Terms and Conditions of Sale

The following terms and conditions apply to the "Customer" purchase from Pobletech Inc., the "Company." These terms and conditions are subject to change at any time without prior written notice and at the sole discretion of Pobletech Inc.

1. Prices

a) Quotations are subject to confirmation upon receipt of order and the right is reserved to amend any accidental errors and/or omissions on the quotations or invoice;

b) Prices quoted in US Dollars are based on rates of exchange, freight and insurance charges as at the date of offer unless stated to the contrary;

c) The right is reserved to revise prices where conditions change between the date of quotation and date of delivery.

d) The price quoted on a quotation will not be altered provided that an order is received within thirty days from the date of the quotation, unless stated to the contrary, and provided that such prices are under the control of Pobletech Inc.

e) The price quoted on a quotation includes 12% VAT . Local delivery is charged at cost plus 10%.

2. Customs Duties

The Customer will be liable for all customs duty payable on the equipment/materials supplied or requested from the Company. 


Delivery shall be deemed to take place when the equipment/materials are placed in transit to the Customer at which time the whole risk and responsibility shall pass to the Customer. The cost of any special handling caused by Customer's request shall be added to the total price of the order.

The Customer shall be liable for all additional costs and risk if the Company delivers the product erroneously because of inaccurate and misleading information supplied by Customer or its agents or employees. In case of unforeseen delay of delivery, the Company will exert its best efforts to give immediate notification to the Customer. However, nothing in this clause shall permit ownership or title to the equipment/materials to pass to the Customer until the whole price of the equipment/materials has been paid in full to the Company.

4. Completion

In the event that goods are ready for delivery and delivery is delayed as a result of Customer's instructions or any other reason beyond the Company's control, the Company will have the right to invoice the Customer and the Customer agrees to pay the invoice for all equipment/materials delayed.

5. Insurance

Where the equipment/materials are insured by the Company at their discretion or at the Customer's request, the charge for the insurance may be made on the invoice. The Company's liability in respect of insured risks shall be limited to the amount received by the Company under insurance or the value of the equipment/materials whichever is less from which deductions may be made by the Company for expenses incurred in relation to the claim.

6. Carriage

Prices exclude delivery, which will be invoiced in addition at cost plus 10%. The cost of packing and handling is payable by the Customer.

7. Damage and/or Loss in Transit

The Customer shall advise the Company and the carriers in writing for any claims for damage, shortage or errors in shipping within three days of receipt of the equipment/materials. In the event that equipment/materials are not received by the Customer, the Company and the carriers must be notified in writing within fourteen days from the date of advice of dispatch. The Customer shall be given twenty one days (21) from the date the Customer receives the products to inspect such products for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify the Company, in writing, of any defects, nonconformance or rejection of such products. After such 21 days period, Customer shall have no right to reject the products for any reason or to revoke acceptance. Customer hereby agrees that such twenty-one (21) day period is a reasonable amount of time for such inspection and revocation. Products alleged to be defective in workmanship or material will be replaced subject to the manufacturer's inspection and warranty.

8. Payment Terms

All orders require 50% deposit and payment in full of the invoice amount prior to shipment, unless a separate contract exists. Prices are net and no deduction or settlement discounts are allowed except where otherwise agreed.

9. General Warranty 

Unless otherwise stated in writing, all products are sold subject to the Limited  Warranty Policy in effect for such products at the time of acceptance of Customer's purchase order by the Company, a copy of such warranty will be provided upon request. The duration of the warranty is 36 months from the date of shipment. This warranty provides for the replacement, of damaged, under- or non-performing parts due to factory defects. This warranty is extended to the original PURCHASER of the GOODS and is not transferable. 

10. Limitation of Liability

In no event shall the Company's total liability to Customer for all damages exceed the amount actually paid by Customer to the Company. 

11. Indemnification by Customer

The Customer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the products. The Company will not be responsible for any losses or damages sustained by the Customer or any other person as a result of improper use of the products. The company shall not be liable for any claim or infringement based upon any product which is altered or modified without the authorization of the Company.

To the fullest extent permitted by law, Customer will indemnify, defend and hold the Company, including Company's partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from any claim, demand, cause of action, debt or liability (including reasonable attorneys fees, expenses and court costs) arising from: 

(a) Customer’s modification(s) of and/or addition(s) to Product(s); 

(b) Customer’s breach of this Agreement, and 

(c) Customer’s omissions, misrepresentations, or negligence, to the extent such claim is based on 

    (i) Customer’s modification of and/or addition to the Products, misuse or abuse of the Products, negligence or breach of any provision in this Agreement; 

    (ii) Customer’s failure to abide by all applicable laws, rules, regulations and orders that affect the Products; 

    (iii) Customer's omission, misrepresentation, or negligence, or

    (iv) Customer’s or another end-user’s intentional harm to any person or property.

12. Force Majeure

The company shall not be liable to the Purchaser for any loss or damage suffered by the Customer directly or indirectly as a result of Company's failure or delay in performing its obligations under the foregoing conditions where such failure or delay is caused by any occurrence beyond the control of the Company. In the event that the Company is unable to fulfill its obligations because of such force majeure, it shall give written notice to that effect to the Customer stating the particulars and the period of time that it will be unable to perform its obligations.

13. Product Returns

The Company guarantees that it will only ship products that have the specification and the functionality of the products ordered. The Customer have twenty one (21) days from receipt of product to report any non-conformance and defects of the products received. All returns must be pre-authorized by the Company. Products returned must be in as new condition and in the original packaging or additional charges may be incurred.

14. Publicity

The Customer is not authorized to make any news release, advertisement or other disclosure using the name of the Company or the trade name of the product without prior written approval.

15. Proprietary Information

All information, oral or written, provided by Company to Customer relating to the equipment sold or services rendered pursuant to this Agreement is proprietary to the Company, and shall not be reproduced or duplicated by Customer.     

16. Severability

If any portion of this Agreement is found by any court or other judicial or administrative authority to be unenforceable or otherwise void, the remaining provisions of the Agreement shall not be affected thereby and shall remain in full force and effect.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.