Q. Terms for Bulk Purchase

1. Sale of Goods
Buyer desires to purchase goods from UQSG (“Goods”) via
UQSG’s online bulk purchasing form. All products purchased via said form shall be subject to these Terms. A contract for the bulk purchase of the Goods set forth in said order form shall be formed following UQSG’s receipt of Buyer’s order and subsequent issuance of an order confirmation to Buyer.

2. Purchase Price; Invoices; Payment
The purchase price of the Goods shall be inclusive of Goods and Services Tax (“GST”). The Buyer is responsible to pay the GST. The Buyer shall make payment of the Goods upon receipt of the tax invoice. Full advanced payment is required before delivery/collection.

3. Delivery/Collection of the Goods
After Payment is made and payment proof provided, Goods will be delivered or available for collection as indicated in UQSG’s email confirmation to Buyer.

4. No Resale
4.1       The Buyer must not engage in re-resale or other acts of purchasing the Goods for the purpose of making profits, and/or for any commercial purposes.

4.2       The Buyer shall indemnify UQSG for any and all losses, claims, damages, liabilities and related expenses, including the reasonable fees and disbursements of counsel arising out of, in connection with or as a result of, any breach of clause 4.1.

5. Disclaimer of Warranty; Due Diligence
UQSG disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made.

6. Exchange and Refunds
6.1       All Goods sold under these terms are bulk purchases and the usual return & exchange policy shall not apply.  Goods sold under these terms are non-refundable and non-exchangeable. In the event that the Goods are found to have manufacturing defects, they can be exchanged within thirty (30) days from the date of delivery/collection subject to the following conditions:
(i) the tax invoice is available; and
(ii) the Goods are in the new and original condition with price tags and stickers attached.
6.2       For the avoidance of doubt, exchange under the clause 6.1 shall only be valid within the jurisdiction of Singapore. UQSG reserves the right to make the final assessment and decision on manufacturing defects and exchanges.

7. Intellectual Property Rights
7.1       UNIQLO and the UNIQLO Logo are trade marks of UQSG and/or its parent/affiliated companies (“Trade Marks”). All materials on the UNIQLO website and/or any other medium, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (“Content”) are owned by or licensed to UQSG and/or its parent/affiliated companies. The Buyer must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of UQSG and/or its parent/affiliated companies, or as permitted by law. All rights of UQSG and/or its parent/affiliated companies are reserved.
7.2       Anything in this Contract, any written document or anything spoken by UQSG prior to the date of this Contract that could be taken (impliedly or expressly) to confer or grant any rights in relation to the Content or Trade Marks shall be void and of no effect. The Buyer agrees to indemnify UQSG for any loss or damage UQSG incurs, or any commercial benefit the Buyer or any third party makes, from the Buyer's breach of this clause.

8. Limitation of Liability
UQSG shall not be liable for any indirect, special, consequential, or punitive damages (including lost of profits) arising out of or relating to this Contract or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether UQSG has been advised of the possibility of any such damage. In no event shall UQSG’s liability to the Buyer for all claims arising out of or as a result of this Contract exceed the price the Buyer paid to UQSG for the Goods.

9. Limitation of Actions
No action arising out of or relating to this Contract or the transactions it contemplates may be commenced against UQSG more than 12 months after the basis for such claim could reasonably have been discovered.

10. Force Majeure
UQSG shall not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond UQSG’s reasonable control.

11. Recovery of Expenses
In any adversarial proceedings between the Parties arising out of this Contract or the transactions it contemplates, the prevailing Party will be entitled to recover from the other Party, in addition to any other relief awarded, all expenses that the prevailing Party incurs, including legal fees and expenses.

12. Confidentiality
Each Party (the “Receiving Party”) shall keep in strict confidence all confidential information obtained from the other Party (the “Disclosing Party”) (the “Confidential Information”), and shall not, without a prior written consent of the Disclosing Party, disclose or leak the Confidential Information to a third party or use the Confidential Information for any purposes other than that specified in this Contract; provided, however, that the Confidential Information shall not include information which (a) is already public knowledge at the time of disclosure, (b) is already lawfully possessed by the Receiving Party at the time of disclosure, (c) is made public after disclosure due to a reason not attributable to the Receiving Party, (d) is, following disclosure by the Disclosing Party, obtained legally without confidentiality obligations from a third party with valid authority to disclose such information, (e) is independently developed by the Receiving Party. 

13. Entire Agreement
 This Contract constitutes the entire agreement between the Parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the Parties.

14. Governing Law and Designation of Forum
This Contract shall be governed by and construed in accordance with the laws of the Republic of Singapore (without giving effect to its conflicts of law principles). The Parties hereby agree that the courts of Singapore shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with this Agreement.

15. Right of Third Parties
Other than the Buyer, UQSG and UQSG’s parent/affiliated companies, no other person has a right to benefit under or to enforce any term of this Contract under the Contracts (Rights of Third Parties) Act (Cap 53B) or otherwise.
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