Terms and Conditions of Sale

Effective: January 2024


1.      General


1.1.      These Terms and Conditions of Sale apply to all Orders placed by Customers on DevcoPhil’s website www.devcophil.com.

1.2.      DevcoPhil is a Business-to-Business (B2B) and Business-to-Consumer (B2C) supplier.  The website is intended for use by Corporate Customers and Private Individuals.

1.3.      All the product’s descriptions on DevcoPhil website are approximate only and shall not be the basis of the Contract between DevcoPhil and the Customer.  DevcoPhil shall not be liable for any errors or omissions on its website.

1.4.      DevcoPhil may from time to time amend, alter, or replace the Terms and Conditions of Sales without prior or written notice to the Customer.



2.      Definitions and Interpretations


2.1.      “Company” means a legal entity formed to engage in and operate a business (commercial or industrial) enterprise.

2.2.      “Contract” means an agreement between DevcoPhil and a Customer for the purchase, supply and delivery of the Products.

2.3.      “Corporate Customers” means a Company that purchase goods and services from DevcoPhil for use in the business, manufacturing and maintenance of the Company’s operation.

2.4.      “Credit” means a privilege extended by DevcoPhil to Customer to obtain goods before payment, based on the trust that payment will be made in the future.

2.5.      “Customer” pertains to a Corporate Customer and/or Private Individual Customer that enters into Contract with Devcophil.

2.6.      “Custom-Fabricated Products” pertains to goods fabricated to its original form.

2.7.      “DevcoPhil” means DevcoPhil Industrial Sales, Inc., a Philippine based e-commerce Company.

2.8.      “DevcoPhil Guarantee” means the warranty/guarantee describe in clause 12.

2.9.      “DevcoPhil Platform” means DevcoPhil website from which the Customer search and purchase the products they required.

2.10.      “ITB” means Invitation to Bid.

2.11.      “Loss” means damage, loss, liability, expenses or cost whether direct or indirect, consequential or incidental.

2.12.      “Non-Standard Products” means either a catalog or non-catalog items that requires a secondary process at the request of the buyer.

2.13.      “Online Order” mean an Order placed by a Customer in the DevcoPhil Platform.

2.14.      “Orders” means an Online Order or Purchase Order placed by Customer for the supply and delivery of the Products.

2.15.      “Price” means the Price provided in the DevcoPhil Platform.

2.16.      “Private Individual Customer” means Customer who do not represent a Company but purchase product from DevcoPhil for personal use.

2.17.      “Products” means all of the goods offered for sale by DevcoPhil which are supplied or to be supplied by DevcoPhil to a Customer together with related services (if any).

2.18.      “RFQ” means Request for Quotation.

2.19.      “Purchase Order” or “P.O.” means an official document issued by the Buyer to DevcoPhil for the purchase of the products documenting the exact requirements of the buyer in terms of product description, quantity, pricing, delivery schedule and place, and terms of payment.

2.20.      “Terms and Conditions of Sales” means these Terms and Conditions of Sale as amended from time to time by DevcoPhil.



3.      Prices


3.1.      The Price payable for Products is that amount indicated on the DevcoPhil website, unless otherwise agreed in writing by DevcoPhil.  DevcoPhil reserves the right to change the prices anytime without prior notice.  In the event of any conflict between the prices of the Products listed in DevcoPhil’s website and the Prices listed in the catalog, the Prices listed in the DevcoPhil’s website shall prevail.

3.2.      DevcoPhil may extend discount for large volume Orders at DevcoPhil’s discretion.

3.3.      Prices presented in the Platform are either inclusive or exclusive of Value Added Tax (VAT). 

3.4.      Any specification changes of the Product by the Customer after acceptance of an Order by DevcoPhil, may incur additional cost, which may be invoiced to the Customer.

3.5.      Unless specifically included in DevcoPhil’s offer, installation and commissioning are not included in the quoted price.  Installation and commissioning can be requested from DevcoPhil and will be charged separately.



4.      Quotation


4.1.      Customers may send their product inquiries (RFQ or ITB) and other attachment(s) through email at sales@devcophil.com with the subject “Request for Quotation (RFQ)” or “Invitation to Bid (ITB)”.  This can also be seen under Contact Us for the same purpose.

4.2.      In case the Customer’s inquired Products are either not available or may have been discontinued or obsolete, DevcoPhil shall make an offer similar or related to the Product inquired, to which the Customer shall make an assessment and evaluation if the offered Product suggested by DevcoPhil suits the requirement before placing the Order.

4.3.      DevcoPhil may extend discounts upon DevcoPhil’s discretion.

4.4.      Quotations are valid for a period of 30 calendar days from the date of issuance.

4.5.      DevcoPhil will not be bound by clerical errors or omissions whether in computation or otherwise in any quotation, acknowledgement or invoice and the same shall be subject to correction.



5.      Ordering


5.1.      Customer may place Orders by issuance of Purchase Order (P.O.) to be emailed to order@devcophil.com which can also be found in Contact Us.  DevcoPhil Admin Team will process Order after confirmation and verification, and will coordinate with our Logistic Team for the shipment and delivery of goods to the customer’s designated location.

5.2.      Customer must be specific in using the DevcoPhil’s website, each Product has a designated Stock Number, Price, Quantity, and Unit of Measurement (UOM) which should be followed by the Customer.

5.3.      In the issuance of Purchase Order (P.O.), Customer must submit Orders citing DevcoPhil’s Stock Numbers and the Price in DevcoPhil’s website or the Quotation.  The Customer must indicate the date of delivery, delivery address, contact person, telephone number and e-mail address in the Purchase Order (P.O.).

5.4.      In the event that Customer decided to placed the Order after the validity period of the Quotation, and that prices in the Platform has changed, the Customer must verify with DevcoPhil to confirm if the Price(s) Quoted shall still be granted including verification if the Product is still available before placement of the Order to avoid cancellation of the Order.  If there are any changes with the price(s), DevcoPhil may send a revised Quotation to the Customer or request cancellation of the quotation if the product is no longer available.

5.5.      For Custom-Fabricated Products, Customer must provide design, layout (with measurements), material specification and sample of the products to be replaced and/or fabricated, if necessary.

5.6.      If the Customer orders the wrong product, the provision in clause 9 and 10 (Cancellation and Returns) will apply.

5.7.      DevcoPhil reserves the right to decline to accept an order by giving notice of non-acceptance to the Customer by telephone or email within the reasonable period of receipt of the order by DevcoPhil, whether or not payment has been received. 

5.8.      In the event that DevcoPhil rejects or cancels an order for which payment has been received, the total amount shall be refunded to the Customer as soon as reasonably practicable.



6.      Delivery


6.1.      Orders placed by Customer that was not granted credit in accordance with Clause 5 (Ordering) will be subject to verification and payment in advance prior to Delivery.

6.2.      If Customer was granted Credit, DevcoPhil will issue the Sales Invoices and Delivery Receipt to the Customer during the delivery of the Products.  The Customer or it’s receiving representative must affix its signature over-printed name in the Invoice and delivery receipt including the date the Product was received and accepted.  The date the Product was received and accepted by the Customer shall serve as bases for the termed payment.  If the Customer or the receiving representative secures the original copy of the Invoices and Delivery Receipt, the words RECEIVED ORIGINAL COPY must be noted in the duplicate copy of DevcoPhil with signature and date of the receiving party.

6.3.      Subject to, and in accordance with Clause 5 (Ordering), DevcoPhil will deliver the Products specified in the Customer’s Purchase Order.  DevcoPhil may use a third-party delivery agent to deliver the Products to the Customer.

6.4.    DevcoPhil will use reasonable endeavors to deliver the Products in accordance with the terms of the Order but will not be liable for any failure or delay to deliver the Products in accordance with any particular requirements of the Customer and such failure or delay will not entitle the Customer to reject the Products, terminate the Contract or to claim any compensation of any nature.

6.5.      Unless otherwise agreed, the cost of delivery of the Products to the Customer is the responsibility and to the account of the Customer.

6.6.      Where Products are to be delivered to, or services are to be supplied at the Customer’s premises, the Customer must ensure that DevcoPhil or its carrier has an uninterrupted access to the Customer’s premises to enable the products to be delivered and, where applicable, the services to be provided.  Where access is not provided, the Customer shall pay DevcoPhil upon demand such an amount calculated by DevcoPhil as will compensate DevcoPhil for time rendered and expenditure and any storage and other charges.

6.7.      Delivery risk and obligations in the Product passes to the Customer if:

7.      Acceptance


7.1.      All deliveries must be inspected by the Customer for missing or damaged Products before signing the Sales Invoice and Delivery Receipt.  Missing or damaged Products should be noted in the Delivery Receipt.

7.2.      DevcoPhil will consider that all Ordered Products have been received by the Customer as being in accordance with the Orders placed, unless the Customer notified DevcoPhil within 48 hours after delivery for any discrepancy (defect, damage, shortfall in the delivery) either by telephone or email.  If the Customer fails to give any such notice, the products shall be conclusively presumed to be received in Good Orders and Conditions.

7.3.      Any missing Product shall be delivered by DevcoPhil, and the Products with apparent defect upon reasonable examination shall be replaced by DevcoPhil or refund the Customer the amount of the Product’s Price, as the case, maybe.

7.4.      In any event, the Customer should refuse to accept a parcel delivered to it in a damaged condition.



8.      Payments


8.1.      If the Customer was not granted credit by DevcoPhil, the terms of payment must be made in advance prior to delivery using the following mode:

1. a)      Cash payment
2. b)      Cheque payment (cheque must be cleared prior to delivery) 
3. c)      Bank Deposit/Transfer

8.2.      If credit has been granted, the standard credit term granted by DevcoPhil is 30 calendar days from the date of receipt and acceptance of the Products by the Customer with reference to Clause 6 (6.2).

8.3.      The Customer must inform DevcoPhil if the cheque or payment is ready for pick up, otherwise, DevcoPhil will make the necessary follow up through telephone or email if the amount is not paid on the due date of payment.

8.4.      If the amount is not paid on the due date of payment, and after several notices has been made on the follow ups, without prejudice to any other right or remedy:

1. a)      Customer shall be liable to pay DevcoPhil the interest at a rate of 10% per month on all overdue amounts from the due date of payment until the date of payment in full.
2. b)      Customer shall be liable to pay all expenses and legal costs incurred by DevcoPhil in relation to obtaining or seeking to obtain an appropriate remedy, and
3. c)      Suspend all delivery of the Products and any other Contract for as long as the default continues.

9.      Cancellation


9.1.      All Order once placed are irrevocable but may differ by agreement in writing and on terms which will indemnify DevcoPhil against all Loss.

9.2.      A fee will be applied to any Order for Non-Standard Products that is cancelled before delivery to the Customer based on the costs DevcoPhil will incur as a direct result of cancellation.

9.3.      DevcoPhil reserves the right to cancel any Order notifying the Customer in writing if fulfillment is impossible within the period of time due to war, strike, lockdown, pandemic, political conditions, delayed or faulty delivery from Partner-Supplier or other incident of force majeure and Devcophil shall not be liable for any resulting loss suffered by the Customer.



10.      Returns


10.1.      Other than the defect of the products covered by warranty, the Customer shall be charged   with the processing fee and other expenses incurred in respect of all the Products returned.

10.2.      Customer may not return Products for credit without the prior written approval of DevcoPhil,   and may receive a credit or refund based on the following conditions only:

1. a)      Customer must contact DevcoPhil with a written reason of return by email to obtain prior consent and upon written approval of DevcoPhil. 
2. b)      The Product must be returned to DevcoPhil in its original condition and packaging, unopened and unused, unsoiled, undamaged and in re-saleable condition.
3. c)      Return must be made within 30 calendar days from the date of delivery and acceptance with freight and insurance pre-paid by the Customer and accompanied by the original copy of the Sales Invoice and Delivery Receipt issued by DevcoPhil during delivery.

10.3.    The Product must be clearly labelled with the return address to: DevcoPhil Industrial Sales, Inc., 103 San Antonio Street, Pook Dagohoy, UP Campus, Diliman, Quezon City 1101 Philippines.

10.4.     If the Product has been returned and does not fall in accordance with Clause 10.2 (a) to (c), DevcoPhil may refuse to accept the returned Product, and may send the Product back to the  Customer at their expense.

10.5.     The Return Policy excludes consumables, Non-Standard Products, Custom-Fabricated Products, specially manufactured Products, Calibrated Products and any Products marked as  non-cancellable (NC) or non-returnable (NR).

10.6.      DevcoPhil accepts no responsibility for any loss of or damage to any Products during transit from Customer to DevcoPhil or for any items received by DevcoPhil.



11.      Warranty


11.1.      DevcoPhil warrants that all Products purchased from DevcoPhil are free from material, workmanship, and factory defects. 

11.2.      The DevcoPhil Guarantee is provided to the original user only.  

11.3.      Subject to the provisions of clause 6 (Delivery) and to the extent permitted by Law, and its surrounding defects are apparent on Delivery, DevcoPhil will, at its option, repair or replace the Products free of charge.

11.4.      Within the guarantee period, in the unlikely event of a Product malfunction, DevcoPhil will at its option repair or replace the Product free of charge, subject to the conditions below:

11.5.      DevcoPhil guarantee does not cover:

1. a)      Normal wear and tear;
2. b)      Consumable Products or replacement of consumable Products;
3. c)      Accident, abnormal operation condition, or Acts of God;
4. d)      Misuse or negligent handling or mishandling;
5. e)      Improper use, failure to follow the Product Instruction Manual including operation of the products beyond its capacity other than that specified for which the Product was not design, manufactured, recommended or advertised;
   
   
6. f)      Failure to carry out maintenance or repair;
7. g)      Damage resulting from repairs or maintenance or modifications carried out by unauthorized or unqualified person.

11.6.      Customer must retain any receipt provided by DevcoPhil as proof of purchase and provide the same as evidence of the date of original purchase when claiming under the DevcoPhil guarantee.

11.7.      Any additional warranty / guarantee which is supplied with a Product, does not extend to any defects in the products, components or parts, where those have been supplied to DevcoPhil by third parties, save that Devcophil will not be obliged by these Terms and Conditions to so. DevcoPhil will assist the Customer to obtain the benefit of the third party’s warranty / guarantee, if any.

11.8.      If Customer returns defective Products, but falls in clause 11.5 (a) to (g), DevcoPhil may refuse to accept such Products and return the items back to the Customer at their expense.

11.9.      To the maximum extent permitted by law, DevcoPhil shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind or death whatsoever arising directly or indirectly from the Products caused by negligence.

11.10.      Notwithstanding anything in these Terms and Conditions of Sale, DevcoPhil shall be subject to any warranties implied by law to the extent that it is not possible to exclude, restrict or modify such warranties.

11.11.      The Customer indemnifies DevcoPhil against all claims, proceedings, losses, costs (including legal costs) and expenses whatsoever and howsoever arising from and in connection with any of the following:

1. a)        Act of omission and negligence of the Customer;
2. b)        Unauthorized representation or any error, mistakes and accuracies made by the Customer in relation to the Products.
3. c)        Breach or default under these Terms and Conditions by the Customer.
   

12.      Anti-Bribery, Graft and Corruption


12.1.      DevcoPhil, including its employees, officers, directors, affiliates and its subsidiaries, value honesty, transparency, integrity, and professionalism in dealings with customers, suppliers, competitors, government officials and all other parties DevcoPhil is involved in business dealing with.

 

12.2.      To achieve and sustain this value, DevcoPhil has zero tolerance for bribery and corruption of any kind.  Directors, officers and employees are absolutely prohibited from directly or indirectly make any offer or promise, or to give bribes, kickbacks, and other unauthorized payments to any individual, organization or entity, whether in dealing with government or private sector as an attempt to influence an act or a decision.

 

12.3.      Any gift, entertainment and hospitality paid for or on behalf of DevcoPhil is acceptable only if it is made in good faith and has a justifiable business purpose, but must comply with the DevcoPhil’s and Customers’ policy.

 

12.4.      Any breach of this Clause 12 shall be a material breach of these Terms and Conditions which is incapable of remedy.



13.      Termination


13.1.      DevcoPhil Website may be inaccessible or inoperable for any reason, including but not limited to:

1. a)         periodic maintenance and update procedures; 
2. b)         equipment malfunctions;
3. c)         causes beyond DevcoPhils’ control or which are not reasonably foreseeable.

13.2.      DevcoPhil reserves the right, in its sole discretion and without notice, at any time and for any reason, to: 

1. a)         remove or disable access to all or any portion of Devcophil website;
2. b)         suspend Customer’s Registered Account to access or use all or any portion of DevcoPhil website;

1. c)         DevcoPhil reserves the right to change or amend any of the terms of service of DevcoPhil Website at any time in its sole discretion. 

13.3.      These terms and conditions are applicable upon accessing the site and/or completing the

registration or shopping process. These Terms and Conditions, or any part, may be terminated by www.devcophil.com without prior notice at any time, for any reason.



14.      Miscellaneous


14.1.      This agreement contains the entire understanding of all users of  www.devcophil.com with respect to the subject matter hereof. All implied agreements and understandings, either oral or written, heretofore made are expressly superseded by this agreement.

15.      Applicable Law


15.1.      These Terms and Conditions of Sale shall be governed by, and construed in accordance with the laws of the Philippines.