Terms & Conditions
TERMS AND CONDITIONS OF SALE
In these terms and conditions, the following words shall have the following meanings:
“Customer” means the organisation or person who buys products or services from the Company
“Company” means C. Melchers GmbH & Co., Singapore Branch, an authorised agent for Steinway & Sons, who operate the Steinway Gallery Singapore
“Products” means any piano(s) and related products such as, chairs, electronics, covers or any other products supplied by the Company to the Customer
“Services” means piano tuning, piano repair, restoration, transportation, movement, assessment or any other services related to the Products provided by the Company to the Customer
- The terms and conditions herein apply to the sale of all Products and Services from the Company, whether or not expressly referred to in other documents issued by the Company.
- The Customer certifies that the Customer is over 18 years old and legally capable of agreeing to the terms and conditions herein.
- The Company reserves the right to amend any the terms and conditions herein without prior notice.
- DESCRIPTION OF PRODUCTS
- Any photographs, models, samples, drawings, sizes and/or product description or advertising issued by the Company, and any illustrations contained in the Company’s catalogues, brochures, emails or website, are produced solely to provide the Customer with an approximate idea of the Products described. Actual Products purchased may differ from that shown.
- Some images shown in the Company’s catalogues, brochures, emails or website have been digitally created to illustrate the colour options available from the range. These colours may be affected by the Customer’s monitor and/or printer and therefore may not totally match the finished Product.
- Any description given or applied to the Products is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Customer hereby affirms that it does not in any way rely on any description when purchasing Products.
- PRICE AND PAYMENT
- The price of the Products and Services will be the price indicated on the Invoice. Prices are quoted in Singapore Dollars and include Goods and Services Tax (“GST”) at the current rates. If the rate of GST changes between the date of the Customer’s order and the date of delivery, the Company will adjust the GST to be paid by the Customer, unless the Customer has already paid for the Products and Services in full before the change in GST takes effect.
- Prices do not include the costs of delivery unless agreed in writing by the Company.
- All invoiced sums shall be paid in full in the currency stated in the invoice prior to the delivery of the Products.
- In the event that there is an agreed price of any Products which are to be taken in part exchange (“Trade In Piano”), the Company reserves the right to inspect a proposed Trade In Piano in order to verify the description provided and the valuation which has been placed on the Trade In Piano. In circumstances where the inspection reveals a discrepancy in the description provided by the Customer and the actual condition of the piano, the Company reserves the right to reduce or withdraw the offer to purchase the said Trade In Piano.
- In the event that the Customer makes a deposit payment and the Customer subsequently fails to take delivery or collection of the Products within 60 days of the Company giving notice of delivery or collection to the Customer, the Company reserves the right to cancel the order and retain the deposit payment.
- Payment of Products and Services by the Customer shall be by way of cheque, bank transfer or debit/credit card.
- No cancellation will be accepted from the Customer once an invoice has been confirmed and issued by the Company.
- Cancellation of an invoice will only be effective if received in writing from the Customer and accepted in writing by the Company. Any cancellation agreed by the Company is on the condition that all costs, expenses and losses incurred by the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.
- DELIVERY & COLLECTION
- Should the Company expressly agree in writing to provide the Customer with delivery services, the following shall apply:-
- All delivery times quoted are on an estimated basis only and are not binding. Whilst the Company will make every effort to deliver and collect any Products taken in part exchange (Trade In Pianos) within the estimated delivery time, occasionally deliveries may be affected by factors beyond the Company’s control.
- The Company shall contact the Customer, where applicable to arrange for delivery and to ensure that full payment has been made prior to the Products being delivered. The Company will offer the Customer a delivery time slot.
- If the Customer is not accepting delivery itself, the Customer must notify the Company in advance of a nominated person who will do so. The Customer must ensure that the Customer or a nominated person is available on the day and the point of delivery to sign for the Products. In order to prevent fraudulent activity, the Company may require any nominated person to provide appropriate identification (such as a driving licence or passport).
- The Company shall deliver the Products only to the ground floor of any house/apartment block, unless otherwise agreed in writing by the Company. Any such arrangement may incur an additional charge that the Company shall advise the Customer.
- The Customer shall ensure that on the day of delivery, access to the Customer’s preferred location for the Products is clear and free of any obstruction. If the Customer or a nominated person is not available or the access is not clear and free of any obstruction, the Company shall not deliver the Products. This will result in a re-delivery of the Products and a further delivery charge will be levied against the Customer.
- It is essential that the Company is notified of any possible restrictions to access into the Customer’s home (or any other place where the Products is/are to be delivered) when the Customer places the order so that the Company can perform a risk assessment. In particular, the Customer should consider vehicle access, lifts, staircases and room access and whether windows or doors need to be removed to allow access.
- The Company does not accept any responsibility for damage to the Customer’s property during delivery other than damage due to the Company’s negligence, in which case the Company’s liability will be limited to the repair of that damage with no element of betterment.
- The Company does not accept any responsibility for damage to the Products during delivery unless it is due to the Company’s negligence, in which case the Company’s liability will be limited to the repair of that damage with no element of betterment.
- Delivery of the order shall be completed when the Company delivers the Products to the Customer, evidenced by the Customer signing a “Delivery Note” and activating the warranty.
- The Company does not hold or store Products, therefore if the customer fails to accept the reasonable delivery dates offered by the Company, then unless it is caused by the company’s failure to comply with the terms and conditions herein or y an event beyond the company’s control, the Company will store the Piano until delivery takes place and may charge the Customer a reasonable sum. Any such charges must be cleared before delivery will take place.
- The Customer may, at its own costs and risks collect the Products from the Company’s premises after the Company has notified the Customer that the Products are available for collection (“Collection Notice”). The Customer should provide the Company with at least 48 hours’ notice prior to collection of the Products. The Company shall not be responsible or liable for any acts or omissions in relation to the handling, transportation or delivery of the Products by any third party engaged by the Customer.
The Company shall not accept the return of Products which have been delivered to the Customer, unless the Customer has the right to do so pursuant to the law and/or the terms and conditions in clause 10.2 herein.
- FAILURE TO TAKE DELIVERY
- Unless specifically agreed in writing, the Company does not hold or store Products.
- If the Customer refuses or fails, for any reason whatsoever, to accept or take delivery of (or collect) the Products purchased within 7 days of the Collection Notice, the Company shall at its discretion and without prejudice to any of its other rights, be entitled to raise and charge to the Customer storage fees, storage insurance charges and/or administration charges for the Products, resell or otherwise deal with the Products thereafter in such manner as the Company deems fit. In such event, the Company shall not be obliged to return in part or in whole the deposit payment for the Products received from the Customer.
- The Customer shall indemnify the Company on a full indemnity basis for all costs (including legal fees) incurred by the Company in enforcing its rights hereunder.
- PASSING OF RISK AND TITLE
- Upon acceptance by the Customer’s carrier or upon delivery to the Customer’s premises, or upon the Customer signing the Delivery Note, whichever comes first, all risks in the Products shall pass to the Customer. The Customer undertakes to inspect all Products upon delivery/collection and to immediately notify the Company and the carrier forthwith of any shortage or damage or other deficiency. The Customer will be deemed to have accepted the Products as satisfying its order 48 hours after collection/delivery, and thereafter will not be entitled to reject the Products for any reason.
- Notwithstanding delivery and the passing of risk of the Products, or any other provision in these terms and conditions, title in the Products supplied by the Company shall remain with the Company until all sums due to the Company by the Customer under any account whatsoever have been paid in full, inclusive of but not limited to interest for late payment.
- All Products are supplied with a factory warranty issued by Steinway & Sons, the terms of which are attached.
- In the unlikely event that Products delivered are faulty or do not otherwise conform to these terms and conditions, the following shall take place:
- The Company shall discuss the issue with the Customer and, if necessary, examine the Products prior to the return to the Company. Should the Company agree that the Products are faulty or not as described, the Company reserves the right to discuss with the Customer whether it would be more appropriate to replace or repair the Products in question or provide the Customer with a refund. Should the Company agree with the Customer that the Products should be returned and the Customer should obtain a refund, the Company will notify the Customer of the refund in writing, within a reasonable period of time. The Company will refund the full price of the Products only. Related Services to the Customer, including any applicable delivery charges, after collection and return of the Products, will not be reimbursed. The Company will not charge for collecting the Products from the Customer.
- The Products shall remain the Customer’s responsibility until collected by the Company. The Customer has a duty to take care of the Products.
- The Company will arrange with the Customer a suitable day for collection. Any collection will be from the delivery address unless otherwise agreed in writing by the Company. Is the Customer is not going to be available for the collection itself, the Customer must notify the Company in advance of a nominated person who will be present for the collection. The Customer must ensure that on the day of collection, access to the Products is/are clear and free from any obstruction. If the Customer or the nominated person is not available or the access is not clear and free of any obstruction, the Company will not collect the Products. The Company does not accept any responsibility for damage to the Customer’s property during collection other than damage due to the Company’s negligence, in which case the Company’s liability will be limited to the repair of that damage with no element of betterment.
- In the event that the Customer does not comply with the above obligations, the Company may require payment from the Customer of all costs reasonably incurred by the Company, which may include the costs of wasted collection journeys or the cost of any Products which the Customer has damaged or lost.
- Should the Company agree with the Customer in writing that the Products should be replaced, these terms and conditions will apply to any replacement Products supplied to the Customer by the Company.
- In the event that the Company agrees with the Customer that the Products should be repaired instead of replaced or refunded, the Company will carry out the necessary repair as soon as practicable and at a time and place agreed with the Customer.
- The Company will not be responsible for any defect in Products arising after delivery from fair wear and tear, wilful damage, accident, negligence by the Customer or any third party, use of the Products in a way that the Company or its manufacturer does not recommend, failure to follow the Company’s or the manufacturer’s instructions, or any alteration or repair the Customer carries out without our prior written approval.
- LIMITED LIABILITY
If either the Company or the Customer should fail to comply with the terms and conditions herein, the Company or the Customer shall only be responsible for any losses that the other suffers as a result of those losses which were a foreseeable consequence of the failure to comply with these terms and conditions at the time when these terms and conditions were agreed. In no event will the Company be liable for business losses such as the loss of profits or revenue that the Customer may suffer as a result of any failure by the Company to comply with the terms and conditions herein.
- All notices given by the Customer must be given to the Company in writing.
- The Company shall give notice to the Customer either by the e-mail or postal address provided by the Customer when placing an order.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in Singapore, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
- FORCE MAJEURE
- The Company shall not be liable for any delay or failure in its performance caused by or resulting from events outside the control of the Company. Such events include (but not limited) to acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, national defence requirements, governmental intervention, or any other causes beyond the reasonable control of the Company.
- The Company’s performance under the terms and conditions herein is deemed to be suspended for the period that the event outside the Company’s control continues, and the Company shall have an extension of time for performance for the duration of that period. The Company will use reasonable endeavours to find a solution. Should the event outside the Company’s control continue for a period of more than three (3) months, either party will have the right to terminate any terms and conditions that exists between ourselves forthwith without any further liability to the other party apart from the Company providing the Customer with a refund if the Customer has not received the Products.
The Customer may not transfer or assign all or any party of its rights or obligations under the terms and conditions herein to another person without our prior written consent of the Company. The Company shall be entitled to transfer all or any of its rights and obligations under the terms and conditions herein to another organisation, which will not affect the rights of the Customer.
In the event that any of the provisions of these terms and conditions become invalid, unlawful or otherwise unenforceable under any applicable, in whole or in part, the relevant provision or part-provision shall be excluded. The remaining provisions of these terms and conditions of sale shall remain valid and enforceable.
If at any time, the Company should fail to enforce the performance of any provision in these terms and conditions, it shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver. No waiver by the Company of any of the terms and conditions herein shall be effective unless expressly stated by the Company in writing.
- THIRD PARTY RIGHTS
Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contracts (Rights of Third Parties) Act 2002 (Cap 53B) and any re-enactment thereof, the application of which legislation is hereby expressly excluded
- GOVERNING LAW
These terms and conditions shall be governed and construed in accordance with the laws of the Republic of Singapore, both the Company and the Customer agree that the Singapore Courts shall have jurisdiction for the resolution of any dispute in connection with the terms and conditions herein.