THE FOLLOWING TERMS AND CONDITIONS (SUPPLEMENTED BY THE TERMS & CONDITIONS OF SERVICE SET OUT IN THE RELEVANT REPAIR ORDER) APPLY WHEN YOU SERVICE YOUR SELF/PARALLEL IMPORTED BMW MOTORCYLE (“PARALLEL IMPORTED MOTORCYCLE”) AT PERFORMANCE MOTORS LIMITED (THE “COMPANY”):
1. The term "Customer" shall mean the person who is the registered owner of the Parallel Imported Motorcycle or the duly authorised servant or agent of the registered owner.
2. The term "Works" herein shall mean all work carried out or materials supplied by the Company pursuant to the Repair Order for the Customer, including, without limitation, all parts, components, accessories, repairs, maintenance, supply of labour, and specialised tools.
3. A non-refundable registration fee of S$8,000 applies to each new registration of a Parallel Imported Motorcycle with the Company. Customers will be notified by post of the outcome of their registration applications, which shall be determined by the Company at its sole discretion, and Works can only commence after registration is successfully processed.
4. All applicants must submit the following documents to the Company:
a. Vehicle sales invoices from an authorised BMW importer or dealer from the country of origin (where applicable); and
b. Service booklet and service invoices (where applicable), to prove that an authorised BMW importer or dealer has carried out all maintenance as per the recommendations of Bayerische Motoren Werke AG (the “Manufacturer”).
5. By requesting the Company to carry out the Works, including warranty works as provided by the Manufacturer's warranty, the Customer authorises the Company to take all actions that the Company considers necessary or desirable to carry out and complete the Works. The Customer may not withdraw a request for the Works to be carried out or call for the Works to cease before completion unless the Company otherwise agrees in writing. The Company may order such items, including replacement parts, manuals, or special tools, to carry out the Works. The Customer agrees to bear and pay in advance the full costs for such items, including freight and taxes. Unless otherwise agreed to by the Company in writing, the title to such items (save for replacement parts prepaid by the Customer) shall not pass to the Customer and shall remain with the Company.
6. The Customer shall bear all applicable taxes (Governmental or otherwise)at the point in time when the Works are complete.
7. The Company shall use its best endeavours but shall not be obliged to assist the Customer in processing the warranty claim under the Manufacturer's warranty terms and conditions.
You agree that the Company shall not be liable to you in any way for any dispute over the scope of the Manufacturer's warranty terms and conditions, refusal to process the claim or for any time delay in processing such claims.
8. The acceptance of the Customer's request for the provision of the Works shall be at the sole discretion of the Company. The Company may, at any time and for any reason whatsoever, cease or refuse to provide or continue to provide the Works.
9. The Customer warrants to the Company that he has the authority to request the Company to carry out the Works. Where the Customer is acting as an agent in requesting the provision of the Works, the Customer agrees to be jointly and severally liable with their principal for all amounts payable to the Company arising out of the Works.
10. Although the Company will try to comply with estimates concerning the time of completion of the Works, the Company shall not be responsible for any delay whatsoever or howsoever occurring, including but not limited to those arising out of fire, flood, storm, breakdown of equipment, absence of necessary personnel, interruption of any public utility service, non-availability of spare parts, or any other cause whatsoever.
11. The Company shall provide a 7-day warranty (commencing from the date the Customer collects the Parallel Imported Motorcycle from the Company) in respect of its workmanship. SUCH WARRANTY SHALL BE EXCLUSIVE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. In no event shall the Company be liable in contract, tort, negligence, or otherwise for any loss or damage (including any consequential, indirect, special, or economic loss or damage) which arises out of or in connection with the Works, including, without limitation, any negligence or omission on the part of the Company, its employees, agents, servants, or subcontractors. In any event, the entire liability of the Company for any claim of any nature in respect of the Works shall be limited to the sums charged or chargeable by the Company in respect of the Works. The aforesaid exclusions and limitations shall not apply in respect of personal injuries or death which cannot be excluded by law.
12. The Customer agrees to pay the full invoiced price, plus all other amounts payable to the Company under these terms and conditions and/or the Repair Order, relating to or arising out of the Works, before the Customer collects the Parallel Imported Motorcycle. The Company reserves the right to retain physical possession of the Parallel Imported Motorcycle pending the payment of the amounts owing to the Company. Unless otherwise agreed in writing by the Company, if the Customer fails to pay the full invoiced price of the Works within the period stated on the Company's invoice, the Customer shall be liable to pay interest on the amount at the rate of 1% per month (or part thereof) from its due date for payment until the amount outstanding (plus interest) has been paid in full.
13. Without prejudice to Clause 12 above, before making payment, the Customer must inspect the Works and satisfy themselves that the Works have been carried out in a proper and satisfactory manner. Unless notice to the contrary is given to the Company immediately after inspection of the Parallel Imported Motorcycle as aforesaid, the Customer is conclusively deemed to have acceptedthat the Works have been carried out in a proper and satisfactory manner. Thereafter, the Company shall not be liable for any claims of unsatisfactory workmanship or claims of damage caused during the Works.
14. No attempted or purported variation of these terms and conditions shall be effective unless the Company accepts such variation in writing, which expressly refers to the variation or amendment.
15. The Customer shall collect the Parallel Imported Motorcycle within 48 hours from the time the Company notifies the Customer (whether orally or otherwise) that the Parallel Imported Motorcycle is ready for collection. In the event that the Customer fails to collect the Parallel Imported Motorcycle within the 48 hours, the Customer shall, in addition to the costs of the Works owing to the Company, pay all storage charges at a rate to be determined by the Company, provided always that the Customer shall not, under any circumstances, hold the Company liable for any loss of or damage to the Parallel Imported Motorcycle, its contents or accessories, or for any deterioration in the quality of the Parallel Imported Motorcycle arising from such storage. In the event that the Customer fails to collect the Parallel Imported Motorcycle for more than 14 days, the Company shall be entitled, at its absolute discretion, to dispose of the Parallel Imported Motorcycle and deduct, from the proceeds of disposal, the Company's costs in connection with the disposal as well as all other monies owing to the Company.
16. To the fullest extent permitted by law, the Customer shall indemnify and keep the Company fully indemnified from and against all claims, demands, actions, suits, proceedings, liabilities, damages, losses, fines, penalties, costs, and expenses of any nature whatsoever (including legal costs and expenses on a solicitor and client basis), whether incurred by or made against the Company, arising out of or in connection with:
(a) any breach by the Customer of these terms and conditions and/or the Repair Order;
(b) any act or omission of the Customer and/or its employees, agents, and/or representatives;
(c) the Company’s enforcement, recovery, or attempted recovery of any sums payable by the Customer or its repossession or attempted repossession of the Parallel Imported Motorcycle.
To the fullest extent permitted by law, and provided that this indemnity shall not apply to the extent any loss is caused by the negligence or default of the Company the Customer further agrees to indemnify and hold harmless the Company, its employees, agents, and representatives from and against any and all third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, fines, penalties, costs, and expenses of any nature whatsoever (including legal costs and expenses on a solicitor and client basis) made against the Company, arising out of or in connection with the injury or death of any person or damage to, destruction of, or loss of use of property directly or indirectly resulting from the Works, storage of the Parallel Imported Motorcycle, or any other matters related to the Parallel Imported Motorcycle.
17. In the event of any inconsistency or conflict between these terms and conditions and any subsequently issued document, including but not limited to any Repair Order and its accompanying Terms & Conditions of Service, these terms and conditions shall prevail and take precedence. The parties expressly agree that no subsequently issued document, whether signed or unsigned, shall amend, supersede, or replace any provision of these terms and conditions unless such amendment is expressly stated to amend these terms and conditions and is signed by authorised representatives of both parties. For the avoidance of doubt, any ‘entire agreement’ or similar clause contained in any subsequently issued document shall not supersede, limit or otherwise affect the continued application and priority of these terms and conditions.
18. A person who is not a party to these terms and conditions or the Repair Order shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the said terms.
19. These terms and conditions shall be governed by and construed in accordance with the laws of Singapore for the time being in force. The Customer and the Company hereby irrevocably submit to the jurisdiction of the Singapore courts.