In these conditions “BioPak” means Biopak Sustainable Solutions Pte Ltd, “Customer” or “You” refers to the person or company to whom the Products and/or Services are sold or supplied.
“GST” means the Goods and Services Tax assessable under the GST Law; “GST Law” means a Tax System (Goods and Services Tax Act) 1993 and all associated legislation, subordinate legislation and administrative rulings, “Products” includes disposable food service items and packaging “Supplier” means a supplier of Products to BioPak.
The following are the terms on which BioPak will supply, and Customer must acquire Products.
1.1 You may order the Products from BioPak from time to time by completing, executing and sending to BioPak a purchase order “Order”. An Order can also be placed via telephone and the signed proof of delivery will confirm the Order. In placing an Order, Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, the Terms of Supply will govern to the extent of any inconsistency.
1.2 The supply of Products by BioPak to You is subject to the Suppliers’ ability to supply enough quantities and types of Product to BioPak.
1.3 Home Deliveries – BioPak can only deliver to a private residence on the following terms:
1.3.1 You explicitly give BioPak authority to leave the goods in the safest possible place which you must specify when ordering in case no-one is present at the time of delivery. If nothing is specified, then BioPak will authorize their Shipping Provider to leave it in the best possible place.
1.3.2 BioPak is not responsible for the safety of the Products and both BioPak and You accept the Shipping Providers confirmation as absolute confirmation that the goods have been delivered.
1.3.3 Should for any reason, the Shipping Provider not be able to leave it in a safe place and they take it back with them, you will be liable for a redelivery fee as charged by the Shipping Provider. Please note: All PLA cold cups, straws, deli bowls & lids are extremely heat sensitive. These products should not be left outdoors. If you are unable to immediately move these products indoors after delivery, we recommend you make alternative arrangements. BioPak will not accept responsibility should these products be damaged due to heat exposure as a result of them being left unattended.
2.1 The purchase price of Products is as set out in BioPak’s most recent price list, quotation, facsimile, email or quotation at the time You order Products from BioPak. Freight, handling and insurance costs (if applicable) are in addition to the purchase price and will be shown separately on BioPak invoices.
2.2 BioPak may alter prices with 30 days notice to Customer.
2.3 BioPak will invoice You for amounts due at the times specified in the Order, specifying how those amounts are calculated.
2.4 You must pay BioPak within 30 days.
2.5 BioPak will, in its sole discretion, issue you a credit limit and terms for payment which may differ to the requested terms. You undertake to trade within these terms.
2.6 BioPak may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at the interest rate charged by the prevailing bank used by BioPak at the point of transaction to its prime commercial customers on the due date.
2.7 Customer must reimburse BioPak for any expenses and charges incurred by BioPak in attempting to recover from Customer any overdue amounts, including without limitation, debt collection and legal fees.
3. Cancellation charges
3.1 If BioPak becomes liable to pay a Supplier’s cancellation or rescheduling fee due to Customer cancelling an Order, then BioPak may recover those fees from the Customer.
4. Stock Returns for Credit
4.1 Products can only be returned to BioPak for credit within 7 days from the invoice date even if BioPak is at fault. If BioPak is not at fault and the customer wishes to return product, subject to the rest of this clause 4 being adhered to, the customer will:
4.1.1 Pay the cost of freight of the goods both to them and back to BioPak, as well as a $5.00 per carton restocking/administration fee if returning for Credit; OR
4.1.2 Pay the cost of freight of the goods back to BioPak if returning for credit and then received a replacement item of the same quantity
4.2 Returned products can only be credited at the value equivalent to the current market value of the products.
4.3 Damaged goods are not eligible for return. Products to be returned must have a return authorization (RA) number clearly visible on the outside of the package (NOT on original carton), and the product must be unopened and in a re-sellable condition acceptable by BioPak. Any goods that have been written on or defaced by You or your courier will not be eligible for return. BioPak only accepts complete cartons with no items missing. BioPak does not accept for credit sleeves of products nor individual items.
4.4 Approved product returns must be returned to BioPak within 10 business days of the RA number being issued or the goods will be declined and returned to you.
5.1 BioPak warrants that all Products supplied are fit for purpose.
5.2 Should any Products not meet the Customer requirements for this purpose, then BioPak will replace the Products at no cost to the Customer or provide the Customer with a full refund at the Customers preference.
6. Risk and title
6.1 Ownership of any products and packaging delivered remains vested in BioPak until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. In the event that any amount is due, owing and payable, BioPak shall be entitled to enter upon any premises where the products previously supplied by BioPak are located and remove from such premises and take possession of any such products at invoice value in satisfaction of any and all unpaid amounts which are due, owing and payable at that time by You to BioPak. There shall be no requirement whatsoever on the part of BioPak to identify any specific stock item to any unpaid invoice.
7.1 The Customer indemnifies the Supplier, and its officers, employees and agents, for any loss suffered or incurred by the Supplier, or its officers, employees and agents (as applicable), in respect of: any claim or action by any person arising from any breach of any material provision of this Agreement by the Customer; except to the extent the loss is caused or contributed to by a negligent act or omission of the Supplier, or its officers, employees or agents. This indemnity survives the expiry or termination of this Agreement.
7.2 The Supplier indemnifies the Customer, and its officers, employees and agents, for any loss suffered or incurred by the Customer, or its officers, employees and agents (as applicable), in respect of: any claim or action by any person arising from any breach of any material provision of this Agreement by the Supplier; and except to the extent the loss is caused or contributed to by a negligent act or omission of the Customer, or its officers, employees or agents. This indemnity survives the expiry or termination of this Agreement.
8. Determination of Contract
8.1 We shall be entitled to immediately determine this contract if
8.1.1 you are in breach of any of the conditions;
8.1.2 execution is levied on your property;
8.1.3 you make any arrangement or composition with your creditors or commit any act of bankruptcy or proceedings in bankruptcy are commenced against you or, if you are a company, any resolution or application to wind up is passed or presented against you or a receiver and manager or receiver or administrator is appointed;
8.2 In these terms and conditions of sale “act of bankruptcy” shall be deemed to include entering into a composition and the execution of a Deed of Assignment or Deed of Arrangement.
9. Personal Data Protection Act
9.1 This Data Protection Notice (“Notice”) sets out the basis which BioPak may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organizations which we have engaged to collect, use, disclose or process personal data for our purposes.
9.2 We may collect and use your personal data for any or all of the following purposes:• Performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;• Verifying your identity;• Responding to, handling, and processing queries, request, applications, complaints, and feedback from you;• Managing your relationship with us;• Processing payment or credit transactions;• Sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, memberships and rewards schemes and other promotions;• Complying with any applicable laws, regulations, code of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;• Any other purposes for which you have provided the information;• Transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and• Any other incidental business purposes related or in connection with the above
9.3 We may disclose your personal data:• Where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or• To third party service providers, agents, and other organizations we have engaged to perform any of the functions listed in clause 10 above for us.
9.4 The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
9.5 The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
9.6 Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
9.7 Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be able to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause x above.
9.8 Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.