Terms & Conditions

General Terms & Conditions
for Engaging FRP Services

The following Terms and Conditions shall form part of the Contract entered into between:
  1. FRP Products Co Pte Ltd (“FRP”); and
  2. The person, firm or company to whom the quotation is addressed for engaging the services of FRP, and includes its successors, heirs, executors or administrators and permitted assigns (“Client”).

 

The Contract shall mean the agreement for engaging the services of FRP made between FRP and the Client and shall include the purchase order, quotation terms and conditions, these Terms and Conditions and such other document as specified by FRP. FRP shall provide the services to the Client and the Client shall purchase the services in accordance with the Contract. 

 

These Terms and Conditions are subject to changes and may be amended from time to time. Where amendments are made to these Terms and Conditions, the Client will be notified by FRP and such amendments shall be deemed to be accepted by the Client if no objections are raised by the Client within five (5) days after receipt of the said notification.

(1) VALIDITY
Unless variation to these Terms and Conditions are accepted in writing and signed by one of FRP’s Directors with specific reference to each amendment, these Terms and Conditions stated herein shall be binding on the Client and shall form part of the Contract.
(2) LIMITED GUARANTEE
  1. Unless expressly and specifically provided in writing, FRP shall not be liable for the performance of the plants, materials, goods, works, methods and/or such other aspect of its services under the Contract including but not limited to the workmanship and/ or performance of the paint. It is expressly agreed that there is no implied warranty of merchantability or fitness for any particular purpose of the services, nor other warranty, express or implied or by operation of statute, nor any affirmation of fact or promise by FRP with reference to the goods which extends beyond the description of the goods set out in the quotation, and the Client acknowledges that it is purchasing the services or works solely on the basis of the commitments of FRP expressly set out in the Contract. Save as provided in this clause, FRP shall not be under any liability whether in contract, tort or otherwise in respect of defects in the works / services or for any injury (other than personal injury caused by FRP’s negligence), damage or loss resulting from such defect or from any work done in connection therewith.
  2. Any form of guarantee or warranty for material performance and workmanship expressly and specifically agreed in writing shall not be effective and/or binding on FRP until the receipt of full payment for the services performed by FRP under the Contract. Guarantee for materials and workmanship shall be binding on FRP and effective only upon the receipt of full payment for the services performed by FRP under the Contract. For the avoidance of doubt, full payment for the services performed by FRP under the Contract shall also include the release of the retention sum to FRP, if applicable.
(3) PRICE
  1. Unless otherwise specified, the price of the services will be those prices listed in the purchase order and the Contract Price means the total price payable by the Client.
  2. FRP shall be entitled to increase the prices of the whole and/or part of the Contract Price where such increase is caused by circumstances beyond its control, and the Client is liable for such cost increases. Without prejudice to the generality of the foregoing, such circumstances beyond FRP’s control include but shall not be limited to the increase in material prices imposed unilaterally by material supplier (nominated or otherwise), changes in law and regulations, introduction of new workplace safety, health, environment and security rules and requirements imposed by plant owner/Client during the course of the Contract.
  3. FRP’s price for its services shall be deemed exclusive of items not expressly stated in the purchase order. The price(s) for the additional item(s) shall be borne by the Client and chargeable to the Client on a 10% cost plus of and/or per use basis. Without prejudice to the generality of the foregoing, the following items shall be borne by the Client and/or are separately chargeable by FRP based on a 10% cost plus of and/or per use basis:
    1. Transportation of materials to and from FRP’s factory.
    2. Additional cost of inspection or calibration of Machinery/Equipment beyond that required by law and/or regulations.
    3. Changes in the application methods or paint material requested by the Client are deemed as a deviation from the original quotation and any increased costs as a result of the deviation(s).
    4. Special Machinery/Equipment or Consumables, including any calibration, certification or any form of tests.
    5. The cost of special colour paints material, including disposal of unused paints upon completion.
    6. The cost of additional coats of paint to achieve sufficient opacity, upon achieving the specified DFT (Dry Film Thickness).
    7. The cost of any unused coating material where such unused coating material are shipped from overseas and are not commonly found or used locally.
    8. The cost of inspections using destructive methods, including the cost of repairs after the test, regardless of the results of the test.
    9. The cost of performing specific test, including the test kits for detection of the presence and/or quantity of, for example, chloride, sulphates and nitrates, etc, and qualified personnel.
    10. Specific brands and types of consumables, PPEs or tools that the Client and plant owners specify for use, without the option of alternative products that conforms to recognized standards.
    11. Specific/special insurance coverage as required by the Client and/or plant owners.
    12. Supply of temporary lightings and utilities, including any associated cost incurred to provide such services.
    13. The relocation and/or mobilisation cost of equipment upon the Client’s request to stop work and/or relocate the equipment to another location for whatever reasons.
  4. FRP shall be entitled to the release of the retention sum upon the provision of a bankers’ guarantee of amount equivalent to the retention sum.
  5. FRP requires and uses foreign labours, from Non-Traditional Sources (NTS), hired as work permit holders, for all local work activities. In accordance to local regulations, hiring of such labour requires Man-Year Entitlement (MYE) provided by the Client through a formula by the local authorities.
    1. The number of workmen assigned to each job will be equivalent to the number of MYE provided by the Client based on the formula.
    2. In cases where the Client could not provide any MYE for their job for whatever reasons, and where FRP is require to provide these labours within its own resources, FRP will not be held liable to commit to a consistent manpower loading and may make adjustment to the number of labour or extend the job schedule.
    3. Whenever the main contractor and/or Client requires a consistent manpower loading without providing any MYE, or where additional labour requested by the Client exceeds the MYE provided for the job, the Client shall reimburse FRP for the cost of providing such additional labours.
    4. If the Client does not provide MYE but supply labour for FRP to meet the planned manpower loading, or, to meet the increases of labour due to job circumstances, changes and/or demands, FRP is not obliged to reimburse for any additional labour and their associated cost. FRP is also not liable to provide any form of supervision, material, equipment or to the performance of these labours.
(4) SAFETY, HEALTH, ENVIRONMENT & SECURITY(SHE&S) SPECIFICATION AND OTHER REQUIREMENT
  1. FRP shall only work in workplaces whereby the conditions are safe and not compromised. FRP shall not be required to commence work on any site we consider hazardous and shall be entitled to stop the works, including but not limited to the presence of any conflict activities, which possess a hazard to FRP’s personnel.
  2. All supplies of Personal Protective Equipment (PPE) and safety related equipment to FRP’s personnel shall be in accordance with the standards of the relevant regulatory practices and policies (such as the Ministry of Manpower (MOM) Workplace Safety & Health Act, Singapore Standards (SS)/Code of Practice (CP)). FRP shall be entitled to use any SHE&S products, so long as it conforms to the relevant industry standards and shall be entitlted to reject any preferred products or suppliers of the Client.
  3. FRP requires the Client to obtain all relevant insurances, including Third Party and Workmen Compensation to cover FRP workers during site operations, and FRP shall be entitled to demand a copy of the said insurance coverage prior to commencing work. FRP will provide relevant insurance coverage as specified by the Client and will back-charge the premium on 10% cost plus basis, to be reimbursed before the commencement of the work.
  4. FRP shall be entitled to reject, without prior consultation, any heavily pitted, contaminated, laminated and oily materials, like cold rolled items sent to FRP’s shop/factory. Any rectification work required shall be discussed and agreed by both parties, including any cost to cover for such work.
  5. FRP shall be entitled to reject, without prior consultation, any materials, structures and/or pipe spools, etc, either fabricated or unfabricated, where loading, unloading and handling of such materials may result in safety risk to FRP’s personnel and caused equipment damages, or where the weight of these material exceeds the lifting capacity of FRP’s lifting equipment.
  6. All Alcohol & Drug (A&D) test requirements shall be reimbursable by the Client upon completion of the test and receipt of the results.
  7. Except for Occupational Hearing Test, all other medical test and monitoring as requested by the Client shall be reimbursable.
(5) ACCEPTANCE OF QUOTATION / VALIDITY
  1. Upon acceptance of FRP’s quotation, it shall not be varied by any representation warranty or otherwise, whether prior to or subsequent to the acceptance of the quotation, unless both parties agree in writing to an alteration or amendment of the terms of the quotation.
  2. In cases where the Client does not sign on FRP’s quotation and instead issue a purchase order (PO) with their own written terms and conditions, such terms and conditions shall not override these Terms and Conditions stated herewith.
  3. FRP shall be entitled to decline to start work without written acceptance of quotation by FRP or the issue of an acceptable PO from the Client.
  4. All completed works shall be collected within two (2) working days from FRP’s shop/factory upon notification. FRP shall be entitled to charge the Client for extended storage duration, and/or, to stop accepting more deliveries, and/or to work until completed works are collected.
(6) VARIATIONS / SUSPENSION
  1. The Client shall not be entitled to instruct any variation or suspension of the Contract without FRP’s prior written agreement as to the effect on the Contract Price and other elements of the Contract. If after a period of one (1) month from the date of suspension requested by the Client, the Client has not agreed to the resumption of the Contract, FRP shall be entitled to treat the Contract as having been unilaterally cancelled by the Client in which case, FRP shall be entitled to such sums representing the loss and damage suffered and/or incurred by FRP, as if there was a repudiation of the Contract by the Client.
(7) COMPLIANCE WITH LAW
  1. This agreement is governed by and construed in accordance with the Laws of Singapore and the Client irrevocably agree to submit to the exclusive jurisdiction of the Singapore Courts.
  2. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any term herein, but does not affect any right or remedy of a third party which exists or is available apart from the said Act.
  3. If any provision of the Contract is held invalid by any law and/or regulation, all other provisions hereof shall continue in full force and effect.