Note regarding use of this document: This terms and conditions (“Warranty”) shall take effect upon registration of the battery (“Product”) provided that you register this Product within 14 days from the purchase date of such Product from an authorised dealer of Toyotsu Binter Automotive Parts Pte. Ltd. within Singapore (“Party A”).

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Capitalized terms used herein but not otherwise defined will have the meaning ascribed to them in Section 6 of this Warranty. Party A and you shall be referred to herein as each a “Party”, and collectively, the “Parties”.

1. Limited Warranty

• • This Warranty gives you limited warranty for the Product as delivered in the original packaging by Party A to you.

• • The Product is warranted from the date indicated on the terminal of the Product and for a relevant period as stated on registration (“Warranty Period”). Unless otherwise specified, this Warranty only covers the defects in material and workmanship of the Product as of its purchase date and is subject to further limitations and exclusions as set forth in Section 2 and 3 below.

• • All Products being submitted for warranty must be returned to the place of purchase or to a Party A-approved distributor for testing and evaluation within 10 business days of tested failure or alleged defect. Onsite services may be available subject to availability and at an additional charge determined at the sole and absolute discretion of Party A. Party A’s liability under this Warranty shall be to replace the defective Product with sufficient service life to cover the remainder of the Warranty Period.

• • Party A may conduct diagnostic tests on such Products being submitted for warranty to determine the cause of failure / defect. Party A’s decision on all warranty claims, including without limitation whether there is a defect in the Product and what remedy to be provided, shall be conclusive and you agree to abide by such decision without dispute.

• • Party A makes no other representations, warranties or guarantees of any kind except those expressly provided in this Warranty, and no such representation, warranty or guarantee given by any other person, firm or corporation with respect to the Product shall be binding on Party A. The Product is intended to be used by persons with training and experience with the Product.

2. Specific Liability Limitations and Exclusions

• • • Notwithstanding that the Product is within the Warranty Period, this Warranty does not cover any of the following situations:
    • any damage to the Product resulting from your negligent actions or omissions (including without limitation, loose wiring, failure to provide reasonable and necessary maintenance, improper installation of the Product, operation of the Product in an overcharged or undercharged condition, use of non-approved connector cables, etc.);
    • any damage to the Product resulting from further use of the Product despite the discovery of a defect;
    • any Product charged by systems other than the original equipment type battery charter or charging systems not approved by Party A;
    • any Product that has been exposed to extreme temperatures,
    • any Product that has its manufacturing date codes destroyed or tampered with;
    • deterioration of any Product by reason of normal wear and tear (including without limitation rust or stains);
    • missing accessories or external parts of the Product, unless such claim is made within 3 days from the purchase date of such Product;
    • general maintenance, routine servicing and cleaning, updating or upgrading of software, installation of additional software or applications, product demonstration, or any other services other than those specified in this Warranty;
    • cost of transportation, shipping fee, service calls, battery installation or recharging of the Product; and
    • any other damage to the Product not resulting from a defect in materials or workmanship of the Product.
    • Any use of the Product outside the product specifications shall render the limited warranties expressed herein and all implied warranties null and void.
    • Any removal of the Product from the vehicle for any reason other than general maintenance or routine servicing in the manner provided in the manner provided by these warranties shall render the limited warranties expressed herein and all implied warranties null and void.

3. General Liability Limitations and Exclusions

(a)    ALL PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED OR PERFORMED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND YOUR USE OF SUCH PRODUCTS IS SOLELY AT YOUR OWN RISK. PARTY A DOES NOT MAKE, AND HEREBY DISCLAIMS, (I) ALL EXPRESS WARRANTIES WITH REGARD TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE PRODUCTS PROVIDED HEREUNDER WILL BE ERROR-FREE, OR COMPLETELY SECURE; AND (II) ANY AND ALL IMPLIED WARRANTIES WITH REGARD TO THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

(b)    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS WARRANTY, IN NO EVENT WILL PARTY A BE LIABLE TO YOU FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF REVENUES (EXCEPT YOU SHALL BE LIABLE FOR ANY FEES OR OTHER AMOUNTS OWED TO PARTY A FOR SUPPLYING THE PRODUCTS TO YOU); (IV) LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR (VI) ANY INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES (IF APPLICABLE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c)     NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PARTY A’S TOTAL LIABILITY TO YOU IN THE AGGREGATE FOR THE ENTIRE TERM (AND REGARDLESS OF WHETHER THE CLAIMS ARE BROUGHT DURING OR AFTER THE TERM) WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO (I) THE SUPPLY OF PRODUCTS TO YOU OR (II) THIS WARRANTY (INCLUDING ATTORNEY’S FEES) WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PARTY A FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM AROSE.  AS A FURTHER LIMITATION, PARTY A’S MAXIMUM LIABILITY FOR ANY CLAIMS RELATING TO PRODUCTS OFFERED OR PROVIDED BY PARTY A FOR A NON-RECURRING CHARGE ONLY SHALL NOT EXCEED THE AMOUNT OF THE FEE FOR SUCH PROVIDED ON THE OCCASION GIVING RISE TO THE CLAIM.

(d)    THE LIMITATIONS SET FORTH IN SECTIONS 3(b)-(c) WILL APPLY TO ALL CLAIMS AND CAUSES OF ACTION, REGARDLESS OF WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY.

(e)    You waive the right to bring any claim against Party A arising out of or in any way relating to the sale of the Products to you or this Warranty more than one (1) year after (i) the original purchase date of the Product or (ii) the termination of any agreement (“Agreement”) in relation to the sale of the Products to you (whichever is earlier). Each Party recognizes and agrees that the warranty disclaimers, limitations of liability, exclusions and remedy limitations set out in this Warranty are materially bargained for by Party A and you and such disclaimers, limitations of liability, exclusions and remedy limitations are reasonable in the circumstances.

Notwithstanding anything to the contrary in these this T&C, you hereby undertake in favor of Party A that you shall fully indemnify Party A against all losses, liabilities, damages, costs (including reasonable legal costs), claims, expenses, demands, actions and proceedings which may be suffered, incurred or made against Party A as a result of or in connection with your such breach of any terms and conditions herein and/or by any negligent act or omission of the Customer.

4. Data Protection 

(a)    Generally, Party A and/or any of its Affiliates shall collect your personal data in any of the following ways:

• • • • • when you purchase the Product;
        • when you request that we contact you;
        • when you are contacted by, and respond to, our marketing representatives and agents;
        • when you interact with our customer services officers;
        • when you establish any online accounts with us;
        • when you respond to our request for additional personal data;
        • when you ask to be included in an email or other mailing list; and/or
        • when you submit your personal data to us for any other reason.

(b)    You consent to Party A or any of its Affiliates collecting, using, disclosing and/or processing data relating to you for the following purposes:

• • • • • to administer the Warranty;
        • to keep you informed by post or telephone about other Party A products and services that may be of interest to you;
        • responding to your queries, requests or complaints;
        • verifying your identity, such as know-your client checks and credit-worthiness checks;
        • preventing, detecting and investigating crime, including fraud and money-laundering, and analyzing and managing other commercial risks;
        • protecting and enforcing our contractual and legal rights and obligations;
        • compliance with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities;
        • verifying and processing your personal particulars and payments in relation to the supply of the Products to you;
        • communicating with you to inform you of changes and developments to Party A’s policies, terms and conditions and other administrative information, including for the purposes of providing the Products to you;
        • resolving complaints and handling requests and enquiries;
        • conducting market research for profiling and statistical analysis for the improvement of our Products offered to you;
        • conducting market research, understanding and determining customer location, preferences and demographics for us to review, develop and improve our products, services and develop special offers and marketing programmes;
        • providing other services, products and benefits to you, including promotions, loyalty and reward programmes, and sending you details of the same which may be of interest to you; and
        • matching personal data with other data collected for other purposes and from other sources (including third parties) in connection with the supply or offering of products and services, whether by Party A, its Affiliates, or other third parties; and
        • processing your personal data in relation to any of the purposes stated above.

(c)     In connection with your consent provided in Section 4b, Party A or any of its Affiliates may disclose your personal data to the following third parties, wherever they may be located:

• • • • • any other Affiliates of Party A;
        • agents, contractors or third-party service providers who provide operational services to Party A, including for the purpose of providing the Products;
        • any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale);
        • our professional advisors such as our auditors and lawyers;
        • relevant government regulators or law enforcement agency to comply with any applicable rules and regulations imposed by such authorities; and
        • any other party to whom you authorise us to disclose your personal data.

(d)    For the purposes of this Section 4, “processing” in relation to personal data shall refer to the carrying out of any operation or set of operations in relation to the personal data, which includes (i) recording, (ii) holding, (iii) organization, adaptation or alteration, (iv) retrieval, (v) combination, (vi) transmission; or (vii) erasure or destruction in accordance with the Personal Data Protection Act 2012.

5. Miscellaneous

• • • Party A reserves the right to amend or modify the terms of this Warranty without giving any prior notice.
    • The terms of this Warranty shall be governed by and construed in accordance with the laws of Singapore.

6. Definition

Affiliate:  As to a Party, means any entity controlling, controlled by, or under common control with such Party, where the term “control” and its correlative meanings, “controlling,” “controlled by,” and “under common control with,” means the legal, beneficial or equitable ownership, directly or indirectly, of more than fifty percent (50%) of the aggregate of all voting equity interests in an entity.