Terms and Conditions of Sale Singapore, Malaysia, Johor Bahru (JB), Indonesia, Ulu Tiram

Terms and Conditions of Sale

Terms and Conditions of Sale

All products (the "Products"), that are purchased by the Customer from

Wheeler Mectrade (S) Pte Ltd (Wheeler Mectrade), are subject to the following Terms and Conditions of Sale (the “Terms”) provisions.

It is the responsibility of the Customer to read and understand the Terms made available to them via our Website www.wheelermectrade.com

By purchasing or using the Products, the Customer is deemed to have agreed with these Terms, regardless of any other Terms the Customer may have with Wheeler Mectrade regarding the Products.

Article 1 Ordering the Products

The Customer may apply to purchase the Products using the following methods. Provided, however, that Wheeler Mectrade may restrict the ordering method depending on Special Orders (as defined in Article 10 below) or the type or quantity of the Products ordered. The date and time Wheeler Mectrade may receive an order are business hours set out in the Catalog and Wheeler Mectrade's website.
1. E-mail orders: Sign and return a scanned copy of a valid quotation form to wheelermectrade@singnet.com.sg, cc the sales representative who provided the quotation form.
2. E-Messaging orders: Sign and return a scanned copy of a valid quotation form to the sales representative who provided the quotation form.

Orders made by the Customer shall become effective upon receipt of the order by Wheeler Mectrade under Article 1.1. If Wheeler Mectrade is unable to receive the order due to a problem with any telecommunication service or any of the details required for the order are missing, the order shall not be deemed effective. In this case, Wheeler Mectrade shall not be liable in any way for the Customer not being able to purchase the Product or any damages arising in connection therewith.

Orders made by the Customer will constitute a sales agreement upon receipt of the order by Wheeler Mectrade under Article 1.1. Provided, however, that this will not apply if Wheeler Mectrade notifies the Customer that it declines the order immediately after receiving the order. In this case, Wheeler Mectrade shall not be liable in any way for the Customer believing that the order constitutes a sales agreement or any damages arising in connection therewith. If Wheeler Mectrade deems it particularly necessary, it will additionally execute a written sales agreement with the Customer and change the terms of sale.

Please be aware that Wheeler Mectrade may claim from the Customer any expenses Wheeler Mectrade incurs in connection with additional requests from the Customer.

Article 2 Indemnification

The Customer may order the Products with the following conditions with respect to the use of the Products. The Customer will defend, indemnify, and hold harmless Wheeler Mectrade and its affiliates, and their respective officers, employees, and agents, from and against any liability, damage, claim, or any litigation cost or expense (including but not limited to reasonable attorneys' fees) from third party claims arising out of or relating to the violation of any of the following conditions:

The products are to be used as a component of general production equipment or for commercial use or industrial application ("General Industrial Use"). Please note that General Industrial Use does not include any use in transportation devices with the purpose of transporting humans such as automobiles, vehicles, or ships, medical equipment with the purpose of curing and diagnosing humans, or consumer goods that are used in general households such as electronic and electric equipment.

The Products may not be used in aerospace equipment, nuclear energy equipment, or military related products, such as weapons or arms.

The Products or any equipment for General Industrial Use (or parts thereof) will not be used in, exported to, or sold to any country outside the country of purchase.

Wheeler Mectrade provides Sales & Services on the condition that the Customer orders and uses the Products at its sole responsibility and in compliance with matters relating to the Products that are listed in the Catalog or Quotation, such as the specifications, intended uses, terms of use, instruction and precaution for use, conditions of use, drawings and other information of the Products, and any notice or other description in documentation or labels that comes with the Products (or their accessories).

The Products may not be resold to a third party, incorporated in products offered to general consumers, or used in any other similar manner without the written consent of Wheeler Mectrade.

Article 3 Overseas Shipping and Title and Risk of Loss

Wheeler Mectrade will ship the Products from its warehouse or suppliers based on the availability of Products. However, depending on the type and quantity of the Products ordered (for example, due to customization of Products, oversized Products or the large quantity order) or depending on the time, when the order is placed, Wheeler Mectrade may determine alternative shipping dates.
For shipments outside Singapore, shipments will be sent freight and duty collect by a carrier of the customer's choice.
Overseas shipments of Products are processed by third party service provider. Shipping rates are determined by such service provider and may be subject to change without prior notice.
Title and risk of loss pass to the Customer upon tender of shipment to the carrier. If the Product is damaged in transit, the Customer shall file claim with the carrier.
Unless otherwise provided in the Catalog, the Days to Ship will start on the next business day following the day the sales agreement is concluded between the Customer and Wheeler Mectrade under Article 3.3, excluding any holiday of Wheeler Mectrade. If the time the Customer sends an order and the time Wheeler Mectrade receives such order differs, the Day to Ship will be calculated from the time Wheeler Mectrade receives such order.
Please be aware that the Products may not be delivered within the delivery period estimate due to transportation factors such as weather, traffic jams, or road construction, the timing of the delivery (such as New Year holidays, Christmas holidays, or other holidays), the inventory status of the Products, or any other reasons, and in this case Wheeler Mectrade shall not be liable to the Customer in any way.

Article 4 Delivery of the Products

Delivery of the Products is deemed to be completed when the Products is delivered to the loading bay of the address registered by the Customer or designated by the Customer at the order. Upon receiving the Products, the Customer is requested to affix its seal or representative's signature to the Delivery Order as proof of receipt.
The Customer is responsible for the provision of Manpower or Equipment required to unload Products when required (in the case of large or bulky Products)
The Customer is responsible for the application and management of any required security clearances to facilitate Wheeler Mectrade delivery personnel and vehicle entry to the premises prior to the date of delivery.
The Customer can and will be subject to additional fees incurred for deliveries to locations such as but not limited to: Military Bases, Medical Facilities, Airports, Educational Institutes, Residential Addresses
Our delivery personnel will wait for a maximum period of Fifteen (15) minutes at the delivery address after notifying the Customer of their arrival. After which the delivery may be deemed unsuccessful and the Customer will be subject to additional delivery fees for repeated delivery attempts.
The Products may not be delivered if the Customer's company name, factory name, research institute name, nameplate, or other verification of the Customer cannot be confirmed.
If the Products are delivered to a location other than that specified by the Customer, the person receiving the Products may be required to provide personal identification, such as a licence or passport. (In this case, details such as the address, name, and registration number in the licence or passport provided may be copied.)

Article 5 Inspections

Within one (1) week of receipt of the Products, the Customer must inspect the Products to confirm the name, part number, and quantity of the Products and verify, that there is no damage, deformation, defects, or flaws (including if the specifications do not meet those listed in the Catalog, Quotation or, in the case of special orders, specified in the Customer's drawings) (collectively "Defects") in the Products. If the Products fail to meet the specifications or have any Defects, the Customer shall give written notification to Wheeler Mectrade within one (1) week of receipt of the Products, and then send the Products failing the inspection and the detail report stating the cause and status thereof to the address designated by Wheeler Mectrade.

Please note that Wheeler Mectrade may deem that the Products have been inspected and approved by the Customer if it does not receive notice within one (1) week of receipt of the Products by the Customer.

Article 6 Measures for Defective Products

If it is discovered through the inspection set out in Article 5 that all or part of the Products fail to meet the specifications, Wheeler Mectrade will check such Products. If it is clear to Wheeler Mectrade that the defects are attributable to only Wheeler Mectrade, Wheeler Mectrade will promptly deliver a replacement of the Products (or provide the service again in the case of a service) or, if directed by the Customer, refund the amount paid by the Customer for the part of the Products that is defective.

Article 7 Extra Products

If Wheeler Mectrade delivers to the Customer a greater quantity of the Products than that which the Customer ordered and such mistake is attributable to Wheeler Mectrade, the Customer shall contact Wheeler Mectrade and return the extra Products to Wheeler Mectrade promptly. In this case, Wheeler Mectrade will pay for all shipping costs or provide goods pickup services required to return the extra Products. The Customer is kindly requested to keep the extra Products in its original condition and packaging from the time it receives such Products until it returns them to Wheeler Mectrade.

Article 8 Special Orders(Fabricated Products & Designs)

If the Customer orders products with specifications set out in drawings (2D & 3D) provided by the Customer or other special orders not for the Products with the specifications listed in the Catalog ("Special Orders"), ordering procedures are different from the orders for the standard Products listed in the Catalog. Other than the ordering procedure for Special Orders, the Terms and Conditions apply to Special Orders to the extent that they do not contradict the nature of the Special Orders.

It is the responsibility of the Customer to provide the correct, appropriate and matching (2D & 3D) drawings for the purposes of fabrication. Wheeler Mectrade will not be held liable if Products are fabricated with errors arising from conflicting or mismatched information set out in drawings.

In the case of toleranced Products intended to fit existing/standard parts, it is the responsibility of the Customer to provide existing/standard parts for the purposes of fitment during fabrication. This covers Products including but not limited to: Shafts, Bearings, Gears, Sprockets, Timing Pulleys
Wheeler Mectrade will not be held liable if Products are fabricated with errors arising from the inability or refusal to supply the above mentioned existing/standard parts.

If replacement or repair of Products is required, the Customer will be required to pay the repair or replacement fee separately designated by Wheeler Mectrade.

All Fabricated Products shall adhere to standard geometric tolerance standards set out by ISO 2768-m unless otherwise stated in drawings (2D & 3D)

Designs created by Wheeler Mectrade in collaboration with the Customer are made to the best of our abilities. It is the Customer’s responsibility to review and approve a design before it is released for fabrication.

Article 9 Applicable Taxes

The Customer shall additionally pay an amount equivalent to all applicable taxes incurred in the purchase, including VAT and any sales taxes, if any.

Article 10 Payment

The Customer shall pay the purchase price for the Products it has purchased, shipping cost (if any) and all taxes imposed thereon by any of the methods set out in the Quotation; provided, however, that the Customer may be required to change the payment method upon request from Wheeler Mectrade. The payment term ("Payment Term") shall be determined by the Quotation. Please be aware that Wheeler Mectrade may request advance payment from the Customer if it is a new customer, depending on the status of a transaction or for other reasons.

The Company will send invoices for the Products shipped and the Customer shall make all payment for such invoice amount in accordance with the Payment Term. The Customer shall be liable for all relevant bank fees of such payment, if any.

If the Customer fails to pay the amount for the Products, shipping cost (if any) and all taxes by the due date, based on the Payment Term, regardless of the reason for such delay, a default charge may be additionally imposed on the unpaid amount at the rate determined by Wheeler Mectrade separately or if such rate is higher than the highest rate of interest permitted by applicable law, such highest rate.

If payment by the Customer cannot be confirmed by the specified due date based on the Payment Term, please be aware that Wheeler Mectrade may carry out predetermined procedures, such as suspending the Customer's order and shipment of ordered products, or revoking the Customer's terms account.

If the Customer desires to change its payment method, please contact Wheeler Mectrade. Please note that longer period may be required for procedures to change the payment method depending on the payment method.

Article 11 Maximum Amount

Wheeler Mectrade will set a maximum amount that the Customer can owe to Wheeler Mectrade for the total purchase of the Products at any given time (the "Maximum Amount").

Wheeler Mectrade may at its discretion, take any of the following ways if the total price for the Products ordered by the Customer exceeds the Maximum Amount or if otherwise necessary with respect to the Maximum Amount. In such case, please be aware that it may not be possible to deliver the Products by the prescribed delivery date.
1. Requesting the Customer pay in advance or pay the outstanding amount.
2. Refusing the order.
3. Any other method determined by Wheeler Mectrade.

Please contact Wheeler Mectrade to check the Customer's Maximum Amount.

Article 12 Refusal to Receive Products

Wheeler Mectrade will only hold finished Customer Product on hand for a period of Three (3) days after providing notification to the customer. After which Wheeler Mectrade reserves the right to dispose of the Product without further notice to the Customer.

If the Customer refuses to receive the Products or the Products cannot otherwise be sent to the Customer's address for reasons attributable to the Customer (such as nobody being at the address to receive the Products), Wheeler Mectrade will consider the sales agreement for such Products to be automatically terminated. Please be aware that in this case the Customer shall pay an amount equivalent to the price of the Products and any damages incurred by Wheeler Mectrade, provided, however, that this will not apply if Wheeler Mectrade believes there are special circumstances in light of the nature, type, or quantity of the Products, the distribution system used, or any other factor.

Article 13 Force Majeure Disclaimer

If any delivery of Products is delayed or impossible due to natural disasters (including, without limitation, earthquakes, floods, and fires), amendments to or abolishment of laws or ordinances, dispositions through exercise of a public authority, transportation-related problems, labour disputes, or any other circumstances beyond the control of Wheeler Mectrade, Wheeler Mectrade will notify the Customer within a reasonable period considering such circumstances. Provided, however, that Wheeler Mectrade shall not be liable in any way for any damages or expenses incurred by the Customer due to such delay or failure in delivery.

Article 14 Changing or Cancelling Orders

For Cancellation, please contact Wheeler Mectrade by telephone as soon as possible. Notwithstanding the foregoing, Wheeler Mectrade reserves the right not to accept Cancellation because of the nature, type, quantity, or shipping date of the Products, or the distribution system, or other relevant factors.

Depending on the time of requesting Cancellation, type and quantity of the Products and other factors, the Customer may have to pay a cancellation charge.

The Customer may not cancel its order unless such cancellation is in accordance with the provisions of this Article 14.

Article 15 Returning and Replacing Products

The Customer may return or receive replacement of the Products ("Returns") after the inspection period specified in Article 5, unless any of the following cases apply.
1. The Products are not designated as "Stock" items.
2. The Products that have been opened, unpacked, or used.
3. The Special Orders under Article 8 of the Terms and Conditions or the Products that are otherwise order-made for the Customer.
4. The Products ordered by Wheeler Mectrade from a third party at the Customer's request.
5. The Products that have deteriorated or been damaged due to an error in the Customer's use.
6. The Products that the Customer wishes to return because of the Customer's preferences, such as the Products not suiting the Customer's tastes (having a different colour or appearance from that in the Catalog).
7. The Products that have marks or damage attributable to the Customer.
8. Seven (7) days have passed since the date of delivery of the Products.
9. The Customer has placed a large quantity order for the Products.
10. Dangerous goods.

For the Returns, shipping costs shall be borne by the Customer. Please be aware that Wheeler Mectrade may charge a handling or restocking charge for such Returns in addition to such shipping cost in accordance with the Cancellation Policy or the Warranty applicable to the Service provided to the Customer. The Customer shall contact Wheeler Mectrade to confirm the Return is acceptable and Wheeler Mectrade will inform the Customer whether the Return is acceptable and how to return the Products. The Customer shall store the returned Product in suitable conditions in light of nature of the Products until the Return is completed.

Notwithstanding the provisions of Article 15.1, if there are any Defects in the Products or the wrong Products are delivered due to the reason attributable to Wheeler Mectrade, please contact Wheeler Mectrade within the period mentioned in the provision of Article 15.1(8). By information from the Customer, Wheeler Mectrade will determine whether the damage or wrong delivery is attributable to Wheeler Mectrade and if Wheeler Mectrade acknowledges thereof, Wheeler Mectrade accepts return of the Products. The postage or pickup costs incurred in returning the Products will be borne by Wheeler Mectrade. If Wheeler Mectrade cannot confirm the condition of the Product, Wheeler Mectrade may reject the Return of the Products.

Article 16 Warranty

The Warranty Standard, that is the sole warranty made with respect to the Products separately set out in the "Warranty".
THE Wheeler Mectrade WARRANTY HEREIN IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES OF Wheeler Mectrade, THE MANUFACTURER OF THE PRODUCTS, AND ANY OTHER ENTITY INVOLVED IN THE MANUFACTURE, SALE, OR SERVICING OF THE PRODUCTS (OR ANY PORTION THEREOF) AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "MANUFACTURING AND SELLING COMPANIES"), EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.

In case that no warranty is applied to the defect of the Products under the Warranty, repair or replacement of the Products will be charged and the Customer is required to pay the repair or replacement fee separately designated by Wheeler Mectrade, provided, however, that the defect of the Products may not be repaired or replaced because of the nature, manufacturing date, or specifications of the Products in issue.

Article 17 Revocation of Registration and Termination of Sales Agreements

If any of the following cases apply to the Customer, Wheeler Mectrade may revoke the Customer's registration, suspend, or discontinue a part or all of the Services without prior notice, and immediately terminate any sales agreements it has entered into with the Customer without further notice:
1. If the Products are used for purposes other than General Industrial Use.
2. If the Products are used in aerospace equipment, nuclear energy equipment, or military related products, such as weapons or arms.
3. If the Products are resold to a third party, incorporated in products offered to general consumers, or used in any other similar manner without the written consent of Wheeler Mectrade.
4. If the Customer delays in or fails to perform its obligations and fails to remedy this within seven (7) days, regardless of Wheeler Mectrade notification to the Customer demanding remedy thereof.
5. In addition to Article 19.1(5), if the Customer breaches any of the Terms and Conditions and fails to remedy this within fourteen (14) days, in spite of Wheeler Mectrade notification to the Customer demanding remedy thereof.
6. If the Customer sustains a disposition from the relevant supervisory agency, such as a cancellation or suspension of its business operations.
7. If the Customer is subject to a suspension of payments or becomes insolvent, or a check issued by the Customer is subject to dishonour.
8. If the Customer's credibility substantially deteriorates or there is a material change to its business that will affect its credibility.
9. If the Customer is subject to a petition for attachment, provisional attachment, provisional disposition or any other compulsory execution or auction filed by a third party, or is subject to a disposition to collect tax or other public charges delinquencies.
10. If a petition for bankruptcy, reorganisation, or other insolvency proceeding is filed against or by the Customer.
11. If the Customer passes a resolution to dissolve or merges with another company.
12. If it becomes difficult for the Customer to perform its obligations under the Terms and Conditions or any sales agreements due to a natural disaster, labour dispute, or other reasons.
13. If the Customer defrauds Wheeler Mectrade or commits any other acts in bad faith.
14. If the Customer's financial condition deteriorates or there are grounds to objectively believe this may occur.
15. If Wheeler Mectrade cannot contact the Customer using reasonable methods of communication.
16. If there are grounds that otherwise make Wheeler Mectrade believe the Customer is inappropriate as a customer.

If any of the above cases apply to the Customer, all obligations owed by the Customer will become immediately due and payable, and the Customer shall promptly pay all such obligations. Further, the Customer shall indemnify Wheeler Mectrade for any damages incurred by Wheeler Mectrade due to the Customer's breach of any provisions of the Terms and Conditions.

Article 18 Notification of and Changes to Registered Information

If there are any changes to the company name, address, representative, telephone number, fax number, contact person, e-mail address, or other information registered by the Customer, the Customer shall immediately notify Wheeler Mectrade of such change in writing.

In addition to Article 18.1, if (i) the Customer transfers its business to a third party, receive an assignment of a business from a third party, or undergo a merger; or (ii) any of the circumstances set out in Article 17.1 occurs, the Customer shall immediately notify Wheeler Mectrade. In this case, Wheeler Mectrade may, if it deems it is necessary, request consultation with the Customer about whether to continue transactions and the Customer's registration.

If the Customer fails to notify or delays in giving the notice provided in Article 18.1 or 18.2, and the Products and any administrative communications are not delivered to the Customer or such delivery is delayed, Wheeler Mectrade will deem such items to have arrived or been received by the Customer at the time they would normally reach the Customer. Further, the Customer shall pay for all shipping costs in sending such items to its new address, costs incurred in replacing the Products, and any additional fees incurred by Wheeler Mectrade.

Article 19 Governing Law: Jurisdiction / Arbitration

Governing Law:
The Terms and Conditions and any sale or purchase of the Products, and/or the relationship of the Customer and Wheeler Mectrade shall be exclusively governed by and construed in accordance with the laws of Singapore without regard to its conflicts of law principles.

Customers located in Singapore:
In case the Customer's principal place of business is located within Singapore, any claim or dispute arising out of or related to the Terms and Conditions, the sale or purchase of the Products, or the relationship of the Customer and Wheeler Mectrade shall be brought exclusive in the courts of Singapore, and the Customer and Wheeler Mectrade hereby submit to and waive any objections to the exclusive jurisdiction hereof.

Customers located in other countries:
In case the Customer's principal place of business is located outside Singapore, any dispute arising out of or in connection with the Terms and Conditions, the sale or purchase of the Products, or the relationship of the Customer and Wheeler Mectrade, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English.

Debt-collection:
In case that the Customer fails to pay the amount for the Products and all taxes by the due date based on the Payment Term, as specified in Article 10, Wheeler Mectrade may, at its sole discretion, file the lawsuit to collect such payment to the district courts in the location in which the Company is located, based on the laws of the country which the Company is located without regard to its conflicts of law principles.

Article 20 Revisions to Price and Specifications

Wheeler Mectrade may, at its discretion and with or without notification, suspend sales of the Products and/or revise the Product information published in the Catalog and Quotations, including, but not limited to, pricing, delivery period, and/or design specifications of the Products. Should Wheeler Mectrade decide to make notification to the Customer of such Revisions, it may choose the timing, media, and other methods concerning notification at its discretion. Should the Customer order the Products after such Revisions, the Customer will be deemed to have approved such Revisions.

Article 21 Approval to Amend the Terms and Conditions

Wheeler Mectrade may revise, modify, or amend the Terms and Conditions ("Amendments'') at any time, without prior notice, and will set forth such Amendments on Wheeler Mectrade's Internet website (page for Terms and Conditions). If the Customer orders the Products after such Amendments, the Customer will be deemed to have approved such Amendments.

Article 22 Priority of the Terms and Conditions

The Terms and Conditions apply equally to all Customers who purchase from Wheeler Mectrade. The Customer shall fully understand the Terms and Conditions before purchase. If there is any contradiction between the Terms and Conditions and any agreement or other contract separately entered into between the Customer and Wheeler Mectrade (including any agreement terms on order forms used by the Customer), the Terms and Conditions shall take priority.

Article 23 Disclaimer Concerning Internet Services

When the Customer views information or receives the Services or the like by using the website of Wheeler Mectrade (the "Internet Service"), the Customer does so at its own risk and shall do so in accordance with the Terms and Conditions as well as in accordance with the individual Terms and Conditions and regulations pertaining to individual services and with laws and ordinances.

Wheeler Mectrade is working to improve the quality of the information and services it provides through the Internet Service, but does not warrant the safety, reliability, usability, fitness for a particular purpose, newness, legality, ethicality, or imperviousness to computer viruses of, for example, the Products, information, and services provided through the Internet Service, unless caused by Wheeler Mectrade's willful misconduct or gross negligence.

Wheeler Mectrade addresses security matters, such as preventing information divulgence, but asks the Customer to be aware that there is a risk that information might be divulged and that absolute security thereof cannot be completely assured.

Wheeler Mectrade shall not be liable in any way for any damages the Customer incurs in relation to using the Internet Service (including damages caused by undelivered orders made through the website or e-mail), unless such damages are caused by Wheeler Mectrade's willful misconduct or gross negligence.

Wheeler Mectrade shall not be liable in any way for any damages that the Customer incurs as a result of using the Internet Services in a way other than the ordinary way of using it.

Article 24 Temporary and Permanent Discontinuation of Sales & Services

In the event that any of the following occur, Wheeler Mectrade reserves the right to suspend or discontinue, part of, or all aspects of Sales and Services, without prior notice to the Customer.

If an ordering system or equipment is damaged or rendered unusable due to natural disaster (including, without limitation, earthquakes, floods and fires), a power failure or similar event, or damage to the lines of a telecommunication carrier or internet provider or other infrastructure.
If delivery of the Products is impossible due to a natural disaster (including, without limitation, earthquakes, floods, and fires), the enactment or abolishment of a law or ordinance, a labour dispute, or any other unavoidable situation.
If an ordering system or equipment requires repair or maintenance.
If Wheeler Mectrade otherwise believes the suspension or discontinuation of Sales and Services is necessary in relation to the operation of Sales and Services.

Article 25 Prohibited Acts

The Customer may not carry out any of the following acts while using our services:

Register false details in its customer registration.
Carry out an act that would or might interfere with the operation of the Service.
Make an order under another name or a false Customer Name or Number.
Act in a way that would or might be detrimental to another Customer, a third party, or Wheeler Mectrade or cause another Customer, a third party, or Wheeler Mectrade trouble or to incur damages.
Carry out any act that would or might infringe any copyright or other intellectual property right or any right to privacy or other right of another Customer, a third party, or Wheeler Mectrade.
Illegally access to the Website via Internet and falsify information.
Use the Website via Internet to send or post harmful computer viruses or programs or inappropriate content.
Carry out any act that would or might contravene public policy or any law or ordinance.
Carry out any act that Wheeler Mectrade otherwise deems inappropriate.

Article 26 Intellectual Property Right

Without the approval of the copyright holder, the Customer shall not use any of the information provided through our Website beyond the scope of applicable Copyright law.

Wheeler Mectrade assumes no liability whatsoever if any infringement claim arises out of compliance with the Customer's design or specifications or out of any addition to or modification of the Products, or any combination thereof with other products by or under the instruction of the Customer without Wheeler Mectrade's express authorization thereof, or from use of the Products in the practice of process or system specified by the Customer.

The Customer shall indemnify and hold harmless Wheeler Mectrade from and against any claims or damages in connection with problems arising through the Customer's breach of this Article 26.

Article 27 Management of Customer Information

The Customer is responsible for managing its registered Customer Information by updating Wheeler Mectrade with their most up to date information

Article 28 Personal Information

Any personal information of the Customer collected by Wheeler Mectrade will be used for the following matters:
1. to provide corporate information, business information and events by Wheeler Mectrade and its affiliated companies; and
2. to provide Product information or surveys regarding machinery related business or diversified business of Wheeler Mectrade and its affiliated companies.

Wheeler Mectrade will not disclose or provide to a third party any personal information of the Customer obtained, except for the following cases:
1. when disclosed to the courier company or manufacturer who deliver the Products to the Customer or otherwise necessary to provide the Service;
2. when the Customer agrees to Wheeler Mectrade disclosing its details such as its name, address, telephone number, or email address; or
3. when disclosure is required by laws, regulations, or ordinances.

All Personal Information of the Customer shall also be protected in accordance with the Privacy Policy of Wheeler Mectrade provided on its website.

Article 29 Limitation of Liability

In no event shall Wheeler Mectrade and/or the manufacturing and selling companies be liable for any direct, indirect, special, incidental, or consequential damages of any kind, or loss of revenue or profits, loss of business, or other financial loss arising out of or in connection with the ability or inability to use the Products, whether or not caused by or resulting from the negligence of Wheeler Mectrade and/or the manufacturing and selling companies, unless specifically provided herein. In no event shall Wheeler Mectrade's liability hereunder or otherwise arising relative to the sale of the product exceeds, in any event or under any theory or cause of action, the purchase price paid by the customer to Wheeler Mectrade for the product.

Article 30 No Cooling-Off Rule

To the extent permissible by applicable law, no cooling-off period will apply to sales of the Products and Services

Article 31 Information Provision and Product Procurement Service

The Terms and Conditions apply to services other than sale of the Products listed in the Catalog & Quotation, provided that they do not contradict the nature of such services and any terms and conditions provided by Wheeler Mectrade for such services. Wheeler Mectrade may separately stipulate details regarding such services and the Customer shall use such services in accordance with such separate stipulations.

Wheeler Mectrade provides information to the customer based on our current knowledge of the Product concerned, based on data provided by our supplier. This information is provided in good faith to inform and aid in product search and does not constitute any formal or implicit guarantees to its use.

Article 32 Communications with Wheeler Mectrade

Please place orders, give notifications, and make any other communications regarding transactions to Wheeler Mectrade during the business days and business hours of Wheeler Mectrade.
Please contact Wheeler Mectrade regarding any problems with the Products or other technical consultations.

Article 33 Business Day

Wheeler Mectrade may, at its discretion, set the date for performing the Sale or Service (including, without limitation, the date of registration, order, and or delivery). Please be aware, however, that Wheeler Mectrade may change such date without notifying the Customer in advance.

Article 34 Consultation

Any matters not provided for in the Terms and Conditions shall be dealt with in accordance with the spirit of the Terms and Conditions upon consultation between Wheeler Mectrade and the Customer.

Terms and Conditions of Sale

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