GENERAL TERMS & CONDITIONS FOR SERVICES AND GOODS

These General Terms and Conditions form the Agreement between “the Company” and “the Customer” upon the booking or agree of any work(s) and “the Customer” shall be deemed to have accepted these Terms and Conditions. “The Customer” is advised to read these Terms and Conditions carefully before booking or agree any of our “services”/ “goods” and review on a regular basis to ensure understand all terms and conditions. The Customer has the right to stop using the relevant “services” and/or “goods” if do not accept these Terms and Conditions. “The Company” reserves the right to change these Terms and Conditions without prior notice at any time, at the Company’s sole discretion.

1. Definitions

1.1. “The Company”, F-1 AutoClinic Pte Ltd and/or the associated company Sam AutoClinic Pte Ltd, the person who is the vendor of the services and or goods to the customer.

1.2. “The Customer”, the person contracting for goods and services to be supplied by the Company.

1.3. “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.

1.4. “Goods” means all things to be sold by the Company to the Customer.

1.5. “Services” means all services, including repairs, provided by the company to the Customer.

2. Whole Contract

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

3. Interpretation

3.1. The singular shall include the plural and the male shall include the female or business entity as may be appropriate. The table of contents and headings of, and titles of paragraphs and subparagraphs contained in this Agreement are solely for the purposes of convenience only and are not part of the agreement of the parties and shall not in any way affect the meaning or interpretation of this Agreement.

3.2. This agreement interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purpose and intentions of all parties hereto. No provision of this Agreement or any of the terms shall be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or dictated such provision or terms.

4. Enforceability

In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Estimate

5.1. Unless specifically agreed in writing, all work is agreed on an estimate basis.

5.2. Unless specifically agreed in writing, time for completion of any work is not essential.

5.3. Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Company reasonable control.

5.4. Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.

6. Paintwork

Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required, every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.

7. Delivery of Services / Goods

7.1. The Company shall give the estimated time for the repair of a vehicle and shall make every effort to inform the Customer if estimated time cannot be met, although the Company can accept no responsibility for delays outside its control.

7.2. Delivery shall be made at the time or within the period of time stipulated in the contract. If the delivery time is not agreed, the services/goods shall be delivered within reasonable time from the sale or call.

7.3. The company shall not be in liable in any loss of time, production claims or other economic considerations and consequential loss which may be incurred resulted by any late performance or delay in delivery, and delay shall not entitle the customer to rescind the contract. 

7.4. If delivery is delayed due to Force Majeure (according to clause 32) a new delivery date may be agreed to conditional on the Customer’s acceptance. 

8. Vehicle Parts / Accessories  

8.1. The Company shall obtain the Customer’s express permission and consent to repair or to fit repaired units where new or reconditioned parts quoted for are unavailable or not obtained within a reasonable time.

8.2. Regardless the parts/accessories are new or reconditioned, the replacement parts are non-returnable after installed.

8.3. Any special order parts ordered in advance must be paid for in full prior to ordering and shall be non-returnable or refundable in any circumstances and will be advised to the Customer in advance of any orders being placed.

8.4. The company shall not have liability for parts/accessories’ defect from manufacturing, distribution or supplier. The warranty subject to clause 10. below.

8.5. The warranty period may vary due to the original manufacturers or the distributor’s warranty conditions. The Customer will be informed in writing, if applicable.

8.6. The Company shall not bear any responsibility or liability for the customer who refuse the company advisories, warnings and information or any instructions provided as a consequence of the vehicle break down or any damage in relating to the parts/accessories.

9. Customer Supplied Parts
The Company will not warrant or be held responsible for any parts supplied by the Customer, whether new or reconditioned. Should such parts cause any damage to the Vehicle, the Company shall be entitled to charge for any costs incurred, including any labour for their installation and/or removal, and will not be held responsible for any consequential loss or damage whatsoever.

10. Warranty

10.1. Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer’s warranty or other written warranty, no warranty is given or implied as to the quality of goods or services or their fitness for any particular purpose whether known to the Company or not.

10.2. The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.

10.3. Subject to clause 10.4. below, the Company assigns to the Customer, the benefits of any applicable manufacturer’s warranty for new parts fitted to a vehicle in the course of a repair or service. Further, the Company warrants its work free of defects in workmanship and the warranties may vary due to their original Manufacturers or suppliers’ warranty conditions. The Customer will be informed in writing if applicable.

10.4. The Company’s obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:-

10.4.1. Failure to notify the Company of the defect.

10.4.2. Failure to afford the Company opportunity to rectify the problem.

10.4.3 The parts or workmanship carried out not being subjected to abnormal conditions or unreasonable wear and tear.

10.4.4. Subjecting the goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports.

10.4.5. Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.

10.4.6. Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.

11. Vehicle Storage

11.1. If, following the completion of services the Customer’s vehicle(s) is left at the Company’s premises or the premises of the Company’s agent, regardless of paid or unpaid works then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle unless prior agreement has been given in writing or verbally by a Director of the Company.

11.2. The Company holding vehicles or components in storage have a reasonable, but not absolute duty of care to ensure it is not damaged or stolen and with some qualification, maintained in reasonable condition.

11.3. The Company shall in no circumstances be liable for vehicle depreciation, penalty, compensation or any considerable loss which resulted from vehicle storage..

12. Courtesy Car

12.1. If, the Company, at our sole discretion supply the Customer with a courtesy car. The Customer must satisfy the following eligibility requirements: The Customer must be the holder of a full (as opposed to provisional) driving license which has been held for at least 1 year at the date of the booking and the Singapore or international driving licenses must be produced before the courtesy car released to the Customer. 

12.2. The Customer agreed to take full responsibilities for any fines in respect of traffic, parking or speeding offences incurred whilst the vehicle is under the customer possession. And In the event that the Vehicle is being seized, confiscated or forfeited as a result there of, the customer fully liable for any possible criminal and/or civil liabilities and hold the company fully indemnified against all claims, demands, liabilities, all losses (potential and current), damages, proceeding costs, expense, fine, penalties imposed on the company or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulations. The Customer abided by the terms below:

12.2.1. NOT TO use vehicle for any illegal activities in connection with theft, drugs trafficking, smuggling criminal activities or the purpose of test or racing.

12.2.2. NOT TO drive the vehicle whilst under influence o intoxicating liquor or drugs.

12.2.3. NOT TO take the vehicle out of Singapore without in written consent of the company.

12.3. The Customer will return the courtesy car in the same condition in which it was supplied, including the same level of cleanliness and the same level of fuel.

12.4. The Customer will be required to pay any costs incurred as a result of any of the above provisions not being met. Notwithstanding the Customer’s satisfaction of the eligibility requirements, we may refuse the loan of a courtesy car to the Customer for any reason including, but not limited to, the non-availability of cars.

13. Use of the Customer’s Vehicle

The Company and its employees and agents are expressly authorized to use the customer’s vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.

14. Authority to Contract 

Services/Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Company to be the Customer’s agent or by any person to whom the Company is entitled to make delivery of the vehicle.

15. Sub-Contracting

The Company shall be free to sub-contract any of its obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer without the Customer’s prior authorization.

16. Cancellation of Work

The Customer has the right to cancel the work at any time, subject to the provisions below.
16.1. If Work has commenced, the Customer will be required to pay for all labours and parts used up until the point of cancellation and shall be invoiced for the same.

16.2. Any parts ordered and/or paid for in advance will be non-refundable in any circumstances and the company shall remain at liberty to use or dispose of the parts.

16.3. If the Customer has been provided with a courtesy car it must be returned to the Company immediately upon cancellation.

17. Vehicle Insurance Claims

If the Work to be carried out on the Vehicle is the subject of an insurance claim, the customer (or the policyholder if they are not the same person) may be required to sign documents required by the insurer to authorize payment to the Company for the Work. The Company shall not be responsible for any delays in completing the Work and/or returning the vehicle to the Customer where such delays arise out of the actions of the insurer including, but not limited to, the withholding of payment.

18. Variation

Any variation agreed between the Company and the Customer regarding the Services/Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

19 Risk and Liability

19.1. Where the Company contracts to carry out a defined repair or diagnostic operation, the Company’s liability shall be limited to the performance of such work as may be defined by the standard manufacturer or distributer’s schedule as coming within the scope of such operation.

19.2. Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer’s risk, unless the same is caused by the negligence, misconduct or default of the Company, its employees or agents.

19.3. The Company shall under no circumstances be liable for any consequential loss or damage whatsoever suffered by the Customer which results from the Customer’s failure to follow any instructions or recommendations given by the Company or the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions. 

20. Payment

20.1. Payment in respect of any services or works undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened.

20.2. Payment method: Cash, Nets, Online Banking, Bank Transfer, Paynow.

20.3. Interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and the Customer giving an agreed payment period. Interest will accrue from day to day, until the date of payment, at the statutory rate at 1.5% per month the base rate applicable on the date of the invoice due. This figure may change from time to time, interest will accrue until settlement is reached or until any Court Judgment is made.

20.4. The Company reserves the right to pursue any amounts the Customer fail to pay in connection with the services/goods, and all of costs incurred by the Company relating to the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, arbitration or court costs. It is important that the Customer honor the payment obligations to which the Customer has agreed.

21. Lien

21.1. The Customer acknowledges that the Company has a legal lien (retain the vehicle) upon any vehicle(s) left with the Company for all monies due from the customer on any of account.

21.2. The Company have performed fully authorized work on the vehicle it must not be released until payment in full has been received from the Customer, the Bank, Financier or the Lease Company for completion of repairs work, services and/or goods.

21.3. If, the Customer vehicle with a lien which is also in arrears of repayment to the Bank, the Financier or the Lease Company and resulted the Bank, the Financier or the Lease Company repossessing the Customer vehicle, under a common law concept of “Unjust Enrichment” the Company entitled to make a claim or equitable remedies from the Bank, the Financier or the Lease Company if the repairs improve the value of the vehicle.

22. Bankruptcy / Insolvency of Customer

If, the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.

23. Invoice

23.1. All claims or queries pertaining to an invoice must be made within 30 calendar days from the date of issue of an invoice.

23.2. The Company reserves the right to make changes at any time, without prior notice to the Tax Invoice and is not responsible for typographical, digital errors or omissions. If any additional charge may be billed in separated Tax Invoice.

24. Quotation

24.1. Quotation valid for 14 Days working days from date hereof. Rates quoted above supersede all previous quotation and subject to change with or without prior notice.

24.2. Please read carefully the Company Terms and Conditions before agree any of quotation.

25. Credit Terms

25.1. The Company reserves the right to suspend the customer credit term or discontinue temporarily or permanently, some or all of the Services/Goods, at any time without notice, the Company may do so in its sole discretion by any of the following:-

25.1.1. Credit account has exceeding the credit limits. 

22.1.2. Account balance has been overdue.

22.1.3. Any other breach of these Terms and conditions; or any harmful to the Company.

26. Prohibited Activities

Any verbal or non-verbal conduct included violence, threatening, invective or abusive, or otherwise unlawful in any manner whatever which causes the victim (any of its affiliate entities, directors, employees, the visitor or the customer) harassment, injury, alarm or distress within our premises, the company shall unrelentingly proceeding against the abuser and pursue a civil case or lodge to the police if required.

27. Data Protection

27.1. The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information may be passed to other carefully selected third party organizations. The Company, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing.

27.2. The Company disclaims all liability for any direct, incidental or consequential damage or loss suffered by the Customer that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

28. Public Liability Insurance 

28.1. The company shall have in place at all times suitable and valid insurance which shall include public liability insurance subject to the Insurance terms, limitations and exceptions. 

28.2. The Company’s total liability for any loss or damage caused as a result of the Customer negligence or breach of these Terms and Conditions shall be limited to the extent of this insurance. 

29. Dispute Resolution

In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:

29.1. All formal/written complaints relating to the Company, its staff or services must be brought to the attention of a Director of the Company.

29.2. An investigation of the complaint will be carried out by a Director on behalf the Company. A Director, on behalf of the Company, will provide a written or verbally response to the complainant with his/her findings within 7 working days. Should further time be required for the investigation, the complainant will be contacted before the end of the last working day with a progress update explaining the reasons for the time extension. The investigation must be completed by the end of the 14th working day since the last contact with the complainant. Once the investigation has been completed, a letter/e-mail/phone call will be sent to the complainant explaining the Company’s position. The letter/e-mail/phone call will explain the details of the investigation including factual details of the findings. The letter/email/phone call will summaries the Company’s position regarding the outcome of the investigation. If the Company has not received feedback from the complainant following the outcome of the letter/email/phone call within one calendar month, the Company will assume that the matter has been fully resolved.

30.Non-Waiver
No failure by either the Company or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver or any expectation of non-enforcement.

31. Severance
If, any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

32. Force Majeure

If an event of Force Majeure occurs, a Party’s contractual obligation affected by such an event shall be suspended during the period of delay caused by the Force Majeure and shall be automatically extended, without penalty, for a period equal to such suspension. The Party claiming Force Majeure shall promptly inform the other Parties in writing and shall furnish sufficient proof of the occurrence and duration of such Force Majeure. The Party claiming Force Majeure shall also use all reasonable endeavours to terminate the Force Majeure. In the event of Force Majeure, the Parties shall immediately consult with each other in order to find an equitable solution and shall use all reasonable endeavours to minimize the consequences of such Force Majeure. Such causes include, but are not limited to: lack of availability of parts, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, pandemics, acts of terrorism, acts of war, governmental action or any other event that is beyond the control or unforeseen change of circumstances.

33. Mediation

All disputes, controversies, or differences arising out of or in connection with this agreement shall first be submitted to the Singapore Mediation Centre for resolution. The disputes, controversies or differences shall be referred within 14 days from the time they arose, in accordance with the Mediation Procedure for the time being in force, unless any of the parties serve a written notice on all the other parties and the Singapore Mediation Centre stating that it does not agree to submit the matter to mediation. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.

34. Law and Jurisdiction

These Terms & Conditionals shall be governed and construed in accordance with the laws of Singapore, all its subsequent variations shall be subject to, governed by and interpreted in accordance with the laws of Singapore for every purpose.

35. Statutory Rights

Where the Customer is acting as a consumer, nothing in this contract is intended to exclude or limit the Customer’s statutory rights.

36. Variation of Terms and Conditions

The Company may modify these Terms and Conditions when the Company deems it to be necessary, within the scope of the purposes of the Services. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.

11 The customers are expected to review such Terms on a regular basis to ensure understand all terms and conditions.

37. Limitation of Liability

37.1. To the extent not prohibited by law. the Company, its affiliates, director, employees, representatives and providers shall not be liable at any time for any damages that may be caused to the Customer’s property as the result of service or work provided to you by other Contractor to whom the Company forwarded the service and any, loss, claim, act of god, accident, delay or direct, special, exemplary, unitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: i) any uses of our website;, or ii) the performance or non-performance by the Company or any contractor, even if the Company have been advised of the possibility of damages to such parties or any other party.

37.2. In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding the repairs charges paid by the Customer of the claim for the particular work authorized by the Customer.

38. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, the Company and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

39. Disclaimer

39.1. This Site and all its web pages, including the information, content and other materials displayed (“Contents”) are provided on an “as is” basis for general information purposes and not as any form of advice. While the Company try to ensure that the Contents are correct, they may not be up to date or free from error or omission. No warranty of any kind is given in respect of this Site or the Contents.

39.2. The Customer assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer and agree not to hold the Company liable for the loss of any of your User Content that is due to any circumstances beyond the control of the Company, and the Customer agree to exercise access and use User Content only at your own risk and with care and discretion.

39.3. This Website provides the unofficial version of Singapore’s legislation. The legislation content of this Website is not and should not be relied upon as the authoritative text of Singapore’s legislation. Section 48 of the Interpretation Act (Cap. 1) does not apply to anything printed, downloaded or copied from this Website.

39.4. The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. The Customer should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it, application and interpretation of Singapore’s legislation that may be relevant to your particular circumstances.

®We reserve all our rights.

Ver 1.0