Day Of Last Update: 03 Sep 2021
The legal agreement set out below is between you and IEleads.com represented at its operated company IEINTOUCH PTE. LTD.
All sales made by IM to the Purchaser are subject to these terms and conditions. Purchaser's unequivocal acceptance of these terms and conditions shall be deemed by (i) Purchaser signing or agreeing to these terms and conditions; or (ii) Purchaser providing a purchase order to IM; or (iii) Purchaser’s acceptance of any Product or Service from IM; whichever occurs first.
1.1. “Confidential Information” means confidential information and
documentation of IM or its Supplier relating to the Products, their marketing, use, maintenance and software, including technical specifications
1.2. "IM" means IEINTOUCH PTE. LTD. if Purchaser is transacting on the IEINTOUCH Cloud Marketplace, then reference to “IM” in these terms shall mean IEINTOUCH Asia Marketplace Pte Ltd. Reference to “IM” shall mean the relevant Ingram entity which Purchaser is trading with as stipulated in the quotation.
1.3. "Intellectual Property" means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.4. “Non-Conforming Product” shall mean a Product that does not conform to the Supplier’s Warranties.
1.5. "Purchaser" means the person, business or company that is the purchaser of the Products.
1.6. "Products" means any products (including software) or services, where applicable, supplied to Purchaser by IM and described in IM's invoice. Reference to “Products” herein shall, where applicable also include Services if so purchased by the Purchaser.
1.7. “Services” means any services supplied to Purchaser by IM or its Supplier and described in IM’s quotation and invoice, including but not limited to technical services, installation services, educational services (such as educational or training courses, and examination or certification services), or such other services provided by IM or a Supplier and includes supply of materials, software, tools and information related to such services (“Deliverables”).
1.8. “Supplier” means the manufacturer or publisher of the Products or Services, or the service provider, manufacturer or publisher providing the Products or Services, which for the avoidance of doubt shall not mean IM unless IM is the party providing the service.
1.9. “Supplier’s Warranties” means the warranties, if any, provided by the applicable Product’s Supplier relating to a particular Product.
1.10.“Territory” means Singapore.
2.1. All orders for Products placed by Purchaser:
- must be made in accordance with IM's order process as
notified to Purchaser from time to time; and
- are subject to acceptance by IM, and no order will be deemed to have been accepted by IM unless Products are supplied or a back-order or delivery delay is confirmed in writing by an authorised representative of IM to Purchaser.
2.2. IM may reject any order placed by Purchaser if there is an insufficient supply of Products which prevents IM from being able to fulfil such order.
- ALL PRODUCTS SOLD TO PURCHASER ARE STRICTLY.
FOR RESALE TO END USERS (WHO PURCHASE FOR INTERNAL USE) IN THE TERRITORY OR SUCH COUNTRY(S) AS AUTHORIZED IN WRITING BY IM OR THE SUPPLIER.
- For IM’s provision of educational services, Purchaser is required to submit a course registration form as prescribed by IM for each examination or certification or course which Purchaser intends to purchase, enrol or take part.
3. Price and Payment
3.1. The price of the Products will be IM's quoted price and are subject to change without prior notice.
3.2. Payment is required prior to delivery of the Products to Purchaser unless agreed otherwise in writing by an authorised officer of IM.
3.3. If Purchaser fails to make payment in accordance with this clause:
(a) all amounts owing by Purchaser to IM on any account will immediately become due and payable together with legal costs of enforcement.
(b) IM may, in its sole discretion suspend the provision of credit to Purchaser until all amounts owing are paid for in full; and
(c) IM may, in its sole discretion, vary or cancel any credit facility or credit privileges it makes available to Purchaser from time to time.
For the avoidance of doubt, IM retains the right from time to time, without notice, to change or revoke Purchaser’s credit limit on the basis of, including but not limited to, changes in IM’s credit policies or Purchaser’s financial condition and/or payment record.
3.4. Purchaser will be liable to pay interest on any overdue amount at the rate of 1.5% per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due, whichever is higher. Interest will accrue daily from the date payment became overdue until IM has received payment of the overdue amount, together with any interest accrued. Purchaser’s obligation to make timely payment is a material element of these Terms and if breached will cause damage to IM.
3.5. Purchaser must pay to IM any amount Purchaser owed to IM in full, despite any right of set-off that Purchaser may have. For the avoidance of doubt, Purchaser shall not deduct from that amount any tax in relation to purchase of the Products. Purchaser shall reimburse IM for any taxes IM pays on its behalf.
3.6. Unless stated otherwise in these Terms (or in writing by IM's authorised representative), all prices quoted for Products are exclusive of all taxes, handling, delivery, agents' charges and any other charge, duty or impost.
3.7. Purchaser must pay IM, on demand, any tax (other than income tax) payable under these Terms, any matter or thing done under these Terms or any payment, receipt or other transaction contemplated by these Terms, including any goods and services tax, customs duty, excise duty, stamp duty, other duty, governmental charge, fee, levy or impost, together with any fine, penalty or interest payable because of a default by Purchaser.
3.8. Purchaser shall furnish to IM all financial information reasonably requested by IM from time to time for the purpose of establishing or continuing Purchaser’s credit limit. Purchaser agrees that IM may disclose any such information to its advisors or insurers for the purposes of, including but not limited to, evaluation of credit to be extended to Purchaser.
3.9. To the extent the Purchaser is a credit customer, the Purchaser agrees to immediately notify IM of any changes to any of the details contained in its credit application or as otherwise provided by Purchaser to IM, and any other material changes to Purchaser’s ownership, shareholding, structure and/or business, trading or financial activities.
3.10.In the event that Purchaser successfully applies for GST Registration, Purchaser must promptly provide written notice of its GST Registration Number and Effective Date of GST Registration to IM.
3.11.Any obligation of IM under these terms and conditions to deliver Deliverables on credit terms shall terminate without notice and without liability to IM if Purchaser files a voluntary petition under a bankruptcy statute or any other statute relating to insolvency or protection of the rights of creditors, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute or any other statute relating to insolvency or the protection of rights of creditors is filed against Purchaser, or if a receiver, manager, liquidator or trustee is appointed to take possession of the assets of Purchaser.
3.12.If Purchaser is offered special pricing for certain orders and such pricing is made available to IM from its Suppliers ("Special Bids"), the Purchaser shall adhere to the specific terms applicable to Special Bids (“Special Terms”) and other terms and conditions of such Special Bids. Purchaser agrees to indemnify IM for any breach of these terms or any claims made against IM by the Suppliers for Purchaser's non-compliance with the Supplier's terms and conditions. Purchaser agrees to pay any service fees charged for IM's pass-through of Special Bids and other Supplier driven benefits the Purchaser may receive, including any marketing funding, price protection and individual rebates, and agrees that pass-through and payment of such
4.1. Delivery to a local address will be via IM’s ground transportation and subject to freight and handling charges. Delivery to an international address will be subject to additional terms and charges.
4.2. Delivery times advised to Purchaser are estimates only and IM will not be liable for any loss, damage or delay suffered or incurred by Purchaser or its Purchasers arising from late or non- delivery of the Products.
4.3. IM may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.
4.4. Should Purchaser decide to collect the Products and fails to do so on the agreed date, Purchaser shall hold IM harmless and shall indemnify IM fully for any costs or damages IM may incur in relation to the uncollected Products, including any storage or disposal fees, where applicable.
5.1. To the extent that a Product supplied under these Terms is a software then, in addition to these Terms, that software Product will be supplied subject to the terms and conditions of the relevant license agreement applicable to it. Where applicable, Purchaser agrees to be bound by any such terms and conditions and/or restrictions and shall indemnify IM for any liability suffered by it arising from Purchaser’s breach of such terms, conditions and/or restrictions.
5.2. Software license agreements may be packaged with the software, or may be separately provided to Purchaser or may require on-screen acceptance by Purchaser. Use of the software Product shall be in accordance with the terms and conditions of the relevant license agreement.
5.3. Where the term "supply" is used in these Terms to refer to a software Product, such term means the sale and purchase of a licensed copy of that software Product or a right to access a hosted copy of that software Product (regardless of whether such software is supplied in hard copy or electronically, or where access is otherwise provided to a copy of the software).
6. Inspection and Acceptance
6.1. In the case of all Products ordered, Purchaser must:
(a) (For non-software Products) inspect such Products upon
delivery to Purchaser's premises.
(b) (For software Product) test or inspect such software
Products upon those software Products being authorised
by IM for downloading by Purchaser.
6.2. If Purchaser alleges any matter or thing by which the Products
do not accord with Purchaser's order, Purchaser must give written notice to IM within 3 working days of delivery or downloading (as the case may be).
6.3. Failing such notice and to the extent permitted by law, the Products will be deemed to have been accepted by Purchaser.
7. Title and Risk
7.1. Products supplied by IM to Purchaser will be at Purchaser's risk immediately upon:
(a) delivery of the Products to the Purchaser, Purchaser’s agent or nominee, or into the Purchaser's custody or control; or
(b) collection of the Products by the Purchaser’s nominated carrier or agent.
7.2. Purchaser must:
(a) effect and maintain with a reputable insurance company
insurance for the Products, at its cost, against all risks as it thinks appropriate, including loss or damage by fire, theft, accident and other such risks;
(b) note the interest of IM on the insurance policy; and
(c) produce a certificate of currency of the insurance effected by Purchaser under this clause to IM, upon request.
7.3. Risk in the Products will remain with Purchaser at all times unless IM retakes possession of the Products in accordance with the Terms.
7.4. Title in the Products supplied by IM to Purchaser will not pass to Purchaser and will remain the absolute property of IM until such time as IM has been paid by Purchaser all monies due and owing to it by the Purchaser in relation to any account. Notwithstanding payment, title to those Products which are Deliverables or software remains with IM and/or the applicable third party licensor(s) at all times.
7.5. Until the Products have been paid for and title to the Products has passed to Purchaser, Purchaser:
(a) must properly segregate and store the Products in such
manner as to clearly indicate that they are the property of IM and Purchaser grants IM the right to enter Purchaser’s premises to repossess the Products and to sell or dispose of those Products.
(b) Purchaser may sell the Products and shall keep records of the Products in the ordinary course of its business as fiduciary agent for IM and Purchaser agrees to deposit all proceeds of any such sale (including any proceeds received from any insurance claims) in a separate bank account and agrees not to mix the proceeds with any other monies and hold the monies on trust for IM and shall immediately account for such proceeds to IM.
7.6. If Purchaser has breached these Terms, Purchaser authorizes IM, at any time, to enter onto any premises upon which IM's Products are stored to enable IM to:
(a) inspect the Products; and/or
(b) reclaim the Products and/or discontinue access to the Products.
7.7. If Purchaser sells, disposes of or otherwise deals with Products or any part thereof before full payment has been received by IM, Purchaser must advise IM in writing, at such times as IM may request, specifying full details of the Products sold, disposed of, utilised or otherwise dealt with.
7.8. Purchaser acknowledges that in the case of software Products, any refusal or failure to pay may result in cancellation of the license to use the software Product.
7.9. Purchaser agrees that the provisions of this clause apply despite any arrangement under which IM grants credit to Purchaser.
8. PRODUCT RETURNS
8.1. Return of Products will be subject to the returns process for the affected Product ("Returns Process") as notified by IM from time to time.
8.2. Purchaser must notify IM in writing of any Products it wishes to return within seven (7) days from the date of the invoice relating to those Products or such other time period stipulated in the Returns Process.
8.3. Each claim for the return of Products by Purchaser will be dealt with in accordance with the Returns Process.
8.4. Any substitute Products to be shipped to Purchaser in accordance with the Returns Process will be sent by IM to Purchaser by ordinary freight pre-paid.
8.5. IM will not be liable for any damage or defects in the Products: (a) that have been caused by the Purchaser’s improper storage, warehousing or transport, by any neglect, abuse
or improper use;
(b) installation, maintenance or unauthorised repair of the
(c) that is not covered by Supplier’s warranty;
(d) Products which have been added to, varied, or otherwise
modified by, any person other than IM or a third party
authorized by IM in writing;
(e) in connection with the claim Purchaser alleges that cartons
were damaged in transit but the Proof of Delivery (POD)
does not identify that cartons were damaged in transit;
(f) the claim for a return request is not notified to IM in writing
within the period stated in clause 8.2.
9. FORCE MAJEURE
9.1 If the performance of IM's obligations under these Terms is prevented, restricted or affected by acts of God, pandemic, strike, lock out, raw material shortage, breakdown of plant, electrical, network or telecommunication outage, government restrictions (including denial or cancellation of export or other licenses), delay caused by Supplier, transport or equipment or any other cause beyond the reasonable control of IM, IM will give notice of such cause to Purchaser and IM shall not be held in default of its obligations hereunder or held liable for any noncompliance. If such event continues for more than 60 days from the date of notice, either party may terminate any affected orders without penalty. This section does not excuse the Purchaser’s payment obligations for delivered Products.
10. PURCHASER’S CANCELLATION
10.1.Unless otherwise agreed in writing by an authorised officer of IM, Purchaser may not cancel an order which has been accepted by IM.
10.2.If Purchaser's right of cancellation is agreed to by an authorised officer of IM in writing, the right must be exercised by notice in writing from Purchaser to IM not later than 7 days before the estimated date of shipment by the Supplier or IM (as the case may be).
10.3.Unless otherwise agreed between Purchaser and IM, upon cancellation prior to shipment, any deposit paid by Purchaser will be forfeited to IM.
11. User Agreement
This website is operated by the Company, which is IEINTOUCH PTE. LTD. registered company Registration # 201502877R. You can contact us on the following:
Email: [email protected]IEleads.com
Tel: +65 9721 2580 Fax: +65 6222 7421 or By mail on Address:16 RAFFLES QUAY #33-03 HONG LEONG BUILDING SINGAPORE (048581).