TERMS AND CONDITIONS FOR OUTRIGHT PURCHASE
1. Agreement Establishment
- a) This Outright Purchase Agreement (“Agreement”) shall commence on the date of the Product is ordered to the Customer (“Effective Date”). The Customer agrees that by executing this Agreement with Cuckoo International (S) Pte. Ltd. (“CUCKOO”), the Customer shall be bound by the Terms and Conditions for Outright Purchase of this Agreement (“Terms”).
- b) For the purpose of this Agreement, the information contained in all of the Schedules, Appendices and Annexes (if any) is to be taken, read, and construed as an essential part of the Agreement.
- c) CUCKOO reserves its right to accept or reject any Customer order.
- a) For CUCKOO’s water purifier Product, a minimum of $500.00 (non-returnable/non-refundable) deposit must be made upon confirmation on the purchase of the Product by Customer to CUCKOO either by cash, bank transfer, PayNow, credit card and any other payment channels approved by CUCKOO in the future, further details of which are as follows:
- Bank Transfer
Account Name : CUCKOO International (S) Pte. Ltd.
Bank Name : Oversea-Chinese Banking Corporation Limited
Account Number : 695-553354-001
Account Name : CUCKOO International (S) Pte. Ltd.
UEN No. : 201616841Z
- Bank Transfer
- b) For CUCKOO other Product (other than CUCKOO water purifier Product), Customer is required to make full payment to CUCKOO upon confirmation on the purchase of the Product through the payment channels as detailed under Clause 2(a) above.
- c) Balance of the purchase price of the Product must be made by the Customer through the payment channels (as detailed in Clause 2(a) above), either during or before the installation date of the Product at the Customer premise.
- d) The full particulars of the Product with the Product Price can be found in the overleaf of this Agreement.
3. Delivery and Installation
- a) Installation or Delivery of the Product will only take place after all the relevant payment with respect to the purchase of the Product by the Customer has been received by CUCKOO.
- b) Standard installation of the Product will be undertaken by CUCKOO at no additional charge to Customer (not inclusive of any additional parts or works). Please note that CUCKOO’s agents or representatives, i.e. Natural Doctor (“ND”), does not perform any electrical or plumbing works that are beyond the job scope required to install the Product.
- c) The transfer of the physical possession of the Product to the Customer shall be made by CUCKOO at CUCKOO’s sole costs and expenses.
- d) The risk of loss of the Product shall pass to the Customer upon such delivery.
- e) Any stated delivery dates are approximate until and unless fixed by both CUCKOO and Customer. CUCKOO shall not be liable for any losses, damages, penalties, or expenses for failures to meet any delivery or installation date.
- f) For the purpose of this clause, the Customer hereby consent and grant CUCKOO’s agents or representatives full and free access to the designated premises to install the Product.
- g) Customer is responsible to inform CUCKOO if any drilling is required for the installation of Product (i.e. water purifier) including the type of the countertop material (i.e. quartz, granite, marble, sintered surface, concrete etc.) or to engage their own contractor if it is during the renovation to assist with the necessary drilling works required. Customer hereby confirms that it shall not hold CUCKOO’s agents and/or representatives such as the ND responsible for any damages during the installation process of the Product.
- h) For Product that do not require installation, CUCKOO shall attempt delivery of the Product up to three (3) times at its sole discretion during business operation hours. In the event such delivery fails, CUCKOO is entitled to cancel the order and refund payment made by the Customer (if any), unless the Customer opt to make their own arrangements to collect the Product.
- i) A complimentary reinstallation may be offered to the Customer to the extent where it shall only apply at a new location within the year of the active Natural Care Service Package (“NCSP”) or Natural Care Package (“NCP”) to which the Customer is responsible to move the said Product to the new location and inform CUCKOO when the Product is ready for reinstallation. Any additional reinstallation service shall be levied at the rate of $150 per location.
- j) Customer is responsible to renew their NCSP or NCP upon expiry or before the expiry of a package to avoid any filter expired charges.
- k) Under the NCSP, the appointed service personnel, Natural Doctress (“NDS”), shall contact the Customer for the periodical National Care Service (“NCS”) appointment and the Customer will be responsible to arrange and liaise with the respective NDS assigned.
- l) Customer is responsible to inform CUCKOO in writing if they are unable to arrange the NCS appointment otherwise such appointment shall be deemed to be forfeited. The Customer hereby agrees that it shall not hold CUCKOO responsible in any way for the delays caused in relation to the lapsed cycle of the NCS appointment due to the fault of the Customer’s inability to make such appointment.
- m) Any NCS appointment which is cancelled and rejected (including due to the non-response or uncontactable Customer) will not be replaced by CUCKOO. CUCKOO has the sole and absolute discretion in crediting the NCS appointment to the Customer.
4. Service of the Product: Warranty / Maintenance and Repairs
- a) CUCKOO offers warranty coverage for the Product after receiving the respective Installation Note and payment from the Customer. CUCKOO’s system will then be updated within fourteen (14) days from the date of receipt with respect to the Installation and payment of the Product by the Customer.
- b) The standard warranty period for the Product purchased from CUCKOO shall commence from the Effective Date and shall continue thereafter for a period of twelve (12) months (“Warranty Period”). Extended product warranty shall only cover internal parts of the Product and entails with both warranty and extended warranty under 4(e) below. For the avoidance of doubt, the warranty period under NCSP/NCP is made available only to CUCKOO water purifiers Product.
For other products is only standard 1 year (12 months) warranty period.
- c) Any maintenance and/or repairs, including installation of spare parts required for proper functioning of the Product (if any) shall be exclusively performed by CUCKOO during the Warranty Period. Any unauthorized repair, alteration, maintenance, or modification of the Product shall be strictly prohibited and not be conducted without prior written approval by CUCKOO.
- d) The warranty provided to the Product herein covers any defects in material or workmanship under normal use during the Warranty Period. With respect to the Product, the scheduled maintenance (NCS appointment or self-care plan) shall be conducted every four (4) month(s) each from the Effective Date during the Warranty Period.
- e) Notwithstanding Clause 4(d), the warranty will be void if upon investigation by CUCKOO, it is found that: (i) the Product has been tampered with, modified, abused, neglected, or improperly used; (ii) The Product has been damaged for reasons beyond CUCKOO’s control, such as electrical power fluctuations or failures, and natural disaster; (iii) usage of filter or usage of the Product in combination with other goods not provided or authorised by CUCKOO; and/or (iv) normal usage, wear and tear or stains; (v) malfunction and losses caused by Force Majeure; (vi) damage or loss caused by the wilful negligence, recklessness or gross negligence of the Customer; (vii) complimentary services by CUCKOO on the replacement of the external parts of the Product; (viii) parts requiring replacement due to wear and tear, corrosion or stain (including but not limited to tubing, external water supply and faucet diverter); (ix) imperfect finishing including defects of paintwork that does not materially impair the function of the Product; (x) Product with removed or altered serial numbers; and/or (xi) damage due to other equipment, solutions or accessories being used in conjunction with the covered Product.
- f) Any costs of damage to the Product caused by the Customer’s fault, inter alia, as per Clause 4(e) shall be fully borne by the Customer. External spare parts, transportation, delivery, and incidental cost shall apply in fulfilment of this warranty. Customer hereby agree to take full responsibility and make payment to CUCKOO upon the completion of the replacement of external parts and any other costs which may apply as provided in the clauses herein.
- g) If the Warranty Period and extended warranty under the renewal of NCSP/NCP has expired, any service of the Product (including but not limited to maintenance or repair) requested by the Customer will be charged by CUCKOO as Product service and/or repair fee with the additional cost for transportation fee incurred by CUCKOO agents or representatives in order to perform such services. It is the Customer’s responsibility to renew the NCSP/NCP (as set forth under Clause 3(j)) through the payment channels detailed under Clause 2(a) herein before commencing any NCS appointment or supply of filters.
- h) CUCKOO reserves all rights to impose charges for services on Product which are outside of the warranty and extended warranty coverage. CUCKOO also reserve the right to decline Product servicing where the Product is obsolete, no longer deemed serviceable or replaceable for any reason.
- i) CUCKOO also offers extended warranty coverage after receiving the payment for the extended warranty coverage from the Customer. CUCKOO’s system will then be updated within fourteen (14) days from the date of receipt with respect to the payment made by the Customer. The extended warranty offered under the NCSP, or NCP shall cover internal parts of the Product (inclusive of filters).
- j) Under the NCP, the Natural Care Visit (“NCV”) charged by CUCKOO for labour and transportation fee shall be at the rate of $50/trip during normal business hour of 9.00am to 6.00pm from Monday to Friday, at the rate $70/trip at 6.00pm onwards from Monday to Friday and Saturday.
- k) If the Product’s malfunction and breakdown is due to unforeseen circumstances or defect of the internal part within the period of thirty (30) days and which are not caused by conditions stated in Clause 4(e), the NCV charge shall not be imposed on the Customer during the next visit.
- l) In the event the Product is out of stock, obsolete or beyond repair, CUCKOO reserves the right to replace the Product with another product of similar value as deemed appropriate by CUCKOO subject to its availability.
- m) For the purpose of this clause, the Customer hereby consent and grant CUCKOO’s agents or representatives full and free access to the designated premises to service the Product.
- n) Unless otherwise agreed in writing between the parties herein, CUCKOO’s agents or representatives shall carry out the service of the Product during normal business hours of 9.00am to 6.00pm from Monday to Saturday.
- o) Customer shall take full responsibility to secure, safeguard, lock all of their valuable belongings and/or properties at the Customer’s designated premises throughout the duration of the service being performed by CUCKOO’s agents or representatives. CUCKOO shall not be held responsible for any manner for any loss and/or damages suffered by the Customer during the performance of the services at the Customer’s designated premises.
- p) Customer hereby agree to ensure that an adult (someone at least 18 years of age) is present at home while CUCKOO’s agents or representatives is performing the service at the Customer’s designated premises. The Customer shall also ensure that all children and pets are away from the service site, in order ensure that they do not get injured in any way during the performance of the service by CUCKOO agents or representatives.
- q) In the event the Product service cannot be performed onsite, CUCKOO reserves the right to bring the said Product for service and repair back to CUCKOO’s company workshop for service as stated overleaf. CUCKOO shall have the sole discretion to decide whether to replace or repair the defective spare part of the Product.
- r) In the event of change of address or location of the Customer’s designated premises, such changes shall only be granted upon the Customer obtaining a written consent from CUCKOO on the same prior to the change.
- s) Upon signing the Installation Note or Natural Care Service Note, Customer has confirmed that the service performed by CUCKOO’s agents or representatives has been done satisfactorily.
- t) In the event the Customer is not satisfied with the service rendered by CUCKOO’s agents or representatives, the Customer may opt to not sign the Installation Note or Natural Care Service Note and shall contact CUCKOO’s Careline at 6248 0888 or email us at email@example.com for further clarification on the same.
5. Force Majeure
- For the purpose of this Agreement, “Force Majeure” means an event or sequence of events beyond a party’s reasonable control (which could not reasonable have been anticipated and avoided by a party) preventing or delaying it from performing its obligations hereunder, including acts of God, war, revolution, terrorism, riot or civil commotion, or reasonable precautions against any such; strikes, lockdown, lock outs or other industrial action, whether of the affected party’s own employees or other; blockage or embargo; acts of or restrictions imposed by government or public authority; explosion, fire, corrosion, flood, natural disaster, epidemic or pandemic, failure of any computer dealing system, interruptions of power supplies, or adverse weather conditions. Subject to the party so affected promptly notifying the other party in writing of the reasons for the delay (and the likely duration of the delay) the performance of such party’s obligations shall be suspended until such time as the cause giving rise to such suspension shall no longer prevail. Neither party shall be liable to the other in any way whatsoever for Force Majeure. Notwithstanding the foregoing, Force Majeure does not include inability to pay, mechanical difficulties, shortage or increase of price of raw materials, over-commitment or market or other circumstances which may make the Terms of this Agreement to a party.
- a) The Customer shall indemnify and hold harmless CUCKOO and its directors, shareholders, officers, employees, agents, affiliates, successors and assigns thereof, from and against all allegations, claims,demands, losses, damages, liabilities, actions, and cause of action of any nature, including but not limited to personal injury, wrongful death, any other consequential damages and property damage arising out from or in connection to the condition, possession, use and/or operation of the Product unless such act is attributable to wilful intent or gross negligence on the part of the CUCKOO.
- b) CUCKOO will, in no event, be liable for any loss or damage (including but not limited to, loss of income, profits or goodwill, direct or indirect, consequential, exemplary, punitive, special, or incidental damages of any party including third parties) arising out of or relating to this Agreement or the transaction it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether CUCKOO has been advised of the possibility of any such damage. In no event will CUCKOO’s liability exceed the price the Customer paid to CUCKOO for the Product provided giving rise to the claim or cause of action.
7. Data Protection
- b) CUCKOO warrants that: (i) it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments; (ii) it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure CUCKOO’s compliance with the Personal Data Protection Act 2012 (“PDPA”); and (iii) CUCKOO shall notify the Customer immediately if it becomes aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data.
- Any notice to be given hereunder to CUCKOO shall be in writing and may be delivered by hand or sent by prepaid registered post or by facsimile to the number and/or address as stated in this Agreement.
9. Governing Law
- This Agreement shall be governed, constructed, and enforced in accordance with the laws of Singapore and the courts in Singapore.
10. Anti-Corruption Compliance
- CUCKOO shall and shall procure any other persons acting for or on its behalf to comply with the Prevention of Corruption Act (PCA) Cap 241 and any other applicable anti-bribery, anti-corruption and anti-money laundering laws, regulations, guidelines, codes of practices or notices (“Anti-Corruption Laws”). If there is a breach or threatened breach of any of the Anti-Corruption Laws, the Customer may, in addition to other available rights and remedies, forthwith terminate this Agreement without any liability whatsoever to CUCKOO on account of early termination of this Agreement.
- a) Time whenever mentioned shall be of the essence of this Agreement.
- b) This Agreement shall inure to the benefit, and be binding upon each of the parties herein, its respective successors-in-title and permitted assigns.
- c) This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. In the event of any disputes(s) and/or discrepancy arising between the parties, the contents of this Agreement shall prevail. Except as otherwise specifically set forth herein, this Agreement shall not be amended except in writing signed by both parties.
- d) This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
- e) Electronic signature should be given the same legal force as a handwritten signature and will constitute an original for all purposes.
- f) Nothing in this Agreement constitutes a relationship of principal and agent or partnership between CUCKOO and the Customer or any of its affiliates, employees, agents, or subcontractors.