Terms and conditions
ALL PRODUCT SALES MADE BY TFiPower PTE LTD (“TFi”) OR ANY AUTHORIZED DISTRIBUTOR OR RESELLER (EITHER TFi OR SUCH RESELLER, THE “SELLER”) TO THE PURCHASER (“BUYER”), ARE MADE ON THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”):
1. AGREEMENT.
These Terms and Conditions constitute the entire exclusive agreement between Seller and Buyer regarding the purchase and sale of Seller’s devices and/or systems (“Products”). Any pre-printed terms proposed by Buyer which add to, vary from or conflict with these Terms and Conditions are hereby objected to and shall be void. Any conduct by Buyer indicating acceptance of these Terms and Conditions, and any acceptance by Buyer of any Products, shall constitute Buyer’s acceptance of these Terms and Conditions.
2. ORDERS.
All offers to purchase Products (“Orders”) are subject to acceptance by TFi. TFi reserves the right to allocate the sale of Products among its customers. Orders for special, custom, or value-added Products, and Products specifically identified by TFI as non-standard, are non-cancelable and non-refundable.
3. SALE CONVEYS NO LICENSE.
The Products are offered for sale and are sold by Seller subject to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent, copyright or other intellectual property right of Seller or with respect to which Seller can grant licenses. Seller expressly reserves all its rights under such patents, copyrights or other intellectual property rights.
4. INTELLECTUAL PROPERTY INFRINGEMENT.
Seller shall have no obligation or liability to Buyer for any claim of infringement of any patent, copyright, mask work, trademark, or design or for any claim that Seller has misappropriated or unlawfully disclosed or copied or used any data or trade secrets. With regard to Seller’s Products furnished to Buyer under this Agreement, Buyer shall indemnify Seller and hold Seller harmless for and Buyer shall be responsible for and pay any and all awards or damages assessed against Seller and any expenses incurred by Seller to defend against any claim arising out of (a) modifications or improper use made by any person or entity other than Seller, (b) conformance by Seller with specifications, designs or instructions provided by Buyer, or (c) the combination or incorporation of any Product, or of the elements of any Product, with any other circuitry, subassembly, products, equipment or materials not supplied by Seller. THE FOREGOING STATES SELLER’S ENTIRE LIABILITY AND OBLIGATION (EXPRESS, STATUTORY, IMPLIED OR OTHERWISE), AND BUYER’S LIABILITY AND OBLIGATION, WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT OR CLAIMS THEREFOR RELATING TO THE PRODUCTS.
5. PROPRIETARY INFORMATION.
Seller may provide proprietary information to Buyer in connection with the Products. Such information shall remain the exclusive property of Seller, and Buyer shall protect such information using the same measures that Buyer uses to protect its own information of a similar nature, but not less than with a reasonable standard of care. Upon Seller’s request, Buyer will return to Seller all documents containing Seller’s proprietary information and retain no copies thereof. Buyer agrees that its obligation to protect Seller’s proprietary information shall be ongoing and shall survive termination of these Terms and Conditions.
6. USE OF PRODUCTS.
Buyer shall indemnify Seller against all claims, losses, damage, or injury arising out of or related to the use of the Products, whether sold separately or incorporated into any of Buyer’s products or services.
7. MODIFICATION.
Seller may modify the specifications of Products and substitute Products manufactured to such modified specifications at any time without prior notice to Buyer, provided such Products substantially conform to the form, fit and function of the original product.
8. REVERSE ENGINEERING RESTRICTION.
Buyer shall not reverse engineer, copy, disassemble, tamper with, or otherwise attempt to reconstruct any physical embodiments, prototypes, samples, methods, software or products provided hereunder to the Buyer. In the event any such actions nevertheless occur, all data and results and/or any inventions, discoveries, or works arising there from shall be solely owned by the Seller and the Buyer shall, at its expense, assign any such inventions or discoveries to the Seller.
9. PRODUCT REMARKING.
Buyer shall not remark or modify the Product markings including, but not limited to, the product logo, part number, patent marking or other printed or attached labeling in any way. Buyer acknowledges and agrees that the warranty is void as to any Products on which Buyer has altered, removed, or remarked any portion of, the Product part number, date code, logo, or factory code.
10. LIMITATION OF LIABILITY.
SELLER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND/OR SALE OF PRODUCTS, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT RECEIVED BY SELLER FROM BUYER FOR THE PRODUCTS WHICH GIVE RISE TO SUCH LIABILITY OR CLAIMS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER, OR FOR ANY LOST PROFITS, LOSS OF DATA OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY ON WHICH SUCH CLAIM IS BASED. THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION 10 ALSO APPLY TO ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF SELLER ARISING OUT OF THIS CONTRACT AND/OR SALE OF PRODUCTS. THE LIABILITY LIMITATIONS HEREIN SHALL CONTINUE TO APPLY EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SELLER DISCLAIMS ALL LIABILITY OF ANY KIND ON BEHALF OF SELLER’S LICENSORS AND SUPPLIERS. NOTHING IN THESE TERMS AND CONDITIONS SHALL IN ANY WAY LIMIT ANY APPLICABLE CONSUMER RIGHTS UNDER LOCAL LAW.
Warranty
1. Warranty Period
1.1 Subject to Customer having fully paid the price for Hardware to TransferFi on the due date for payment, TransferFi warrants for a period of twelve (12) months after the date TransferFi initially ships IoT sensors and gateway sold by TransferFi (“Hardware”) to purchasers or end users of the same (“Customer”) (“the Warranty Period”), that insofar as known to TransferFi the Hardware is free from defects in materials and workmanship when Hardware is used according to any product instructions or otherwise normally.
1.2 Subject to Clause 3 below, this Warranty is granted to Customer exclusively and in place of all other warranties or conditions, express or implied, including but not limited to, implied warranties or conditions of merchantability, non-infringement, and fitness for a particular purpose given to Customer or any other person.
1.3 Unless expressly agreed otherwise in writing, any technical or other support provided by TransferFi relating to Hardware (such as telephone or website support) is provided under the terms and conditions of such other agreement and without any warranty by TransferFi.
2. Warranty Service
2.1 If Customer provides TransferFi with satisfactory proof of its purchase of Hardware and sufficiently identifies Hardware (including its serial number or service tag number) and provides TransferFi with the correct location of Hardware and a detailed description of the suspected defect or failure related to Hardware, Hardware will be repaired or replaced at TransferFi discretion with a new or refurbished part at least equivalent in functionality. TransferFi will use commercially reasonable efforts to deliver the repaired or replacement part to Customer at premises (as notified by Customer) in the country of purchase of Hardware after such repair or replacement. The actual delivery times may vary depending on the place of delivery of Hardware and the actions or omissions of the relevant authorities. Except as expressly provided otherwise provided, the foregoing is Customer’s sole and exclusive remedy and TransferFi sole and exclusive obligation, for defects or failures related to Hardware.
2.2 Notwithstanding Clause 2.1 and if requested by TransferFi, Customer shall take actions specified by TransferFi to determine the defect or failure (if any) related to Hardware.
2.3 Returned Hardware shall become the property of TransferFi when it has been found by TransferFi to be defective. Replacement Hardware provided by TransferFi to Customer shall be Customer’s property with this Warranty for the unexpired remainder of the Warranty Period.
2.4 This Warranty is valid only in the country where Customer installed Hardware at the time of its purchase by Customer. Customer may not novate, assign, share or transfer its rights and obligations under this Warranty to a third party without the prior written consent of TransferFi. TransferFi may assign transfer, assign or subcontract its rights and obligations under this Warranty without requiring Customer’s consent.
3. Exclusion from warranty
3.1 TransferFi does not warrant Hardware against uninterrupted or error-free operation of Hardware. Nor does this Warranty apply to defects, damage or failure of Hardware which TransferFi considers to have been caused by misuse, accident, unauthorized modification, improper use or maintenance or repair, movement or transportation of Hardware, re-configuration by any person other than TransferFi of Hardware not in accordance with the specifications of TransferFi, or due to external factors including any failure or fluctuation of electrical power, inadequate cooling or any event outside TransferFi reasonable control such as earthquake, lightning, flood or fire and the action of Customer or a third party or a third party’s product.
3.2 This Warranty is void if any product or part identification label is removed from Hardware or if, without TransferFi’ prior written consent, Hardware has been altered or located in an unsuitable operating environment or has been used as part of or in combination with any devices, parts or other things that were not provided by TransferFi. This Warranty is void also if any addition is made to or if anything is installed on Hardware without TransferFi’ prior written consent or if Hardware is tampered with in any way.
4. Representations and warranties
4.1 Customer represents and warrants that Customer has, prior to its return of Hardware to TransferFi for the purposes of this Warranty, Customer has ensured that Hardware is free of any legal obligations or restrictions that may prevent TransferFi from repairing or replacing Hardware and all necessary consent of third parties have been obtained to allow TransferFi to repair, or replace Hardware.
4.2 Customer further represents and warrants that if TransferFi chooses or agrees to provide any services under this Warranty at premises owned or operated by Customer, Customer shall make Hardware available to TransferFi for such services during TransferFi Support Service Hours, and such premises shall be in safe condition and that TransferFi’ personnel will not be subject to undue risk or danger while on the premises.
5. Exclusion and Indemnity
5.1 Notwithstanding the other provisions of this Warranty, TransferFi shall not under any circumstances be liable to Customer or its officers, employees, agents or contractors or to any third party for any losses or damages arising from any loss of or damage to records or data or for any claims or proceedings by third parties relating to Hardware or for special, incidental, indirect, consequential or exemplary damages, loss of profits, lost opportunities or lost revenues, or the cost of replacement or substitute products, arising from the purchase, use or inability to use Hardware, whether in contract or tort (including negligence). In any case, TransferFi’ total aggregate liability for damages of any nature, regardless of the form of action, is limited to the purchase price paid by Customer for Hardware.
5.2 Customer shall indemnify and at all times hereafter keep indemnified TransferFi and its officers, employees, agents or contractors against all and any losses, damages, actions, proceedings, costs, claims, demands, liabilities which may be suffered or incurred by TransferFi or asserted against TransferFi by any person in connection with any personal injury or death or damage or loss to property (movable or immovable), or any matter or event whatsoever arising out of, in the course of, by reason of or in respect of any breach of this Agreement by Customer or any inaccurate or unauthorised representation or warranty made by Customer or any act or omission of Customer or its officers, employees, agents or contractors.
6. Contact Information
Support service hours
Monday – Friday 9am to 6pm (GMT+8)
Phone +65 96589896
Response time - Next working day
Resolution time - Replacement or loan unit will be shipped within 5 working says upon receipt or written notice of failure. Standard DHL Express, Incoterm DAP