Please read these terms and conditions before proceeding to the checkout. These Terms and Conditions govern the legal relationship between you ("You or "Your") and http://www.ftmasia.com ("FTM Asia", "Us" or "Our").

WHOLE AGREEMENT
A) These Terms and Conditions represent the entire agreement between You and FTM Asia and there are no other representations between You and FTM Asia.
B) These Terms and Conditions supersede all previous agreements between You and Us.

ORDERS
Subject to clauses 4, 5 and 6, FTM Asia will supply the Goods to You upon the receipt of an Order from You whether via our Website or otherwise.

PAYMENT
A) You must pay Us the Outstanding Amounts in respect of each Order upon the payment terms described in any Order or any Invoice which relates to that Order.
B) If any Order or Invoice does not contain any description of Our payment terms, then You must pay all Outstanding Amounts in respect of that Invoice within seven (7) days of the supply of the Goods which that Invoice relates to.
C) You authorise Us, at Our discretion, to appropriate any money received from You against any Outstanding Amounts which are due and payable by You to Us.

RETENTION OF TITLE
In respect of each Order:
A) Property in the Goods will pass to You only when FTM Asia has received payment in full of all Outstanding Amounts from You.
B) You agree that until FTM Asia receives payment in full of the Outstanding Amounts from You:
i) FTM Asia retains title in the Goods and You take possession of the Goods as fiduciary agent and bailee of FTM Asia only;
ii) You may not resell the Goods onto any third party;
iii) You may not mix the Goods with any other goods; and
iv) Any Goods which are delivered to You must be separately identified as the property FTM Asia.
C) If any Event of Default occurs, You immediately:
i) Grant FTM Asia an irrevocable licence, and will assist FTM Asia, to retake possession of any Goods which remain the property of FTM Asia ; and
ii) Will not deal with the Goods in any way without the prior written consent of FTM Asia.
This clause survives the termination of these Terms and Conditions.

DELIVERY AND RISKS
A) You assume all risk in respect of the Goods and their delivery from the time FTM Asia dispatches them from Our premises or from our suppliers' premises.
B) Any claims by You that the Goods supplied by FTM Asia do not fulfil the Order, must be notified in writing to FTM Asia within seven (7) days of the supply of those Goods.
C) FTM Asia will not be bound to accept any return of the Goods by You, unless the return is authorised in writing by FTM Asia and, only if those Goods are returned to Us at Your expense.

RIGHT TO SUPPLY
A) FTM Asia reserves the right to accept or decline in whole or in part at any time, any Order made by You for the supply of Goods.
B) Notwithstanding that FTM Asia has accepted an Order in whole or in part FTM Asia may, at any time before the fulfillment of that Order, refuse to supply that Order or any part of that Order to You.
C) Each Order is subject to FTM Asia having the Goods available to fullfil that Order.
D) You agree that time is not of the essence for delivery, however, time for payment of all Outstanding Amounts is of the essence.

LIMITATION OF LIABILITY
A) All manufacturers' warranties are passed onto you by FTM Asia.
B) Other than the warranties expressly given by the manufacturer, FTM Asia makes no other warranty in relation to the supply of the Goods and You acknowledge that You have not relied on any other representation or warranty made by or on behalf of FTM Asia in relation to the Goods or their supply.
C) Any other warranties or conditions implied by law, either by statutory instrument or otherwise, are expressly excluded to the extent that such warranties and conditions in respect of the Goods may be lawfully excluded.
D) To the extent permitted by law, if FTM Asia is or becomes liable to You in any manner whatsoever for breach of warranty or in relation to the supply of any defective Goods, then FTM Asia's liability is limited solely to the price paid by You for such Goods, or the cost of their repair or re-supply, whichever FTM Asia elects.
E) You acknowledge that You have undertaken Your own inspections and made Your own independent enquiries in reaching Your decision to purchase the Goods.
F) You acknowledge that no warranties and/or representations have been made in relation to the capacity, use, performance, adequacy or suitability of the Goods, other than any representations made in writing by the manufacturer and that Your has relied upon Your own enquiries in making the decision to purchase the Goods.
G) You acknowledge that FTM Asia has made no warranties that the product(s) are without any risk.
H) If You have a pre-existing condition which may be affected by the use of the product(s) purchased from FTM Asia, You warrant and represent to FTM Asia that you have made all of Your own enquiries regarding the use of the product(s) in light of Your pre-existing condition.
I) You acknowledge and agree that it is Your sole responsibility to ensure that You are fully informed of and understand any and all risks associated with the use of the product(s) and any pre-existing conditions You may have.
J) You will indemnify and hold FTM Asia harmless from and against any and all claims which may be made by You against FTM Asia, which arise directly or indirectly from Your acts, omissions or negligence in utilising the product(s) in any manner.

DEFAULT
If You breach any of these Terms and Conditions, You will indemnify and continue to indemnify FTM Asia for all Costs associated with remedying Your breach.

MISCELLANEOUS
A) These Terms and Conditions may not be amended except in writing signed by You and Us.
B) These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the Province of British Columbia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia;
C) Waiver of a breach of, or default under, these Terms and Conditions:
i) is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these terms and conditions; and
ii) must be in writing and signed by the party granting the waiver.
D) Each party must do all things and execute all further agreements necessary to give full effect to these terms and conditions.

DISCLAIMER
FTM Asia acquires these goods from manufacturers around the world as fully boxed, brand new, never used, not remanufactured products. The product(s) is not evaluated by FTM Asia for mechanics or safety in any way whatsoever. You, by ordering goods fully accept the terms that You assume full and total responsibility for any and all aspects regarding: health, property damage, pain, eye damage from misuse, liability, burning from misuse, failing to keep product away from children, or death or otherwise agree to order or use this product. FTM Asia has priced inventory very low in accordance with its unsupervised inherent risks of operation along with being unevaluated by FTM Asia; moreover, all possible caveats whether listed here or implied are passed on to You. By ordering You agree fully with this hold harmless disclaimer or do not order or use this product. All of the information that explains this product is located throughout our Web site located at http://www.ftmasia.com and is from the Manufacturer only, not http://www.ftmasia.com; it's this information alone that you should evaluate and review when deciding whether to purchase this product or not. As such, we FTM Asia make no claims as to the accuracy of any: marketing, explanations, descriptions, successes, testimonials, before and after photographs or proper process and use, or any other interpretation You may make from any of the words from the Manufacturer. It is Your responsibility to familiarize yourself with the proper use of the product(s) and the inherent risks of each product. It is up to You to read and review all of the Manufacturer's instruction booklet that comes in the box. By ordering this item, you agree that you have read and fully agree with all the above Disclaimer, without exception.

DEFINITIONS
A) a provisional liquidator is appointed to You or a petition or an application is presented or an order is made or an effective resolution is passed or a meeting is summoned or convened for the purpose of considering a resolution for Your winding up or Your dissolution without winding up or You are placed into liquidation;
B) a receiver or a receiver and manager or an administrator or controller is appointed over You or any of Your assets;
C) an encum brancer takes possession of any of Your property or any part of such undertaking or property;
D) You cease or threaten to cease to carry on Your business or You are unable to pay Your respective debts or permit execution to be levied against any of Your assets for an amount in excess of $2,000.00 and such execution is not stayed or satisfied within fourteen (14) days;
E) You enter into any arrangement, reconstruction or composition with any of Your creditors or propose to do so;
F) You charge, mortgage or otherwise encumber all or any of Your assets or purport to charge, mortgage or otherwise encumber those assets;
G) in the sole opinion of FTM Asia, You are carrying on a business at a loss and further prosecution of such business will endanger Your ability to repay any monies owing to Us;
H) pursuant to the provisions of the Corporations Law, You are placed under official management or a meeting is summoned or other steps taken for the purpose of placing You under official management or appointing an official manager pursuant to the Corporations Law or if any person is appointed or proposed to be appointed under the Corporations Law to investigate Your affairs;
I) without limiting the operation of the events referred to in paragraphs (a) to (h) above, You propose or enter into some other form of insolvency or administration whether voluntary formal or informal;
J) an event or series of events, whether related or not, or whether as a result of Your fault or not, results in any material adverse change in Your financial condition which has or is in the opinion of FTM Asia likely to have a material and adverse affect on Your ability to repay any money that You owe to FTM Asia;
K) You default in the performance of any of Your obligations under these Terms and Conditions; or
L) if You are an individual, any act of bankruptcy by You.

The following words have these meanings in these terms and conditions unless the contrary intention appears:

Costs
Includes all costs incurred by FTM Asia in supplying and delivering the Goods to You including without limitation all solicitors' fees (on a solicitor and own client basis) commercial agents' commission, freight, insurance, loss of profit and interest and any applicable State or Federal taxes.

Event of Default
Means that any of the following has occurred:

Goods
Means any goods supplied by FTM Asia to You, as described in the relevant Order or Invoice

Invoice
Means any invoice for the Goods supplied to You by FTM Asia.

Order
Means any order for Goods placed by You with Us.

Outstanding Amounts
Means all amounts due and payable by You to Us including the Purchase Price for any Goods supplied, and all Costs which You are liable to pay to Us.

Purchase Price
Means the price for Goods supplied by Us to You as stated on the Invoice but does not include the Costs and the Taxes.

INTERPRETATION
In these Terms and Conditions, unless the contrary intention appears:
A) words importing the singular import the plural and vice versa;
B) a reference to any gender will be deemed to be a reference to all genders;
C) any headings have been provided for ease of reference only and are not to be used in the interpretation of these Terms and Conditions;
D) if any provision in these Terms and Conditions are held to be invalid or unenforceable in whole or in part, such provision will be severed and the validity of any other provision in these Terms and Conditions or of the remainder of the provision being severed will not be affected;
E) all powers, rights, remedies and authorities conferred upon the parties may be exercised on behalf of and in the name of them from time to time by any of their respective authorised solicitors or attorneys from time to time, either authorised to act for them generally or in a particular case;
F) a provision of these terms and conditions may not be interpreted against a party just because that party prepared the provision;
G) a reference to a statute includes an amendment or re-enactment to that legislation and includes subordinate legislation in force under it;
H) a reference to these terms and conditions includes an amendment or supplement to, or replacement or novation of these Terms and Conditions;
I) a reference to a party to these Terms and Conditions, includes that party's successor, assigns, employees and sub-contractors; and
J) a reference to a person or words denoting a person includes any company, statutory corporation, partnership, joint venture, association, board, government or semi-government agency or authority and that person's successors and legal personal representatives.

Contacting Us
If there are any questions regarding this Terms & Conditions, you may contact us using the information below.

FTMAsia.com



Website: www.ftmasia.com
Email: contact@ftmasia.com
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Terms & Conditions prepared by FTM Asia