Terms and Conditions
 
Terms of Use
 
ONG Market welcomes you to this Website and is grateful for your interest in its services. Your access to and use of the Website is subject to the terms and conditions of use, set forth below (the “Terms of Use”) and all applicable laws. Please read the Terms of Use carefully.

1. Definitions
‘Website’: the website www.ongmarket.com including all underlying pages, to which these Terms of Use apply
‘ONG Market: ONG Market Pte. Ltd., No 1, Scotts Road, #24-10 Shaw Centre Singapore 228208, the owner of the Website;
‘User’: the person who enters, views or in any other way makes use of this website
‘Merchant’: any User of this Website who offers or intends to offer repairs service, spare parts for sales or place an advertisement via the Website
 
2. Acceptance of Terms of Use

• By accessing the Website and the materials and information contained therein, you acknowledge that you have read, understand, accept and agree to be legally bound by the Terms of Use that follow.

 
3. ONG Market

• ONG Market offers online information, communication, advertising and sales service regarding PCB, Equipment and domestics repairs by professional merchant worldwide.
• ONG Market offers marketplace for bidding of repairs services by qualified merchant that are available 24/7 around the world. This listing is free of charge, but will only be placed on the Website, after review and acceptance by ONG Market.

 
4. Role User/Customer

• The User/Customer who wishes to place such a repairs service bidding, is responsible for providing complete and correct information regarding his personal information as well as the part he is offering for servicing, to keep this information up to date and to inform ONG Market as soon as possible in case of any changes regarding this information.

Additionally, User/ Customer represents, warrants and agrees:

• that he has good and marketable legal title to the services rendered, free and clear of any lien, security interest, leasehold interest, co-ownership interest, or any other type of encumbrance or interest of any other person or entity;
• that, in case the Merchant is not the legal owner of the parts, Merchant will inform and get permission from customer before offering the parts for repairs to ONG Market;
• that he has authority to list the parts for repairs and to award the parts for repairs;
• that the offering by customer of any parts will not cause ONG Market to violate any applicable law, statute, ordinance or regulation;
• that customer will notify ONG Market as soon as possible, but ultimately within three working days, of any repairs with any Merchant of any item owned by Customer and published on the Website.

5. Copyright

• The content, design and structure of the Website are protected by copyright law.
• The information, texts and images provided by ONG Market are intended only for individual access by the Customer of the Website and may not be duplicated or used for commercial purposes without the written prior consent of ONG Market.

6. Warranties and liability

• The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
• Neither ONG Market nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
• Our goal is to keep the information on the Website complete and correct. If errors are brought to our attention, we will try to correct them as soon as possible. However, ONG Market accepts no responsibility or liability whatsoever with regard to the material on its Website, such as but not limited to availability of advertised goods, product information, etcetera.
• In no event will ONG Market be liable to any party for any damages whether direct, or indirect, resulting from, arising out of or in connection with access to, or use of or inability to access or use, the Website or its contents.

7. Shut-down of the Website

• ONG Market has the sole right to shut down the Website or any part thereof for any reason at any time without prior notice.

8. Modification of Terms of Use

• ONG Market may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

9. Applicable law and jurisdiction

• These Terms of Use are governed by and construed under the laws of the Malaysia. Any disputes in connection with these Terms of Use or its enforcement shall be resolved by the competent Court of Malaysia exclusively.

GENERAL CONDITIONS OF SALE, DELIVERY AND PAYMENT

of:

ONGMARKET PTE LTD
No 1, Scotts Road,
#24-10 Shaw Centre, 228208 Singapore.
 
Article 1 Definitions

• In the following, ‘ONG Market' is understood to mean:
  
  ONGMARKET PTE LTD
  No 1, Scotts Road,
  #24-10 Shaw Centre, 228208 Singapore. 
• 
   
• In the following, the 'other party' is understood to mean the opposite party to ONG Market in an offer and/or contract regarding the sale of goods and/or the performance of services.

Article 2 Scope of application of the present conditions

• These conditions apply to any offer from ONG Market and to any agreement between ONG Market and the other party in respect of which ONG Market has stated that these conditions apply, in so far as these conditions have not been deviated from explicitly by the parties. ONG Market does not accept any general terms and/or conditions of the other party, except if and in so far as any condition or conditions have been expressly accepted by ONG Market in writing.
• The other party with whom at any point in time an agreement was entered into subject to the present conditions, shall be deemed tacitly to agree to applicability of these conditions to any agreement entered into with ONG Market later.
• In case of conflict between any provision of the present general conditions and the agreement to which they have been declared to be applicable, the stipulations of the agreement shall prevail.

Article 3 Offers

• All offers and/or biddings remain valid for within customer expiry date, are completely free of engagement, unless explicitly agreed to the contrary, and are dependent on the availability of the services.
• All agreements, also if and in so far as they have been entered into by persons who are or are not employed by ONG Market, shall not become effective until they have been confirmed by ONG Market’s explicitly authorized agent or have been carried out without a previous order confirmation.
• The written repairs order confirmation shall be deemed to have been found correct and approved unless within eight days from its dispatch by ONG Market objections in writing have been received.

Article 4 Prices

• Unless stated otherwise, our prices as set out in the order confirmation are:  

Article 5 Price increase

• based on delivery door to door from customer to merchant workshop or other storage facility;
• exclusive of VAT, import duties, other taxes, levies and fees;
• exclusive of the costs of packaging, loading and unloading, transport, installation and insurance;
• expressed in Malaysia currency; any exchange rate modifications will be passed on.
• exclusive of Paypal fees of 4.4% and flat rate of RM2.00 per transaction is applicable on all payments.
• If Merchant agrees on a price with Customer, Merchant shall nevertheless be entitled to increase the price according to its price list as at the time of delivery in case of modification of the costs of the materials required for execution of the agreement or of wages, premiums of any nature whatever, taxes and/or other factors that determine the price of the parts repaired. Merchant shall notify the other party of such increase.
• If the price increase exceeds 10%, the other party shall be entitled to dissolve the agreement.

Article 6 Execution of the agreement

• ONG Market determines how the agreement is to be executed. Vitech shall, if requested, previously inform the other party about how the agreement is going to be executed, unless this is in conflict with the nature of the order.
• ONG Market is entitled, without the other party's consent, to contract out the order or parts of it or to have it executed by third parties that are not in ONG Market’s employment if ONG Market deems this to be conducive to good or efficient execution of the order, unless this is in conflict with the nature of the order.
• An order placed with ONG Market shall be deemed to have been placed for an indefinite period of time, but at least for a period of one year, unless agreed otherwise in writing.
• When the order has been processed, all documents relating to it that have been made available by the other party shall be returned, unless agreed otherwise.
• If said documents have not been taken up by the other party within one month from completion of the order, they shall from that moment be stored for risk and account of the other party.

Article 7 The other party's duty to provide information and cooperate

• The other party shall be responsible for providing ONG Market with all data that ONG Market deems required for adequate execution of the order. The required documents shall be provided in the manner specified by ONG Market. The other party shall further provide any other cooperation required in the execution of the order.
• ONG Market has the right to suspend the execution of the order until the other party has fulfilled its obligations as meant in the preceding section.
• The other party shall indemnify ONG Market for the loss incurred as a result of the delay arising as a consequence of the foregoing.

Article 8 Confidential information

• Apart from legal stipulations requiring that certain data be revealed, the parties shall be bound by secrecy in respect of the information obtained from the other party and of any confidential results from processing of such information. The parties shall to that effect take all precautionary measures that can be required within reason.

Article 9 Suretyship

• ONG Market is at all times entitled, before starting the work or continuing it and before proceeding to delivery or continuing delivery, to require sufficient surety for fulfilment of the other party's payment obligations.
• If the required surety is not or is not satisfactorily provided or if the legal status of the other party has been changed, ONG Market shall be entitled to wholly or partly terminate the agreement without judicial intervention and to take back what has already been delivered, without prejudice to ONG Market’s entitlement to claim payment of what is due at that time for work performed and deliveries made.

Article 10 Modification of the agreement

• When the order has been granted and afterwards modifications in its execution are required, they shall be communicated to ONG Market in good time and in writing. If such modifications are communicated orally or by telephone, the risk of any execution otherwise than envisaged shall be for account of the other party.
• ONG Market reserves the right to adapt the price, if required, on account of modifications of the order.
• Modifications of an order which has been placed already may result in exceeding of the originally agreed time of delivery by Merchant. ONG Market shall not be liable for any such delay.

Article 11 Delivery

• Notwithstanding that ownership of the goods shall not pass until full payment has taken place, the risks attached to the goods shall pass unencumbered and unconditionally to the other party at the moment of transfer of the risk as stipulated in the applicable Incoterms. Unless otherwise has been agreed in the sales agreement between the parties, the goods shall be delivered Ex-Works ONG Market, in accordance with the Incoterms latest published version by the International Chamber of Commerce as of the date of the sales agreement.
• The other party is obliged to take up the parts repairs or processed or tested at the moment they are delivered to him or at the moment that they are made available to him in accordance with the agreement. If the other party refuses to take delivery of the goods or fails in giving the information or instructions that are needed for delivery, the goods shall be stored at the other party's risk. In such a case the other party shall bear all additional costs, including storage costs in any case.

Article 12 Term of delivery

• The agreed term of shipment and/or delivery or the performance of services is not absolute, unless explicitly agreed otherwise.

Article 13 Partial deliveries

• Merchant is entitled to deliver in portions the goods purchased or repairedor tested. This shall not apply if a partial delivery has no independent value. If the goods are delivered in portions, ONG Market shall have the right to invoice for each portion separately.

Article 14 Defects; complaint deadlines

• The other party shall examine the purchased or processed or tested goods (or cause them to be examined) upon delivery at destination - or as soon as possible thereafter - or take care of such an inspection when a communication from ONG Market has been received that the goods are at the other party's disposal. This means that the other party has to ascertain whether the goods are in accordance with the agreement, viz.:
  • whether the correct goods have been delivered;
  • whether the goods are in accordance with the agreement in terms of quantity (amounts, weight, etc.);
  • whether the goods delivered meet the agreed quality specifications, errors or symptoms- in the absence of such specifications - the requirements inherent in normal use and/or commercial purposes.
• If visible defects or faults are discovered, the other party shall notify them in writing to ONG Market within seven days from delivery.
• Non-visible defects shall be notified by the other party to ONG Market within five working days from discovery, but not later than four weeks from delivery.
• Also if the other party presents a complaint within the required period of time, its obligation to pay and take delivery shall remain unaffected. Goods can only be returned subject to previous consent from ONG Market.

Article 15 Samples, models and specimen

• If ONG Market shows or presents a model, sample or specimen, it shall always be meant as an indication only; the properties of the goods delivered may deviate from such sample, model or specimen.

Article 16 Copyright, industrial property right and right of reproductio

• Unless explicitly agreed otherwise all IP rights (copyrights, model rights, etc.) attaching to the designs, pictures, descriptions, drawings, models, programmes etc. of the offered goods are reserved by the original rightholder(s) and shall be respected.
• In the case that there is software installed in the machine(s), the machine(s) will be delivered with this software, but without the required software license(s), which have to be arranged by the other party and the Original Equipment Manufacturer.

Article 17 Termination of the agreement

• ONG Market’s receivables owed by the other party can be claimed immediately, thus not requiring a notice of default, in the following cases:
  • If, after the agreement has been entered into, facts come to ONG Market’s knowledge which are good grounds for ONG Market to fear that the other party will not be able to fulfil its commitments;
  • If at the time of entering into the agreement ONG Market has asked the other party to provide surety for fulfilment of its commitments and the other party fails to provide such surety or provides insufficient surety.
• In said cases ONG Market shall be entitled to suspend the further execution of the agreement or to proceed to the out-of-court dissolution of the agreement, all this without prejudice to ONG Market’s right to claim indemnification.
• If circumstances arise with respect to persons and/or material that ONG Market needs in the execution of the agreement or normally makes use of, which are of such a nature that execution of the agreement has become impossible or so difficult and/or disproportionately costly that performance of the agreement cannot reasonably be required any more, ONG Market shall be entitled to dissolve the agreement.
• Termination of the agreement by the other party is solely possible in the specified cases as mentioned in these terms and conditions.

Article 18 Warranty

• ONG Market warrants that the products it delivers are free of design, material and fabrication defects for a period of three months from delivery at destination or, if a longer period has been expressly stipulated, for that agreed period.
  The warranty does not cover troubles which arise from any form of wear or from non-durable components of the product supplied.
• If the product shows a design, material or fabrication defect, the other party is entitled to repair, provided that the other party informs ONG Market in writing about the defect during the warranty period. ONG Market may opt for 2nd repairs of the product if 1st repair is failed. The other party is only entitled for a return if repair of the product is not possible.
• The warranty given by ONG Market for components or accessories supplied by third parties is limited to the period of warranty given to ONG Market by such third-party suppliers.
• The warranty cannot be invoked for damage which is due to incorrect treatment by the other party and/or third parties it has called in.
  By incorrect treatment is understood, inter alia:
  Incompetent use, negligent installation, negligent maintenance and/or negligent storage of the products and/or failure to comply with the manufacturer's instructions for use.
• The warranty cannot be invoked either if the other party and/or third parties it calls in perform(s) work on the product or modifies/modify it.
• If ONG Market, in order to comply with its warranty commitment, replaces component parts, then the replaced parts become ONG Market’s property.
• If the other party wholly or partly fails to fulfil, or does not timely fulfil any of the obligations arising from the agreement(s) entered into with ONG Market, then ONG Market is not bound by the warranty while such failure lasts.
• The warranty only covers costs of materials. Wage and travel costs are not covered by the warranty and are for the other party's account.
• Warranty regarding the performance of services is explicitly excluded. Provisions A -H therefore do not apply to any service carried out by ONG Market, such as but not limited to installations, repairs, etc.

Article 19 Right of retention

• Until all of ONG Market claims are fulfilled, ONG Market has the right to keep in its possession all goods provided by the other party or all goods ONG Market has manufactured for the other party for the purpose of recovering all costs ONG Market has incurred in the execution of orders, irrespective of whether those orders relate to those or other goods of the opposite party, unless the other party has provided sufficient surety covering said costs.

 
 
Article 20 Reservation of ownership

• The goods delivered by ONG Market shall remain ONG Market’s property until the other party has fulfilled all the following obligations arising from all (purchase) agreements entered into with ONG Market:
  • the counterperformance(s) relating to the good(s) as such, delivered or to be delivered,
  • the counterperformance(s) relating to services performed or to be performed by ONG Market under the (purchase) agreement(s),
  • meeting any claims on account of non-performance by the other party of (a) (purchase) agreement(s).
• Goods delivered by ONG Market to which the above-mentioned reservation of ownership applies are only allowed to be sold on in the course of normal business operation. The other party is not allowed to encumber those goods with a right of lien or any other right.
• If the other party fails to fulfil its commitments or there are good reasons to fear that this is going to be the case, ONG Market is entitled to take away or cause to be taken away from the third party or from third parties keeping the goods for the other party any goods which are subject to the above-mentioned reservation of ownership. The other party shall fully concur in this, on penalty of a fine of 10% per day of the amount it owes.
• If third parties wish to establish or claim any right on the goods supplied subject to reservation of ownership, the other party shall inform ONG Market as soon as reasonably possible.
• At ONG Market first request the other party shall:
  • to mark as ONG Market’s property the goods supplied subject to reservation of ownership;
  • in other ways lend its concurrence towards all reasonable measures ONG Market wishes to take in order to protect its title to the goods and which do not unreasonably hamper the other party in its normal business operations.

Article 21 Payment

• Paypal fees of 4.4% and flat rate of RM2.00 per transaction is applicable on all payments.
• Payment shall be effected within 30 days from invoice date:
  • by means of legal tender handed over at ONG Market‘s office or
  • by Paypal of the amount due to one of the bank accounts in the name of ONGMarket Pte Ltd mentioned in the agreement or on the invoice.
    Upon expiry of said term of 30 days from the invoice date the other party is in default and from that point in time shall owe interest at a rate equal to the legal rate of interest according to the Malaysia’s Bank Negara plus 2% on the amount due.
• In the event of liquidation or bankruptcy of the other party or an official moratorium being granted to the other party, immediate payment of the receivables due from the other party can be claimed.
• Payment shall be effected without any discount or set-off.

Article 22 Debt collection costs

• . If the other party is in default in the fulfilment of one or more of its obligations, then all costs reasonably incurred for the purpose of obtaining settlement out of court shall be for account of the other party. The other party shall owe in any case an amount equal to at least 15% of the gross invoice value.
  If ONG Market can demonstrate that higher costs have been incurred within reason, those shall also be recoverable from the other party.
• The other party shall repay to ONG Market all judicial costs incurred in all instances, unless these are unreasonably high. This only applies if ONG Market and the other party are engaged in judicial proceedings in relation with an agreement that is subject to the present conditions and a court judgment has become conclusive and final and whereby the other party is fully or mainly found at fault.
• The payments effected by the other party shall always be used in the first place for settlement of all interest and costs due, in the second place for settlement of the invoices that have been outstanding longest, even if the other party states that the payment relates to a later invoice.

Article 23 Liability

• In all cases regarding the sale of goods or the supply of accessory services, ONG Market is solely liable if damage is attributable to wilful intent or gross negligence on the part of Vitech. In case liability of ONG Market is established, such liability is limited to the loss or damage which was foreseeable at the time the contract was concluded up to a maximum amount equivalent to the invoice value agreed with the other party. In no event shall ONG Market’s liability include indirect or consequential damages, including without limitation, damage based upon loss of goodwill, loss of business, loss of sales or profits, work stoppage, production failure, impairment of other goods or otherwise and whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation or otherwise.

Article 24 Force majeure (non-imputable default)

• Neither party shall be deemed to be in default under the sales agreement and no liability shall result from non-performance of the sales agreement, if and to the extent the non-performance is caused by circumstances beyond the reasonable control of the failing party, including, but not limited to, war, fire, explosion, terrorist attacks, storm, flood, earthquake, sabotage, acts of government, labour disturbances, shortage of energy, raw materials and means of transport, break-down of machinery and plant start-up problems. ONG Market is also entitled to claim force majeure if the circumstance which obstructs (further) execution of the agreement occurs after the date at which the agreement should have been executed. Both parties shall inform each other regarding a situation of force majeur as soon as possible, in order for both parties to reach an amicable solution.
• While a situation of force majeure lasts, both partie’s obligation to deliver and other obligations are suspended. If the period during which parties are prevented from meeting their obligations owing to force majeure lasts longer than two months, both parties shall be entitled to dissolve the agreement, which shall not give rise to any obligation of indemnification.
• If at the time the force majeure arises ONG Market has already fulfilled part of its obligations or can only fulfil part of its obligations, ONG Market shall be entitled to invoice that portion of the performance and the other party shall pay the invoice as if it related to a separate agreement. This shall not apply if the partial performance has no independent value.

Article 25 Prescription

• All the other party's claims under an agreement subject to the present conditions shall prescribe, except for stipulations of imperative law, after expiry of one year, counting from the day on which the goods are delivered or should have been delivered or from the day on which the work is completed or should have been completed.

Article 26 Settlement of disputes

• All disputes that arise from or in connection with these terms and conditions and/or the agreement(s) they apply to between ONG Market and the other party shall be brought before the competent Court of Maastricht (the Netherlands) exclusively.

Article 27 Applicable law

• Each agreement between ONG Market and the other party shall be solely subject to Malaysia law.

Article 28 Modification of the conditions

• ONG Market has the right to modify the present conditions. The modifications shall take effect from the announced point in time. If no time of taking effect has been announced, the other party shall be bound by the modified conditions from the moment of communication.

 
 
 
 
 
In no event will Ong Market, nor any of its heads, directors and workers, be obligated to you for anything emerging out of or in any way connected with your use of your device, whether such risk is under agreement, misdeed or something else, and Ong Market, including its heads, directors and representatives will not be subject for any indirect, considerable or risk emerging out of or in any circumstances beyond our control.

If any arrangement of these Terms is discovered to be unenforceable or invalid under any appropriate law, such unenforceability or weakness will not ruin these Terms unenforceable or in general, and such arrangements will be deleted without influencing the rest of the provisions herein.

In Case of any help, do contact us to resolve.