Terms of Service

1. Definitions

In these terms, the following words carry the following meanings. A definition applies wherever the word appears, whether in the singular or the plural.

• Company means Apex Mechtronix Pte. Ltd., a company registered in Singapore with its service bay at 30 Petain Road, Singapore - 208099, Singapore (SG).
• Customer means the person or organisation that requests a service, places an order or delivers equipment to the bay.
• Equipment means the servo drive, control board, motion stage, encoder, cable loom or other hardware that the customer delivers for service.
• Service means the work described in a quotation or job card, including strip, rebuild, alignment, recalibration, replacement and preventive cycles.
• Job card means the record that accompanies the equipment through the bay and captures intake, diagnosis, work performed, proof and release.
• Release standard means the measured criteria stated in the quotation that the equipment must meet before it leaves the bay.
• Business day means a day other than a Saturday, Sunday or public holiday in Singapore.
• Site means a location other than the bay where the service is performed, usually the premises of the customer.

A reference to writing includes email, a signed quotation and an entry on a job card. A reference to a person includes a company, a partnership and a sole trader where the context allows.

2. Acceptance of Terms

Acceptance occurs when the customer does any of the following: uses the website to send an enquiry, signs or returns a quotation, issues a purchase order that refers to a quotation, or delivers equipment to the bay with an instruction to proceed. Acceptance applies to the version of these terms in force on the date of acceptance.

A customer document that contains its own standard terms does not override these terms unless the Company agrees in writing and signs the document. The Company may accept a purchase order for administrative convenience while still applying these terms to the service, and it will state that position in the order acknowledgement.

Where an authorised representative of the customer accepts these terms on behalf of the organisation, the representative confirms that they have authority to bind the organisation. Where a person accepts on their own behalf, the person confirms that they are at least eighteen years old and legally able to enter a contract.

The Company may amend these terms from time to time. A change applies to a service performed after the change takes effect. A service already scheduled at the time of the change continues under the terms in force when it was accepted, unless the customer agrees otherwise.

3. Scope of Services

The Company provides mechatronics service through six defined lines: servo drive rebuilds, control board refits, motion stage alignments, encoder recalibrations, cable loom replacements and preventive service cycles. Each line has its own station, tooling and release criteria in the bay.

The scope of a particular job is stated in the quotation or the job card. Work outside that scope is not included, even if it appears technically related. Where diagnosis reveals that additional work is needed to meet the release standard, the Company will notify the customer and, where practical, prepare a revised estimate before proceeding. The Company does not start chargeable additional work on a verbal approval alone.

The Company is a service provider, not a manufacturer of the original equipment. It does not warrant that a rebuild will make an obsolete product perform like a current model, and it does not undertake to source parts that are no longer available. Where a part cannot be sourced, the Company will explain the options, which may include a substitute, a refurbished part or a recommendation to replace the equipment.

The Company does not provide design services for new machines unless a separate written agreement covers that work. Advice given during a service, whether in a conversation or in a written report, is provided for the purpose of that service and does not constitute a design approval for any other application.

4. Quotations and Orders

A quotation states the service line, the scope, the release standard, the price, the expected bay time and the validity period. A quotation is valid for thirty days from the date of issue unless it states a different period. After that period the Company may revise the price to reflect current parts costs and availability.

An order is accepted when the Company issues a written acknowledgement. The Company may decline an order where the equipment is outside its competence, where parts are unavailable, where the requested schedule cannot be met or where an earlier invoice from the same customer remains unpaid.

Where an order is placed by email, the acknowledgement is also sent by email. The customer should check the acknowledgement and notify the Company of any discrepancy within two business days. After that period the details on the acknowledgement are treated as agreed.

A quotation that is marked indicative is not a firm offer. An indicative quotation is provided to help a customer plan and is subject to a technical review of the equipment before a firm price is issued.

5. Pricing and Payment

Prices are quoted in Singapore dollars unless the quotation states another currency. Prices exclude goods and services tax where that tax applies, and they exclude freight, insurance and any site allowance unless those items are listed separately.

Payment terms are thirty days from the date of the invoice unless the quotation states otherwise. A new customer may be asked for a deposit before work begins, particularly where parts must be purchased in advance. The deposit is credited against the final invoice.

Where an invoice is unpaid after the due date, the Company may charge interest at one percent per month on the outstanding amount, calculated from the due date until payment. The Company may also suspend further work on any equipment from the same customer while the overdue amount remains unpaid.

A customer that disputes an invoice should notify the Company in writing within ten business days of receipt, setting out the amount in dispute and the reason. The undisputed portion remains payable on the due date. A dispute about one invoice does not entitle the customer to withhold payment of a separate undisputed invoice.

Payment of an invoice is not acceptance of the quality of the work. Warranty rights under these terms are separate from the payment obligation and are described in the warranty section.

6. Customer Obligations

The customer is responsible for providing accurate information about the equipment and the fault. A job that is delayed because a reported fault was inaccurate, or because the equipment model was misidentified, is not a breach by the Company, and any additional diagnostic time may be charged.

Before delivering equipment, the customer should remove any hazardous material, coolant, lubricant or process residue that is not part of the equipment. Equipment that arrives contaminated may be refused, or may be cleaned at the customer cost, with the cleaning charge stated before it is performed.

Where the service is performed on site, the customer is responsible for safe access, a suitable power supply, adequate lighting and the removal of production material from the work area. The customer should also identify any permit to work, induction or security requirement before the technician arrives.

The customer confirms that it has the right to request service on the equipment. Where the equipment is leased or under a third party maintenance contract, the customer is responsible for obtaining the consent required by that arrangement.

The customer should keep a copy of any configuration file, program or parameter set that is stored in the equipment. The Company will make a reasonable effort to preserve such data during a service, but it cannot guarantee recovery of data that was not provided as a backup.

7. Equipment Intake and Storage

Equipment is logged at intake with a serial number, photographs and a description of its condition. The customer receives an intake reference. The intake record is the reference point for any later question about the condition in which the equipment arrived.

The Company stores equipment in a dry and secured area of the bay. Storage is included for the duration of the service and for fourteen days after the customer is notified that the equipment is ready for collection. After that period a storage fee may apply, at the rate stated in the quotation or, where no rate is stated, at a reasonable daily rate.

Equipment that remains uncollected for sixty days after notification may be sold or otherwise disposed of to recover the outstanding charges, after written notice to the customer at the last known address. The Company will apply the proceeds to the outstanding amount and account to the customer for any surplus.

The Company has a lien over equipment in its possession for unpaid charges relating to that equipment. The lien does not extend to equipment that belongs to a different customer.

Risk in the equipment passes to the Company on intake and returns to the customer on collection or delivery. The customer is responsible for insuring the equipment against loss or damage in transit to and from the bay unless a separate written agreement states that the Company provides that cover.

8. Turnaround and Delays

The expected bay time stated in a quotation is an estimate based on the information available at the time. It is not a guaranteed delivery date. A service may take longer where a part is delayed, where diagnosis reveals additional faults, where the customer takes time to approve a revised scope or where the equipment arrives in a condition different from the description.

The Company will notify the customer as soon as it becomes aware of a likely delay and will give a revised estimate. Where a delay is caused by the Company, the customer may discuss a revised schedule, but the Company is not liable for consequential loss arising from a missed production date unless a separate written agreement expressly provides for it.

Where the customer fails to provide information, approval or access that the Company reasonably requires, the schedule is extended by the length of the delay, and the Company may charge for standby time that was reserved and could not be used.

The Company does not accept penalty clauses unless they are agreed in writing and signed by an authorised representative. A standard purchase order term that imposes a penalty without that signature does not bind the Company.

9. Rebuild Standards and Proof

Every service line has a written release standard. A servo drive rebuild is proven against a known motor with a documented soak period. A control board refit is proven by a supply rail check and a functional test in the applicable rack. A motion stage alignment is proven by a measurement before and after correction. An encoder recalibration is proven against a reference scale. A cable loom replacement is proven by continuity, insulation and flex tests. A preventive cycle is proven by the dated record of measured values.

The job card records the readings actually obtained, not the readings in the manual. Where a reading is outside the release standard, the equipment does not leave the bay until the issue is resolved or the customer accepts a documented exception in writing.

A customer may witness the proof run by arrangement. Witnessing does not change the release standard and does not transfer responsibility for the service to the customer.

The release sheet is provided to the customer with the equipment. It is the basis for any later warranty discussion. A customer that loses the release sheet may request a copy from the Company file.

10. Parts and Substitutes

The Company uses new parts wherever they are available and appropriate. Where a new part is unavailable, the Company may offer a refurbished part or a functionally equivalent substitute. The customer is informed before a substitute is fitted and may decline it, in which case the service is completed with the original part where that is safe to do so.

Parts supplied by the customer are not covered by the Company warranty. The Company will fit a customer supplied part with reasonable care, but it does not warrant the part itself and it may decline to fit a part that appears counterfeit, damaged or unsuitable.

Parts removed during a service are retained with the job card for fourteen days and then disposed of, unless the customer asks for them to be returned. A customer that wants the removed parts returned should say so at intake so that the packing can be arranged.

Where a part is subject to a manufacturer lead time, the Company will confirm the lead time in writing. The Company does not commit to a delivery date that depends on a supplier it does not control.

11. Warranty

The Company warrants that its work is performed with reasonable skill and care and in accordance with the release standard for the relevant service line. The warranty period is ninety days from the date of release unless the quotation states a different period.

The warranty covers a defect in the work performed by the Company. It does not cover damage caused by incorrect installation, operation outside the rated conditions, contamination, electrical supply faults, unauthorised repair by another party, normal wear of consumable parts or the failure of a component that the customer supplied.

A warranty claim must be made in writing within the warranty period and must include the job card reference and a description of the fault. The Company will inspect the equipment and, where the claim is valid, repair or replace the affected work at no charge. Where the claim is not valid, the Company will explain the reason and may offer a paid repair.

Replacement or repair under warranty does not extend the original warranty period, except that the repaired item carries the balance of the original period or thirty days, whichever is longer.

The warranty is the exclusive remedy for a defect in the work, to the extent the law allows. It replaces any other warranty, condition or term that might otherwise be implied.

12. Limitation of Liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded by law.

Subject to that, the total liability of the Company in connection with a service is limited to the amount invoiced for that service. Where a service was provided free of charge, the liability is limited to the cost of re-performing the service.

The Company is not liable for loss of profit, loss of production, loss of data, loss of goodwill, business interruption or any indirect or consequential loss arising from a service, a delay or a defect. The customer is responsible for maintaining insurance against those risks.

The Company is not liable for damage that arises from information supplied by the customer, from a condition of the equipment that was not disclosed at intake, or from an instruction given by the customer that the Company followed in good faith.

Where the Company performs work on site, the customer is responsible for the site conditions and for the safety of its own personnel. The Company is not liable for damage to the site that arises from a concealed condition, from interference by the customer personnel or from the operation of equipment that the Company did not service.

13. Intellectual Property

The content of this website, including the text, the layout and the visual design, is owned by the Company or used under licence. A visitor may view the site and print a page for internal reference, but may not copy the content into another website, a brochure or a commercial publication without written permission.

Job cards, test records, trace files and technical reports prepared by the Company remain the intellectual property of the Company. The customer receives a licence to use those records for the operation and maintenance of its own equipment. The customer may share a record with its own maintenance contractor, provided the record is not altered and the Company is identified.

The Company may use the technical knowledge gained during a service to improve its own methods. It will not publish a customer name, a customer photograph or a customer drawing without written permission.

Where the customer supplies a drawing, a program or a configuration file, the customer retains ownership of that material. The Company may hold a copy for the duration of the service and for the warranty period, and will delete it on request after the warranty period ends.

14. Confidentiality

Each party will keep confidential the information it receives from the other in connection with a service, and will use that information only for the purpose of the service. This covers pricing, drawings, production schedules, fault histories and any other information that a reasonable business would treat as confidential.

Confidentiality does not apply to information that is already public, that was lawfully received from another source, that is independently developed without reference to the disclosed information, or that must be disclosed by law or by a competent authority, provided the disclosing party gives notice where it is lawful to do so.

The Company restricts access to customer information to staff and contractors who need it for the service. Contractors sign a confidentiality obligation before they receive access. The obligation survives the end of the service for as long as the information remains confidential.

A customer that wishes the Company to sign a separate non disclosure agreement may send the draft to the intake desk. The Company will review and, where the terms are reasonable, sign before the first confidential document is shared.

15. Health and Safety

The Company operates the bay under a written risk assessment. Technicians wear the personal protective equipment required for the task, use the hoist rail for heavy stages, and follow lock out and tag out procedures before working on energised equipment.

A customer visiting the bay must follow the induction and the instructions of the staff. Visitors are escorted in the workshop. Closed footwear is required. A visitor who is unable to follow the safety instruction may be asked to leave the workshop area, and the visit may be rearranged.

For work on site, the customer is responsible for the safety of the location and for informing the Company of any hazard, permit requirement or restriction before the technician arrives. The Company may refuse to begin work where the site conditions are unsafe, and may charge for the lost visit where the condition was not disclosed in advance.

An incident at the bay or on site is recorded, investigated and reported to the relevant authority where required. Both parties will cooperate with the investigation and will share the findings that relate to the equipment or the work.

16. Cancellation and Suspension

A customer may cancel a scheduled service before work begins by written notice. Where parts have already been ordered, the customer is responsible for the cost of those parts if they cannot be cancelled or returned. Where work has begun, the customer is responsible for the work performed up to the date of cancellation, measured on a time and materials basis where a fixed price cannot be fairly apportioned.

The Company may suspend or cancel a service where the customer fails to pay a due invoice, fails to provide the information or approval needed to proceed, or behaves in a way that endangers staff. The Company will give written notice of the suspension and will resume when the cause is resolved.

Where a service is cancelled after intake, the customer is responsible for collecting the equipment within fourteen days and for the storage fee if the collection is late.

Cancellation of a preventive service cycle requires two business days notice. A late cancellation may be charged at the rate stated in the quotation, because the bay slot could have been given to another customer.

17. Force Majeure

Neither party is liable for a delay or a failure to perform caused by an event outside its reasonable control. Such events include natural disaster, epidemic, war, civil unrest, industrial action, failure of a public utility, a transport disruption and a government restriction.

The affected party must notify the other as soon as it becomes aware of the event and must make reasonable efforts to resume performance. Where the event continues for more than sixty days, either party may cancel the affected service without liability, and the customer will pay for the work already performed and the parts already ordered.

A force majeure event does not excuse a payment obligation that was already due before the event began.

18. Dispute Resolution

The parties will first attempt to resolve any dispute through good faith discussion between the people who dealt with the service. A written notice of dispute should describe the issue, the remedy sought and the relevant job card reference. The other party will respond within ten business days.

Where the discussion does not resolve the dispute within thirty days, the parties may refer the matter to mediation in Singapore before a mediator agreed by both parties. The mediation is confidential and does not prevent either party from taking other steps if the mediation fails.

Nothing in this section prevents a party from applying to a court for urgent relief, such as an injunction to protect confidential information or to prevent misuse of equipment.

The cost of the dispute process is borne by the parties in the proportion the mediator or the court determines. Each party bears its own legal costs unless the law or the decision provides otherwise.

19. Governing Law

These terms are governed by the laws of Singapore. The parties submit to the non exclusive jurisdiction of the Singapore courts, which means that a party may also bring proceedings in another jurisdiction where the law allows and where the enforcement of a judgment would be more effective.

Where a customer is based outside Singapore, the parties confirm that the choice of Singapore law is reasonable because the service is performed in Singapore and the Company is registered there.

If a provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in force. The invalid provision is replaced by a valid provision that achieves the original commercial purpose as closely as possible.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms, because the service relationship is with a business established outside that framework.

20. General Provisions

These terms, together with the quotation and the job card, form the entire agreement between the parties for a service. They replace any earlier discussion, proposal or representation on the same subject, except a representation that was made fraudulently.

A failure by the Company to enforce a provision on one occasion is not a waiver of that provision on a later occasion. A waiver is effective only when given in writing and signed by an authorised representative.

The customer may not assign or transfer a contract to another party without the written consent of the Company. The Company may assign a contract to a successor organisation that continues the service, provided the successor accepts these terms.

Notices are sent to the email address or postal address that each party has most recently provided. A notice sent by email is treated as received on the next business day if it was sent before 17:00 Singapore time on a business day.

The headings in these terms are for convenience only and do not affect the interpretation of a provision. A reference to a statute includes any amendment or replacement of that statute.

Nothing in these terms creates a partnership, a joint venture or an employment relationship between the parties. The Company remains an independent contractor.

21. Contact

Questions about these terms, a quotation, an invoice or a warranty claim should be sent to the intake desk. The same contact details are used for every service matter, so there is one place to look and one number to call.

By email: service@apexmechtronix.autos

By telephone: +12343449628, during the business hours published on the contact page.

By post or in person:

These Terms of Service apply to the website at apexmechtronix.autos and to the mechatronics service activity of Apex Mechtronix Pte. Ltd. at the address above. A copy of the current terms is available on request, and the effective date at the top of this page shows which version is in force.