Terms & conditions for industrial trading.

These Terms and Conditions (“Terms”) govern your access to and use of the website at giantec.sg (the “Site”) and the supply of products and services by Giant Engineering & Construction Pte Ltd (UEN 202031129W) (“Giantec”, “we”, “us”, or “our”), a company incorporated in Singapore.

By using the Site, submitting a request for quotation, placing an order, or otherwise transacting with Giantec, you (“Customer”, “you”) agree to be bound by these Terms. These Terms apply to all business-to-business (B2B) transactions and supersede any prior agreements, representations or understandings unless varied by a separately signed written agreement between the parties.

If you do not agree with these Terms, please do not use the Site or transact with Giantec.

• “Goods” means the industrial equipment, spare parts, components, machinery, tools, consumables and related items supplied by Giantec.
• “Services” means procurement, sourcing, inspection, expediting, logistics coordination and other engineering trading services provided by Giantec.
• “Order” means any purchase order, order confirmation or written instruction from the Customer to purchase Goods or Services from Giantec.
• “Quotation” means a written quotation issued by Giantec to the Customer in respect of Goods or Services.
• “Incoterms” means Incoterms® 2020 published by the International Chamber of Commerce.

The Site is provided for general informational and business enquiry purposes. Information published on the Site, including product descriptions, specifications, photographs and availability, is indicative only and does not constitute an offer to sell.

You agree that you will:

• Use the Site only for lawful business purposes;
• Not attempt to gain unauthorised access to any part of the Site, our systems or networks;
• Not use any automated means (including scraping, crawling or data harvesting) without our prior written consent;
• Not introduce viruses, malware or any other harmful or disruptive material to the Site;
• Provide accurate, current and complete information when submitting any enquiry, request or Order.

All Quotations issued by Giantec are valid for the period stated on the Quotation, or where no period is stated, for thirty (30) days from the date of issue. Quotations are subject to availability of stock and confirmation by the relevant manufacturer or supplier at the time of Order.

An Order is binding on Giantec only when we issue a written Order acknowledgement or sales contract. Giantec reserves the right to accept, reject or partially accept any Order at our sole discretion.

Once accepted, Orders may not be cancelled, varied or returned without Giantec's prior written consent. Cancellations of confirmed Orders may be subject to restocking fees, supplier cancellation charges and other costs reasonably incurred by Giantec.

Any specifications, drawings, part numbers or technical information provided by the Customer must be accurate and complete. Giantec is not responsible for errors, mismatches or unsuitability arising from incorrect or incomplete Customer information.

Prices are quoted in the currency stated on the Quotation, exclusive of Singapore Goods and Services Tax (GST), withholding taxes, customs duties and any other applicable taxes or levies, which shall be borne by the Customer unless otherwise expressly stated.

Prices are based on costs prevailing at the time of Quotation. Giantec reserves the right to revise prices to reflect material changes in raw material costs, exchange rates, freight charges, duties, taxes or other costs occurring between the date of Quotation and the date of delivery, where permitted by applicable law.

Unless otherwise agreed in writing, payment terms are 100% advance payment by telegraphic transfer prior to shipment. For approved account customers, alternative terms may be granted on a case-by-case basis.

Late payments shall accrue interest at the rate of 1.5% per month (or part thereof), or the maximum rate permitted by applicable law, whichever is lower, from the due date until the date of actual payment. The Customer shall reimburse Giantec for all reasonable costs of collection, including legal fees on a full indemnity basis.

The Customer may not withhold payment, set off any amount, or make any deduction from sums due to Giantec for any reason without our prior written agreement.

Unless otherwise agreed in writing, delivery shall be made on the basis of Ex Works (EXW) Singapore in accordance with Incoterms® 2020. Where alternative Incoterms apply (e.g. FOB, CIF, DAP, DDP), they shall be expressly stated in the Quotation or Order acknowledgement.

Delivery dates and lead times are estimates given in good faith and are not guaranteed. Time shall not be of the essence in respect of delivery. Giantec shall not be liable for any loss or damage (whether direct or indirect) arising from delays in delivery.

Risk in the Goods passes to the Customer in accordance with the applicable Incoterms.

Title in the Goods shall not pass to the Customer until Giantec has received payment in full (in cleared funds) of all sums due in respect of the Goods and any other sums then owing to Giantec by the Customer. Until title passes, the Customer shall hold the Goods on a fiduciary basis as Giantec's bailee, store them separately and clearly identify them as Giantec's property, and insure them adequately.

If delivery is delayed by reason of the Customer's instructions or failure to take delivery, Giantec may store the Goods at the Customer's cost and risk and invoice for the Goods as if delivery had occurred.

The Customer shall inspect the Goods promptly upon delivery. Any claim for shortage, damage in transit or non-conformity must be made in writing to Giantec within seven (7) days of delivery, accompanied by supporting evidence (including photographs and packing documentation).

Failure to notify Giantec within this period shall constitute irrevocable acceptance of the Goods as conforming to the Order.

Goods may not be returned without Giantec's prior written authorisation. Returned Goods must be unused, in original packaging, and shipped at the Customer's cost unless otherwise agreed.

Giantec is an industrial trading company. Goods supplied by Giantec carry the warranty (if any) provided by the original manufacturer of the Goods, on the manufacturer's standard terms. Giantec shall use reasonable endeavours to pass through such manufacturer warranties to the Customer.

Except for the manufacturer's warranty referred to above and to the fullest extent permitted by applicable law, Giantec gives no other warranties, conditions, representations or terms (express or implied, statutory or otherwise) in respect of the Goods or Services, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.

The Customer is solely responsible for verifying that the Goods are suitable for the Customer's intended application. Giantec shall not be liable for any unsuitability of the Goods for the Customer's intended use.

Nothing in these Terms limits or excludes Giantec's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or limited under Singapore law.

Subject to the paragraph above:

• Giantec shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including (without limitation) loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of production, loss of data, business interruption, or wasted management time, even if Giantec was advised of the possibility of such damages;
• Giantec's total aggregate liability arising out of or in connection with these Terms or any Order, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount paid by the Customer to Giantec in respect of the specific Order giving rise to the claim.

Giantec shall not be liable for any failure or delay in performance of its obligations to the extent caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemic, epidemic, government actions, strikes, lockouts, labour disputes, fire, flood, earthquake, supplier failures, transportation disruptions, port closures, customs delays, currency restrictions, sanctions or embargoes (a “Force Majeure Event”).

If a Force Majeure Event continues for more than ninety (90) days, either party may terminate the affected Order by written notice without further liability, save in respect of Goods already delivered or Services already rendered.

All content on the Site — including text, graphics, logos, images, page layout, source code, trademarks and trade names — is the property of Giantec or its licensors and is protected by copyright, trademark and other intellectual property laws.

Nothing on the Site or in any Quotation grants the Customer any licence or right to use any Giantec intellectual property without our prior written consent. Any unauthorised use is strictly prohibited.

Where the Customer provides drawings, specifications, designs or technical data to Giantec, the Customer warrants that it has the right to do so and shall indemnify Giantec against any claim that such materials infringe the intellectual property rights of any third party.

Each party shall keep confidential all non-public information disclosed by the other party in connection with any Quotation, Order or transaction, including pricing, technical specifications, drawings, supplier details and commercial terms.

This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was lawfully in the receiving party's possession before disclosure, is independently developed without reference to the disclosed information, or is required to be disclosed by law or regulatory authority.

This confidentiality obligation shall survive the completion or termination of any transaction for a period of three (3) years.

The Customer shall comply with all applicable laws, regulations and orders relating to its purchase, import, export, re-export, use and disposal of the Goods, including (without limitation) those relating to export controls, sanctions, anti-bribery and anti-corruption.

The Customer warrants that it will not, directly or indirectly, export, re-export, transfer or supply any Goods to any person, entity or destination in breach of applicable export controls or sanctions, or for any prohibited end-use (including any military, nuclear, chemical or biological weapons application).

Without prejudice to any other rights or remedies, Giantec may terminate any Order or suspend further deliveries with immediate effect by written notice to the Customer if:

• The Customer fails to pay any sum when due and the failure continues for more than seven (7) days after written notice;
• The Customer commits a material breach of these Terms which is not remedied within fourteen (14) days of written notice;
• The Customer becomes insolvent, enters into liquidation, has a receiver appointed, makes any composition with its creditors, or ceases (or threatens to cease) to carry on business;
• Giantec reasonably believes that any of the above events is about to occur.

On termination, all sums owing by the Customer to Giantec shall become immediately due and payable.

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Singapore.

Any dispute, controversy or claim arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Arbitration Rules in force at the time. The seat of arbitration shall be Singapore. The language of arbitration shall be English. The arbitral tribunal shall consist of one arbitrator.

Notwithstanding the above, Giantec retains the right to commence proceedings in any court of competent jurisdiction to recover sums owed by the Customer or to obtain injunctive or interim relief.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

• Entire agreement. These Terms, together with the relevant Quotation and Order acknowledgement, constitute the entire agreement between the parties in respect of their subject matter.
• Assignment. The Customer may not assign or transfer any of its rights or obligations without Giantec's prior written consent. Giantec may assign or sub-contract any of its rights or obligations.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver. No failure or delay by Giantec in exercising any right shall operate as a waiver of that right.
• Notices. Any notice shall be in writing and delivered by hand, courier, registered post or email to the address set out on the most recent invoice or Order acknowledgement.
• Third party rights. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any term of these Terms.
• Privacy. Personal data is handled in accordance with our Privacy Policy.

We may update these Terms from time to time. The “Last updated” date at the top of this page indicates when they were last revised. The Terms in force at the date of acceptance of an Order shall apply to that Order.

Questions about these Terms or any specific Order should be directed to: