All orders are subject to acceptance by ‘Certac Pte Ltd’ (“Company”) and are delivered under the ‘General Terms and Conditions’ as outlined in this document. Any ‘Special Terms and Conditions’ agreed separately should be in writing and signed for by an Authorised Signatory of the Company.
If any conflict arises between ‘Special Terms and Conditions’ and General Terms and Conditions, ‘Special Terms and Conditions’ shall prevail.
Any purchasing terms or conditions of the Buyer introduced into the documentation before or after the date of acceptance of a purchase order shall not apply, unless expressly accepted in writing by the Company.
Prices are in the currency indicated in the proposal or quote. Where no currency was indicated, the currency is in US-Dollars. For audit and consulting services the full delivery is considered to have taken place upon delivery of the first report unless otherwise specified in the proposal or quote.
Prices in proposals/quotes are indicated without any duties, taxes and other charges, unless specified. Any applicable taxes will need to be added. Where WHT (Withholding Taxes) are applicable the Buyer will have to submit appropriate documentation to Company within 3 months after making payment to Company so that tax claims can be made. If the Buyer fails to submit the required documentation, then Company has the right to claim the shortfall in payment from the Buyer. Where the Buyer is already aware that it is not able to meet the WHT documentation obligation it shall advise the Company in advance so that the Company can change the pricing in the proposal to include the amount such that the original price will be received net after deductions.
The Company payment terms are indicated in the proposal/quote. Where no payment terms are indicated, the payment terms will be full payment in advance.
The Company reserves all rights to levy charges on those services ordered and subsequently cancelled by the Buyer. ‘Special Terms and Conditions’ will govern cancellation of special orders and non-standard services. In any case whereby ‘Special Terms and Conditions’ are not specified, orders for special and non-standard services cannot be cancelled.
Buyer shall be responsible for any cost already incurred by the Company which are non-refundable such as non-refundable hotel, car rental and hotel bookings.
For services the delivery is considered to be fully completed upon delivery of the first report unless otherwise specified in the relevant proposal or quote. The Company reserves the right to provide the report with DRM (Digital Right Management) protection to limit the usage of the report including, but not limited to, number of views, ability to copy, ability to print, expiry date of document etc. The Company will provide an unrestricted copy once all legal and commercial matters have been fulfilled.
The delivery of the Services provided poses a certain risk. Although the Auditors(s) will do their utmost to prevent any damage, direct and indirect, the nature of the services does carry risk. The Auditor and the Company cannot be held responsible for any damage, direct or indirect. In no event will either party be liable for any indirect, punitive, special, incidental or consequential loss or damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data, or other economic advantage), howsoever it arises, whether for breach of this Agreement, including breach of warranty, or in tort, in contract or in law, even if that party has been previously advised of the possibility of such loss or damage. Further, liability for such loss or damage shall be excluded, even if the exclusive remedies provided for in this Agreement fail of their essential purpose.
Furthermore, it should be understood that auditing is based on the various standards as they are current at the time of the audit. This will never guarantee conformity to future revisions of the standards involved. It should also be understood that auditing is based on sampling hence no warranties can and will be given that all aspects are correctly assessed hence non-conformities might still exist after an audit which might be discovered at a later date.
Contracts between the Company and the Buyer and these Terms and Conditions are subject to and governed by the laws of the Republic of Singapore. Disputes arising that cannot be otherwise settled, will be settled according to the principles of English Law within the applicable courts in Singapore.