QUIRKY TERMS OF TRADE
Welcome to Quirky and thank you for choosing us!
The provision of our products and services to you are governed by the terms and conditions herein. These Terms of Trade (with its annexures and enclosures if any), together with the Quotation; Terms and Conditions of Use of the Website; and our Personal Data Policy, form the Agreement between us.
Please read these and the terms and disclaimers contained herein carefully.
BY USING OUR PRODUCTS AND SERVICES, YOU ARE AGREEING TO THE TERMS CONTAINED IN THE AGREEMENT.
1. DEFINITIONS AND INTERPRETATION
In these Terms of Trade, unless expressly provided for in the contrary:
“Company, “we”, or “our” refers to Quirky Haus Pte Ltd; Quirky Idees Pte Ltd; Quirky Plan Pte Ltd, and/or any other company within our group
“Customer” or “you” refers to you, the Customer stated in our Tax Invoices;
“Facility” refers to any facility or office space managed by or on behalf of the Company;
“Fees” refers to the sums payable in respect of products and services at such rates as may be applicable;
“Full Completion Date” means the date set by us as the date of completion of works and handover of the renovated premises to you, whereupon a Handover Letter shall be provided to you for your signature; and
“Parties” means us and you, including our successors in title and permitted assigns
“Quotation” refers to the quotation sent to you by us and duly signed by you.
2. INTERIOR DESIGN SERVICES
2.1. Our interior design services are provided in the following phases:
In this first phase of the Project, we shall, as and where appropriate, perform the following:
Once you approve the Design Concept and sign the Contract Documents, we will, as and where appropriate,
Renovation will also commence under the following terms:
3. OMISSIONS, EXTRAS AND DELETIONS
3.1 Omissions in the Contract Documents and any work requested in variance to the Contract Documents are considered extra to the Agreement and are not included in the Contract Price. Any additional work, required due to site conditions known to you and not disclosed to the Company, or which could not be reasonably anticipated by the Company, are not included in the Contract Price and shall also be extra to the Contract Price.
3.2 You may, from time to time, suggest changes to the Contract Documents by way of a Variation Order. When you do so, the Schedule of Works and/or Contract Price may be adjusted accordingly. But the Variation Order will take effect only upon it being signed and dated by the Parties. Extra fees may be payable pursuant to Variation Orders, and when such extra fees are payable, they shall become payable in full as a lump sum upon the confirmation of such Variation Orders. Deletions will be calculated and agreed between the Parties and are to be deducted from the last scheduled payment, provided in all cases that all deletions or variations shall not decrease the contract value by more than ten percent (10%) of the Contract Price.
4. PERMITS/ ENDORSEMENTS
Work will sometimes have to be undertaken under the following permits and necessary endorsements, which, where these are necessary, will be paid for by you:
5.1 Payments due to us must be made in accordance with the contracted timelines, regardless of whether rectification works (if any) are completed, times being of the essence. For the avoidance of doubt, full payment of the Contract Sum plus any extra for Variation Orders must be fully paid to the Company by the Full Completion Date, as this date is determined by us.
5.2 Notwithstanding the foregoing, any delay of the Full Completion Date in accordance with the Contract Documents will be considered an excusable delay if these arise from causes beyond our control and not reasonably foreseeable by us with the use of our reasonable efforts. Excusable delays include but are not limited to such events as unavailability of materials, delays in obtaining a permit, an Event of Force Majeure under Clause 16, delays (other than delays arising out of Company’s breach of this Agreement) by, or breach by any of Your Contractors; or any delay by you of processing proposed changes, or delays resulting from inaccuracies in information provided by you.
5.3 In the event of the occurrence of an excusable delay, you shall grant appropriate extensions to cover such periods of delays, without us assuming liability for such delays. Where a delay occurs, we will inform you at the earliest possible date of such occurrence, the reason for the delay and anticipated amended dates of completion. We will then mutually agree on the extension of time for the excusable delay.
6. PRODUCTS OF OUR CREATIVITY
6.1 Our drawings and specifications are conceptual in nature and intended to set forth design intent only. They are not to be used for architectural or engineering purposes. We do not provide architectural or engineering services. Our services shall not include undertaking any responsibility for the design or modification of the design of any structural, air-conditioning, plumbing, electrical, ventilation or other mechanical systems installed or to be installed at the Project.
6.2 Should the nature of our Design Concepts require the services of any other design professional, such professional shall be engaged directly by us pursuant to separate agreement as may be mutually acceptable to you and such other design professional.
6.3 As we shall require a record of our design projects, you confirm that will permit us or our representatives to photograph the Project upon completion. You also agree that we may submit the Project for any competitions or publicity or marketing activities at our discretion. For these purposes, we will be entitled to use photographs for our business purposes but shall not disclose the Project location or your name without your prior written consent.
6.4 All concepts, drawings and specifications prepared by us (the “Project Documents”) and all copyrights and other proprietary rights applicable thereto remain at all times our property. Project Documents may not be used by you for any purpose whether during or after the term of the Project.
6.5 Although we own the intellectual property to all original conceptual designs, you are welcome to take photographs of such conceptual design ideas, materials, finish selections and sources for any promotion of your own home. If you are sharing images, concepts or floor plans on a website or social media, you must appropriately credit us.
7.1 All payments are to follow the schedule of payments stated in the Quotation and elsewhere as stated in the Agreement from time to time.
7.2 The final payment of five percent (5%) and all other payments owing to us on the Full Completion Date must be made within three (3) days of the Full Completion Date (whether or not there are any outstanding defects on the Project), failing which the warranties stipulated in Clause 9 shall not apply, without prejudice to our other rights under this Agreement or under law.
7.3 All payments are due within three (3) days of notification by us. Interest of two percent (2%) per month will be charged after the due date.
7.4 All payments are subject to applicable legislation and shall be made in accordance with provisions of this Agreement and the provisions of any applicable legislation. All payments must be made to the Company. Any payment to a subcontractor is not deemed as payment to us.
8. STANDARDS OF WORK
8.1 Unless otherwise agreement, we shall supply all labour, materials and supervision to complete the Project in accordance with the Contract Documents and to undertake all work diligently in good and workmanlike manner, in accordance with good quality residential standards and practices, and in compliance with any applicable Building Code.
8.2 You accept that there may be inconveniences from time to time, and we shall try to keep such inconveniences to a reasonable minimum. You must take reasonable steps to provide a work area free of obstructions, and to remove or protect household items in areas where it may be reasonably anticipated by you that they may be subject to dust, damage or vibrations.
9.1 Our lifetime warranty programme covers any manufacturing defects in materials and workmanship when used in normal conditions and in accordance with our manuals and/or instructions. The warranty programme does not apply to damage caused by normal wear and tear; accidents; abusive use; negligence; or the consequence of failing to comply with manuals and/or instructions. Damage resulting from daily use are not covered under the terms of the warranty. We understand that even the best cared-for premises can meet with an unforeseen or unexplained accident. If your premises become damaged and this damage is not covered by the warranty, we can remedy the same at a reasonable charge.
9.2 The warranty does not cover damage caused by repairs or modifications carried out by unauthorised technicians or contractors; replacement of any parts subject to wear during normal use, wrong installation and non-conforming electrical systems (applicable for electrical item).
9.3 We reserve the right to impose charges for services which are outside the cover of the warranty. We also reserve the right to decline to provide service where any product is obsolete, no longer deemed serviceable or replaceable for any reason.
9.4 On the Full Completion Date, you shall have two (2) weeks to submit a Defects List, after which, rectification works on the Defects List shall be carried out over the next four (4) weeks. We shall not be liable to rectify works which are not on the Defects List as above stated.
9.5 We shall pass to you any warranties by manufacturers or suppliers on individual materials, products or systems supplied by us under this Agreement.
9.6 We cannot and do not issue any warranty over labour and/or materials supplied by you or Your Contractors.
9.7 We shall use reasonable endeavours to protect the worksite, your property and the property of third parties from damage caused by us in carrying out our obligations under this Agreement. However, we shall not be liable to compensate or repair any damage or issue caused by existing structural defect/ standard or labour and/or materials supplied by you or any damage or issue caused by Your Contractors.
10. ENTIRE AGREEMENT
11. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B)
A person who is not a Party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.
12. GOVERNING LAW
These terms and conditions shall be governed by the law of Singapore. Both the Company and the Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.
13. PERSONAL DATA
13.1 By signing this Agreement, you consent to the collection, use, storage, processing, both electronically and manually, and disclosure of your Personal Data, including without limitation, Personal Data already disclosed by you or on your behalf prior to the date hereto; any Personal Data which may subsequent hereto be furnished by you or on your behalf; as well as any other alteration to such data in the future, for the purposes of:
13.2 You expressly and without any reservation consent, for the period of this Agreement and after its termination, to the disclosure of Personal Data to any organisation related to us, or any third party service provider performing functions on our behalf.
13.3 You acknowledge and agree that our Facility, including non-public areas, may be monitored regularly by closed circuit surveillance cameras (“CCTV”) for monitoring and security purposes. You agree that your activities may be recorded by such CCTV.
13.4 You acknowledge that in certain instances we may need to transfer or disclose your Personal Data to third parties, including third party service providers rendering services on our behalf, even third parties located out of Singapore. Common examples of third party service providers are payroll processors, call centres, and firms providing supporting services – for example, mobile phones, fleet management, and others. Other third parties can include regulatory authorities, including tax authorities, and government agencies or, potentially, third parties with whom the Company may merge with or acquire in future.
13.5 You shall, from time to time, have the right to apply for access to your Personal Data which is in our possession. Such right shall not extend to Personal Data held by us for such purposes exempt from the right to access under the PDPA.
13.6 You acknowledge and agree that we may retain your Personal Data for as long as we need for our legitimate business purposes and as required by relevant laws.
13.7 You shall immediately inform us of any change in your Personal Data – including, without limitation, marital status, education, home address, home telephone number, mobile telephone number, emergency contact details, next of kin, professional qualifications, external business interests, external directorships and shareholdings – to such detail so as to allow us to remain in compliance with the PDPA. We shall endeavour to use reasonable efforts but shall not be obliged to procure Personal Data updates from you on a regular periodic basis. For the avoidance of doubt, we shall not be liable to you for any damage, claim and/or harm suffered as a result of your failure to update us of any change of any part of your Personal Data. Should you fail to inform us of your new home address, any correspondence sent by us to your last home address shall be deemed to have been duly received.
13.8 You hereby agree and confirm that we and/or any third parties acting on our behalf may contact you using all of your communication means in our possession, including, but not limited to, voice calls, Short Messaging Service, Multimedia Message Service, WhatsApp, Facebook Messenger, WeChat, Line, Kakaotalk, Instagram DM, Electronic Mail, Telegram, fax or other similar communications applications or methods.
13.9 For the purposes of this Agreement “personal data” shall mean data, whether true or not, about an individual who can be identified — (a) from that data; or (b) from that data and other information to which we have or are likely to have access; and/or any other personal data as defined under the Personal Data Protection Act 2012 (the “PDPA”), which also includes provisions regarding the Do-Not-Call Registry (“DNC”).
(a) you do not perform any of your obligations under this Agreement and do not correct the default within five (5) working days of written notice by us; or
(b) there is non-payment of any amount stated in the Schedule of Payments listed in the Agreement; or
(c) you become bankrupt or have become insolvent or make a general assignment for the benefit of your creditors, or if a receiver is appointed; or
(d) if the Project is stopped as a result of a court order,
then an Event of` Default has occurred. In such an Event of Default, we may cease work and treat the Agreement as suspended immediately on the occurrence of such default. The period of suspension shall be the remainder of the duration of the event of which notice was given by us pursuant to Clause 14.1, plus any time required by us in order to resume the services and the period of the Work Schedule shall be automatically extended by the period of such suspension.
(a) We shall be relieved of our obligation to perform our services and the dates of such said remuneration shall be extended by a period equal to the duration of the suspension;
(b) You shall continue to comply with all your obligations not affected by such suspension and you shall not without the prior consent of us, agree to engage other persons to render the services to you which are contemplated under this Agreement; and
(c) We will remain entitled to all rights granted or assigned to us under this Agreement.
14.3 Suspension by us shall be in addition to and separate from and without prejudice to any of the other rights or remedies of ours under this Agreement or at law.
15.1 We shall be entitled, without prejudice to our other rights and remedies at law or under this Agreement, to terminate this Agreement forthwith by notice in writing if you commit a breach of this Agreement and where such breach may be remedied, fail to remedy the breach within the period reasonably stipulated by us in writing. Regardless of whether the engagement has been suspended, we shall be entitled by written notice to terminate this Agreement at any time when we are entitled to service notice of suspension pursuant to Clause 14.1.
15.2 In the event of any termination of this Agreement howsoever arising: you shall continue to comply with all of your obligations not affected by such termination. Termination of this Agreement shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision, which is expressly, or by implication intended to come into force or to continue in force on termination.
16. FORCE MAJEURE
16.1 Where we delay in performance; and/or fail to perform one or more of our contractual duties under this Agreement, and to the extent that that we prove: (a) that our failure to perform was caused by an impediment beyond our reasonable control; (b) that we could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the conclusion of the Agreement; and (c) that we could not reasonably have avoided or overcome the effects of the impediment, we will not be liable for such delay or such failure to perform.
16.2 We shall be presumed to have established the conditions described in the preceding Paragraph in the case of the occurrence of one or more of the following impediments: war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; act of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labour disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to our reasonable control (each, a “Force Majeure Event”).
16.3 Where a Force Majeure Event is not resolved within two (2) weeks, we may, at our sole and entire discretion, do any of the following:
17.1 We shall not be liable for any loss or damage to property, or any bodily injuries, illness or death of any customer, guests and/or any other persons at a worksite or upon premises upon which we have worked, howsoever caused which are aggravated or incurred arising out of or in any way connected with but not limited to any behaviour of the Customer and/or guests (including such behaviour as may be deemed inappropriate by us).
17.2 You agree that, except for death and personal injury arising from our negligence, whereby our maximum aggregate liability arising out of the same shall be limited to Singapore Dollars Two Hundred (SGD 200). we shall not be liable in contract; tort (including, without limitation, negligence); pre-contract or other representations (other than fraudulent misrepresentations); or otherwise out of or in connection with this Agreement; or usage of a product or service; for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect consequential losses in any case whether or not such losses were incurred by that Party arising out of or in connection with the provisions of any matter under this agreement or use of services or products whether arising out in connection with you.
17.3 We shall not be responsible for the safekeeping, loss, theft or damage of any of your belongings and those of your guests brought into a worksite.
17.4 You acknowledge and agree that no partnership or agency relationship exists between you and us as a result of this Agreement or through your use of any product or service.
17.5 Any delay or failure by us to exercise our rights and/or remedies under this Agreement does not represent a waiver of any of our rights.
17.6 Personal notification may be made to you via electronic mail, postage mail or any other notification. You are deemed to have been notified:
17.7 In cases of any disputes, all decisions made by the Management will be final and no correspondence will be entertained.
18. DISPUTE RESOLUTION
18.1 Any dispute or difference (“Dispute”) between the Parties arising out of or relating to or in connection with this Agreement, including any question regarding its existence, validity or termination shall be resolved either by reference to mediation, arbitration or by court proceedings, as elected by us.
18.2 Notwithstanding Clause 18.1, if any Dispute at any time arises between the Parties in respect of the interpretation of this Agreement or concerning anything herein contained or arising out of this Agreement or as to the rights, liabilities or duties of the said Parties hereunder, the Parties shall first use their reasonable endeavours to seek to agree a settlement in good faith.
18.3 If any Dispute cannot be resolved, and we elect to bring the Dispute to