring that the Goods ordered are suitable for their intended use.
3. DELIVERY AND COLLECTION
3.1 Delivery of Goods will be made to the address specified by the Customer or collected by the Customer at DAP's premises, as agreed.
3.2 Risk in the Goods shall pass to the Customer upon delivery or collection, whichever occurs first.
3.3 Delivery dates are estimates only. DAP shall not be liable for any delay in delivery or non-delivery of the Goods.
4. WARRANTY, EXCLUSION AND LIMITATION OF LIABILITY
4.1 DAP SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY (INCLUDING CUSTOMER),WHETHER AS A RESULT OF BREACH OF CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), UNDER ANY WARRANTY, NOR SHALL DAP, ITS SUBCONTRACTORS AND RESPECTIVE INSURERS BE LIABLE FOR DAMAGE CAUSED BY REASONS SUCH AS LOSS OF USE OF THE VEHICLE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS BY REASON OF BUSINESS INTERRUPTION, LOSS OF EXPECTED EARNINGS, LOSS OF GOODWILL, NOR FOR COSTS OF INSPECTION OR STORAGE, NOR FOR DAMAGE TO BRAND IMAGE, CUSTOMER SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE SERVICES REQUESTED FROM DAP.
4.2 Goods specifically ordered, electrical items, and discounted/sale items are non-returnable unless proven to be defective.
4.3 Warranty (if any) on Goods shall be as provided by the original manufacturer. DAP does not provide any additional warranties unless stated in writing.
4.4 DAP shall not be liable for defects arising from misuse, improper installation, modification, or normal wear and tear.
5. LIMITATION OF LIABILITY
5.1 To the fullest extent permitted by law, DAP shall not be liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of business, profit, or goodwill.
5.2 DAP’s total liability for any claim arising from or in connection with the sale of Goods shall be limited to the amount paid by the Customer for the Goods in question.
5.3 All Goods are sold “as-is” without any warranty except as expressly stated in these Conditions or by the manufacturer.
6. PAYMENT TERMS
6.1 Full payment shall be made at the time of purchase or before delivery, unless credit terms are agreed in writing by DAP.
6.2 DAP reserves the right to charge interest on any overdue amounts at a rate determined by DAP from time to time, provided that such rate shall not exceed the maximum permitted by law.
7. RETENTION OF TITLE
7.1 Title to the Goods shall remain with DAP until full payment has been received.
7.2 DAP reserves the right to reclaim the Goods in the event of non-payment and the Customer agrees to allow DAP or its agents to enter the premises to recover such Goods if necessary.
8. NOTICES AND SERVICE
8.1 All notices, instructions and other communication given by letter, telex, fax transmission or other electronic means (including internet email) shall be addressed to or left at, in the case of DAP, the business address of DAP at the relevant time and in the case of the Customer, the address as notified to DAP by the Customer.
8.2 All such notices, instructions or other communications given by DAP to the Customer as aforesaid shall be deemed to have been duly received by the Customer upon delivery if delivered by hand, or if by post three (3) business days after posting, or in the case of telex, facsimile, or other electronic means upon despatch
8.3 All notices instructions or other communications sent by the Customer to DAP shall not be effective until actual receipt thereof by DAP. In relation to notices given via electronic records (including Internet e-mail) to DAP, such notice shall not be effective unless sent to an electronic address or messaging system (including an Internet e-mail address) specified by DAP for such purpose, is received by the stipulated officer of DAP, and in a format readily decipherable by such officer of DAP.
9. GENERAL
9.1 No amendment or variation of these Conditions shall be binding unless made in writing and signed by both parties.
9.2 These Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore.
9.3 The parties agree to submit to the exclusive jurisdiction of the courts of Singapore.
9.4 A person who is not a party to these Conditions shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any term hereof.