.png)
GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES
(GTCS)
For customers in Singapore, these General Terms and Conditions of Sale and Services are issued by Aquama SG PTE Ltd (“Aquama SG”).
Aquama Holding SA is the parent company of Aquama SG.
These General Terms and Conditions of Sale and Services apply upon delivery of the product and/or use of the products and services, whether or not separately signed.
PREAMBLE
These General Terms and Conditions of Sale and Services (“Terms”) govern all sales and leases of equipment, consumables, and services by Aquama SG PTE Ltd (“Seller”) to any professional purchaser or lessee (“Client”), either directly or through a financial intermediary (“Lessor”). These Terms apply in addition to any contractual agreement and define the respective rights and obligations related to the sale, rental, use, and servicing of Machines, Consumables, Accessories, and Ancillary Services (collectively “Order Items”).
ARTICLE 1. APPLICABILITY AND ENFORCEABILITY
1.1. Scope of Application
These Terms apply automatically to all sales of Consumables used in conjunction with Machines, to Machines themselves, to Accessories or any Other Products, and to Services such as installation, training, telemetry, software updates, and maintenance (collectively, “Order Items”).
1.2. Acceptance of Terms
By submitting any purchase or leasing order, the Client acknowledges full and unconditional acceptance of these Terms. The Client expressly waives the right to invoke its own terms or conflicting documents. Aquama catalogues, brochures, price lists, and technical sheets are for informational purposes only and are not contractually binding unless expressly incorporated.
1.3. Contractual Supremacy
These Terms prevail over any contradictory clauses unless otherwise agreed to in writing and signed by both parties, or if clearly referenced in the main Contract (e.g., Telemetry or Volume Agreement).
1.4. Amendments
Aquama SG PTE Ltd reserves the right to update these Terms to reflect regulatory, technological, or commercial changes. The version in effect at the time of order confirmation, or as explicitly referenced in a signed Contract, shall apply.
ARTICLE 2. ORDERING AND CONTRACT FORMATION
2.1. Order Submission
Orders must be submitted in writing, specifying the Client’s billing and delivery addresses, reference numbers, quantities, and technical requirements. Errors or omissions in order data are the sole responsibility of the Client.
2.2. Acceptance and Formation
Any commercial proposal from Aquama SG is valid for thirty (30) days unless otherwise indicated. Any confirmation, signed quotation or Purchase Order submitted by the Client constitutes an order and remains subject to Aquama SG’s final acceptance. A binding contract is formed only when Aquama SG confirms acceptance of the order in writing or otherwise expressly accepts the order.
2.3. Irrevocability
Once accepted by Aquama SG, orders are binding and may not be cancelled or amended unilaterally. Any request to cancel an accepted order shall be handled in accordance with Clause 7.4.
ARTICLE 3. SERVICES PROVIDED
Services may include installation of Machines at the Client’s site under agreed conditions, basic user training, and Telemetry and Volume tracking with remote updates. EN973-certified salt will be supplied under the Volume Package terms, which include one annual delivery, with additional deliveries subject to extra charges as specified in the Contract.
Aquama may also provide troubleshooting and maintenance services, either onsite or remotely. Such services may be included in an applicable Package or, where not included, billed at prevailing rates or as otherwise agreed in writing.
Before dispatching a technician, Aquama may offer or require phone or video support to help resolve issues efficiently and minimize downtime.
ARTICLE 4. VOLUME, TELEMETRY, SYSTEM UPDATE, OR GLOBAL OFFER
These Services are governed by a separate Contract. If a Machine is resold, loaned, or subleased, any active telemetry or volume plan shall terminate automatically, and a new agreement must be established.
ARTICLE 5. PRICING
5.1. Price Structure
Prices are as stated in accepted proposals or Contracts and do not include references in informational materials.
5.2. Adjustments
Prices for future orders may be revised in response to raw material costs, GST fluctuations or logistics changes. Prices under an order already accepted by Aquama SG or a Contract already in force may be revised only in accordance with a specific price-review mechanism agreed in that Contract or by a subsequent written agreement with the Client. Any revision shall apply prospectively.
5.3. Currency and Taxes
All prices are in Singapore Dollars (SGD), exclusive of GST unless otherwise specified.
ARTICLE 6. PAYMENT TERMS
6.1. Invoicing
A 50% deposit is due upon order for outright purchases, with the balance payable within seven (7) days of commissioning. Leases follow the Lessor’s terms. Consumables are invoiced monthly, while prepaid packages are invoiced upfront.
6.2. Due Dates
Except for the payment deadlines specified in Clause 6.1 or otherwise agreed in writing, payment must be made by bank transfer within thirty (30) calendar days of the invoice date.
6.3. Disputes
Disputes do not suspend payment obligations.
6.4. Non-Payment
Any amount not paid when due shall bear simple interest on the outstanding principal, calculated daily from the day after its contractual due date at the default annual rate prescribed under Order 17, Rule 5(1)(b) of the Singapore Rules of Court 2021, or any successor provision, as in force on that due date.
That rate shall remain fixed for the relevant overdue amount until payment or judgment, whichever occurs first. After judgment, interest shall accrue in accordance with the applicable court order.
The Client shall also reimburse Aquama SG PTE Ltd for all reasonable costs incurred in recovering overdue amounts (including administrative and collection costs).
Aquama SG PTE Ltd may, without prejudice to any other rights or remedies, suspend performance and/or deliveries, require full prepayment for any further orders, and/or terminate the contract if payment remains overdue.
For leasing and subscription Contracts, termination for non-payment shall be subject to the thirty (30) days’ notice required under Clause 13.
ARTICLE 7. DELIVERY, ACCEPTANCE AND CANCELLATION
7.1. Delivery
Unless specified, delivery is to the address in the Contract. Delays beyond Aquama’s control may trigger storage fees at the Client’s cost.
7.2. Commissioning and Transfer of Risk
Risk transfers upon delivery confirmation. From that moment, the Client assumes all insurance and safeguarding responsibilities.
7.3. Timelines
Delivery times are indicative unless contractually guaranteed in writing. A delay in an indicative delivery time may not justify cancellation of the Contract or order, refusal of payment, or claims for penalties or damages.
7.4. Order Cancellation
Any request by the Client to cancel an order must be submitted in writing with a valid justification. Aquama reserves the right to accept or reject such a request at its discretion and may charge cancellation fees reflecting costs incurred or damages suffered.
ARTICLE 8. WARRANTY AND LIABILITY
8.1. Fitness for Use
The Client is solely responsible for the suitability and correct usage of the Products under applicable laws and safety standards.
8.2. Limitations
Aquama SG’s express warranties are those stated in the applicable Contract or technical documentation. These Terms do not exclude any conditions, warranties or remedies that cannot lawfully be excluded.
The Client shall notify Aquama SG in writing without undue delay after becoming aware of an alleged defect or non-conformity, provide reasonably available supporting information and allow Aquama SG a reasonable opportunity to investigate and remedy any non-conformity for which it is responsible, including by repair, replacement or re-performance, as appropriate.
This does not exclude other remedies available to the Client under applicable law. A delay in notification shall not, by itself, extinguish a claim. Claims remain subject to the applicable legal limitation periods.
Subject to the final paragraph of this Clause, Aquama SG shall not be liable for indirect or consequential loss, including loss of business, customers or reputation to the extent that such loss is indirect or consequential.
Subject to the final paragraph of this Clause, Aquama SG’s total aggregate liability in respect of the relevant Order Items, whether in contract, tort (including negligence) or otherwise, shall not exceed the net price, excluding GST, paid or payable to Aquama SG under the relevant Contract for the Order Items giving rise to the claim.
For leases and recurring Services, this cap shall instead be the charges, excluding GST, paid or payable to Aquama SG for the affected lease or Services during the twelve (12) months preceding the event giving rise to the first claim.
If the relevant lease or Services have been in effect for less than twelve (12) months, the cap shall be the charges payable for their first twelve (12) months, or for the full agreed term if shorter.
Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. All exclusions and limitations apply only to the extent permitted by applicable law.
8.3. Regulatory Changes
Machines are delivered in compliance with regulations in force at the time of installation. Regulatory updates that require hardware changes and are not covered by System Update services may be billed separately (including parts and labor). If the Client declines such updates, the Machine will remain usable for cleaning purposes only.
8.4. Labeling and Sanitation
Clients and distributors must use official aquama® labelling and add production date on any bottles or sprays filled with aquama® solution.
The Client is fully responsible for proper labeling and for ensuring all containers are clean and disinfected before use. Aquama SG PTE Ltd disclaims any liability for issues arising from improper labeling or unsanitary containers that affect solution quality.
ARTICLE 9. RETURNS (Leased Equipment Only)
Returns must be pre-approved in writing. All equipment must be returned in clean, operational, and undamaged condition. Shipping is at the Client’s expense.
Aquama SG PTE Ltd will inspect the Products before approving any credit or refund, which will not be granted for damaged or non-conforming items.
ARTICLE 10. TRANSFER OF TITLE AND RISK
For outright purchases, ownership transfers only after full payment. For leased equipment, ownership shall remain with the Lessor or other legal owner in accordance with the applicable leasing agreement. Risk transfers upon the Client’s acceptance of delivery.
ARTICLE 11. CONFIDENTIALITY
Both parties must keep all business and technical information confidential, unless disclosure is legally required.
ARTICLE 12. FORCE MAJEURE
Performance is suspended during force majeure events, including but not limited to epidemics, strikes, supply chain disruptions, natural disasters, or other unforeseeable and uncontrollable circumstances.
The parties will use good faith efforts to mitigate impacts. If such events continue for more than thirty (30) days, either party may terminate the Contract without penalty or liability.
ARTICLE 13. TERMINATION (Leasing or Subscription Contracts)
Telemetry and Volume Services require a 36-month minimum term. Termination requires three (3) months’ written notice. Serious breach (non-payment, IP infringement, breach of confidentiality) entitles Aquama to terminate with 30 days’ notice.
ARTICLE 14. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any Contract incorporating them, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any conflict of laws principles.
The parties irrevocably submit to the exclusive jurisdiction of the courts of Singapore to settle any dispute or claim arising out of or in connection with these Terms or any Contract incorporating them (including any dispute regarding the existence, validity or termination of these Terms or any such Contract).
The parties agree that the courts of Singapore are the most appropriate and convenient courts to settle such disputes and accordingly no party will argue to the contrary.
ARTICLE 15. SEVERABILITY AND WAIVER
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain effective. Failure by Aquama SG PTE Ltd to enforce any right at any time will not constitute a waiver of its right to enforce that right in the future.
Issued by Aquama SG PTE Ltd, 2 October 2026