1. DEFINITIONS
"The Last Letters" means the lastletters.com.sg sells products to the Customer as identified in lastletters.com.sg.
"Customer" means the person or legal entity identified in The Last Letters's Order Form.
"Contract" means a contract for sale by The Last Letters to the Customer of the products and/or services incorporating the Terms and Conditions.
"Order Confirmation" means the Order Form which is also formal acknowledgement of Product ordered by Customer, sent by The Last Letters.
"Price" means the price as per The Last Letters Order Form and Order Confirmation and the latter shall have precedence.
"Product(s)" means the products as described in Order Confirmation and may include lastletters.com.sg products, third party products and Service Offerings
"Service Offering (s)" means the different service options offered by The Last Letters for the Products or any part of them and for varying periods, as described in The Last Letters's website, including but not limited to The Last Letters's Invoice and/or The Last Letters's Service Description.
"Third Party Products" means products other than lastletters.com.sg products.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the Customer's order has been accepted by The Last Letters. The Customer warrants that it is buying for its own use only and not on purposes on behalf for person other than the customer itself.
2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither The Last Letters's acknowledgment of an Order Form nor it's failure to object to conflicting, different, or additional terms and conditions in an Order Form shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
2.3 The Last Letters shall not accept from the Customer any letter which is not according to the specifications, bulky, containing drugs or any materials/objects other than letter paper. The Last Letters shall notify the Customer of the rejected item and return the same at the Customer's costs.
2.4 The Contract is solely applicable to the customer who hereby agrees with the Terms & Conditions. The Last Letters accepts no responsibility and liability to the Recipients or any third party who act as the representatives, agents or employees of the customer.
3. ORDERS, PRICE AND PAYMENT
3.1 Unless credit terms have been expressly agreed by The Last Letters, payment for the Products or services shall be made in full before physical delivery of customer's letter.
3.2 Customer shall pay for all postage and handling charges on to-and-fro basis if the customer decides to change the first letter. The Last Letters hereby allows the customer one change of letter per order.
3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
3.4 Unless Customer and The Last Letters have agreed to a different discount, The Last Letters's standard pricing policy for www.lastletters.com.sg shall apply.
4. SPECIFICATIONS
The acceptable envelope sizes and total weight of the letter are:
C5162 x 229 mm or 6 3/8 x 9" A4 folded once = A5
B6125 x 176 mm or 5 x 7" A4 folded in quarters
C6114 x 162 mm or 4 1/2 x 6 3/8" A4 folded in quarters
C6/C5114 x 229 mm or 41/2 x 9" A4 sheet folded in thirds
Total weight of the envelope and letter must not exceed 100 grams.
5. DELIVERY
5.1 The Last Letters shall deliver the customer's last letter to the recipient address designated by Customer and agreed to by The Last Letters ("Place of Delivery").
5.2 The delivery of the last letters are based on the information of the recipient in the Order Form. The Last Letters shall not be liable for any delay in delivery howsoever caused.
5.3 The last letters shall destroy any last letters after 3 attempts to contact the customer and the recipient. lastletters.com.sg shall not be liable for subsequent claim by the customer and the recipient when the customer's last letter is destroyed.
6. SERVICE AND CUSTOMER SUPPORT
In respect of lastletters.com.sg Products, The Last Letters will provide general service and customer support in accordance with the then-current service and customer service support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on The Last Letters's invoice, The Last Letters will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between The Last Letters and Customer. The Last Letters has no obligation to provide service or support until The Last Letters has received full payment for the Product or service/support contract for which service or support is requested.
7. LIABILITY
7.1 The Last Letters shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
7.2 To the extent permitted by law and subject to clause 7.6. The Last Letters's total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable total price paid for the purchase of Products and/or services under the Contract.
7.3 The Customer shall indemnify The Last Letters and keep The Last Letters fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
7.4 To the extent permitted by law, The Last Letters and Customer agree that The Last Letters will not be liable for Products not being available for use, or for data which is lost, corrupted, deleted or altered. Any service times stated by The Last Letters in service contracts are approximate only. The Last Letters shall not be liable to the Customer for a) any incidental, direct or indirect, special or consequential damages to properties and lives , b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of personal or business interruption, i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Products or services, even if The Last Letters has been advised of their possibility.
7.5 To the extent permitted by law, any typographical, clerical or other error or omission in www.lastletters.com.sg, Order Form, quotation, price list, acceptance of offer, invoice or other documents or information issued by The Last Letters shall be subject to correction without any liability on the part of The Last Letters.
7.6 Where under any applicable law, implied Terms and Conditions cannot be excluded, The Last Letters's liability for breach of such Terms and Conditions shall be limited, at The Last Letters's option, to:
(a) in the case of Products, the replacement of the Products or the supply of equivalent Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products replaced.
8. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore and shall be subject to the non-exclusive jurisdiction of the courts of Singapore.
10. GENERAL
10.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of The Last Letters. Any such unauthorized assignment shall be deemed null and void.
10.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
10.3 Save as expressly provided herein, these Terms and Conditions shall not be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
10.4 No Waiver. No failure or delay on The Last Letters's part in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
1 January 2009 Revised Edition
