Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE IN PROJECTIAL PTE. LTD

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS SITE

This document sets forth the terms and conditions (the “Terms”) governing all agreements between a site user (“you” or “Buyer”) and Projectial Pte. Ltd (“Projectial” or “Seller”) for the purchase and sale of any of the products advertised for sale (the “Products”) on this web site (the “Site”). Your placement of an order is construed as an offer to purchase Products, and indicates your assent to these Terms. Projectial's acceptance of your offer to purchase Products is expressly made conditional upon your assent to these Terms. Any terms proposed by you that add to, vary from, or conflict with these Terms are hereby objected to and shall be void. Projectial reserves the right to make changes to this Site and these Terms at any time. Your individual purchases will be governed by the Terms that were posted on this page as of date you placed your order. If you do not agree to these Terms, do not make any purchases of Products on this Site.

Inspection

Projectial reserves the right (without being obligated to do so) to inspect and/or test all Goods and Services covered by this Purchase Order at any time during or after manufacture or fabrication thereof and at any place where such manufacture or fabrication is carried on. Seller shall inspect all of the Goods prior to shipment. Projectial may reject and/or return, at Seller’s expense, any Goods or Services found by Projectial to be defective, non-conforming or not in compliance with the Purchase Order or these terms and conditions. Seller shall bear all risks after notice of rejection and shall be liable for all damages that are caused by such defective or non-conforming goods. Projectial's right to exercise any remedy shall not be waived or otherwise adversely affected by Projectial's unloading, accepting, making payment for or using non-conforming goods.

Indemnification

Seller shall defend, indemnify and hold harmless Projectial, and its subsidiaries and affiliates, officers, directors, employees, agents, customers, users, and their respective successors and assigns from and against any and all claims, losses, liabilities, damages and expenses of any nature (including reasonable attorneys’ fees) arising out of or in connection with: (a) Seller’s performance of, or failure to perform, any of its obligations hereunder or under the Purchase Order, including without limitation Seller’s breach of any warranty given herein; (b) any claim of infringement or violation of any trademark, copyright, patent or other intellectual property right relating to any of the Goods or Services; (c) any product liability or other claim or action with respect to any of the Goods or Services or any products produced from or containing the Goods or Services, except to the extent such claim or action is a direct result of Projectial negligence or wrongful acts or omissions; (d) Seller's or the Goods' or Services' failure to comply with applicable laws or (e) Seller's negligent or wrongful acts or omissions. Seller shall obtain authorization from Projectial before settlement is made of the claims, losses, liabilities, damages and expenses, suit or action if, the terms of such settlement could materially affect Projectial.

Confidentiality

All specifications, data, and other non-public information supplied by Projectial, shall be held in confidence by Seller. Such information shall not be reproduced, used, or disclosed to others by Seller without Projectial's prior written consent, and shall be returned to Projectial upon the completion of Seller's obligations under the Purchase Order or upon Projectial's demand. Seller shall not, without Projectial's prior written approval, disclose or permit to be disclosed any information contained in or related to the Purchase Order to any person to whom such disclosure is not necessary in connection with the performance of the Purchase Order. All property furnished hereunder by Projectial shall be maintained in confidence, shall remain Projectial's property and, together with all copies thereof, shall be returned to Projectial or destroyed as Projectial may direct. Not by way of limitation to the foregoing, Seller shall not use the name, trade name, trademarks, trade dress or service marks owned by Projectial or its affiliates, or logos of Projectial or its affiliates in any publicity releases, news releases, annual reports, product packaging, signage, stationery, print literature, advertising or websites without securing the prior written approval of Projectial. Seller shall not, without prior written consent of Projectial, represent, directly or indirectly, that any product or service offered by Seller has been approved or endorsed by Projectial or its affiliates.

Limitation of Liability

In no event will Projectial or its subsidiaries or affiliates be liable for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages.

Warranties

Warranties available for the products are all specified under each product description. For the warranty applicable to a specific Product, please visit Service & Support on the Site and click on the specific Product for additional warranty and support information. The software included with any Product is subject to the license agreement that is part of the package. NO WARRANTIES ARE PROVIDED HEREIN IN ADDITION TO ANY WARRANTIES THAT MAY APPLY TO A PARTICULAR PRODUCT, AND UNLESS OTHERWISE SPECIFIED IN A WARRANTY FOR A PARTICULAR PRODUCT, ALL PRODUCTS ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Remedy

In the event that a Product purchased under these Terms fails to perform as warranted, Buyer’s exclusive remedy, and Projectial's sole liability therefore, shall be, at Projectial's option, the repair or replacement, of any defective Product or return of the purchase price. A Product repaired or replaced under warranty will be further warranted only for the remainder of the warranty period. Repair parts and replacement Products will be either reconditioned or new. If a Product is found not to be defective or the defect not covered by the warranty, Buyer will be responsible for the reasonable and necessary costs of Projectial testing and repair at then current rates. Projectial accepts no liability with respect to any software or data contained in any Product or part returned to Projectial for repair or replacement. Buyer agrees that the disclaimers and liability limitations contained in these Terms shall remain in effect even if an exclusive remedy is determined to fail of its essential purpose.

Compliance With Law

Seller shall comply with all applicable laws and governmental regulations which may in any way affect or be applicable to the Goods, the Services or Seller’s performance hereunder, including without limitation any applicable requirement under the Toxic Substances Control Act (the "TSCA"), the Fair Labor Standards Act, and laws concerning environmental protection and occupational health and safety. In particular, (a) Seller hereby agrees to incorporate in each invoice covering the Goods, a certification that the Goods covered by the invoice were produced in compliance with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and with all relevant regulations and orders of the Singapore Department of Labor issued under Section 14 thereof, and (b) Seller warrants that (i) all Goods delivered hereunder and all work performed and activities undertaken on Seller's premises, including the equipment used therefor, shall comply with applicable standards promulgated under the Occupational Safety and Health Act of 1970, as amended, and regulations adopted thereunder, (ii) the nondiscrimination clauses contained in Section 202 of Executive Order 11246, as amended, relative to equal employment opportunity, and the implementing rules and regulations of the Office of Federal Contract Compliance, including all applicable Federal Acquisition Regulations ("FAR") clauses or DOD FAR Supplement clauses that are required by the Singapore Government to be inserted into subcontracts will be deemed to be incorporated by reference into this Purchase Order, (iii) in accepting the Purchase Order, Seller assumes responsibility for testing, process control, labeling and other requirements of the Singapore Consumer Product Safety Commission and/or other regulatory agencies or laws, and is responsible for reporting product hazards in accordance with Section 15 of the Consumer Product Safety Act, Public Law 92-573, (iv) any food, drug, or cosmetic supplied pursuant to the Purchase Order is not at the time of shipment adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act of 1938, as amended and (v) all Goods which are chemical substances and all chemical contained in the Goods, shall be, at the time of the sale and Projectial's receipt, on the then current list of chemical substances published by the Administrator of the Environmental Protection Agency pursuant to Section 8 of the TSCA and in compliance with all other rules and regulations of the Environmental Protection Agency. Not by way of limitation to the foregoing, Seller hereby certifies that all Goods constituting or containing chemical substances subject to the TSCA (including substances which Seller does not make or import) are correctly listed on the TSCA Chemical Substances Inventory, 15 USC 2601 et seq. and regulations thereunder, or else comply with an exemption to such Inventory listing. Seller shall inform Projectial in advance of any TSCA restrictions known to it governing the use and disposal of the Goods, including, but not limited to, any proposed or final Significant New Use Rule restrictions. For any promotional, marketing or advertising materials, Seller shall conduct a trademark and copyright clearance process.

DISCLAIMER. IN NO EVENT SHALL PROJECTIAL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Not withstanding any other provision hereof, in no event shall Projectial's total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to Projectial by Buyer for the Product(s) giving rise to the liability. In no event shall Projectial be liable for the costs of procurement of substitute good or services.

Therefore, by agreeing with the terms and conditions, I have also agreed and understood the payment, return and shipping policies that are stated in the website as well.