Terms and Conditions

Last updated on March 2024

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Welcome to our website. Please read these terms and conditions carefully before accessing
and/or using our Services (as defined below), and any website, any electronic application
owned and/or maintained by us.

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1. INTRODUCTION

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1.1 The following are standard terms and conditions (hereinafter referred to as the
“Terms and Conditions”) which shall apply to all sales contracts between SGMURPHYBED
(UEN: 53413641M) (“SGMURPHYBED”, “we”, “us”, “our”) as seller and YOU as buyer. We
may from time to time, amend these Terms and Conditions without further notice to you.

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1.2 These Terms and Conditions apply to the relationship between you, as the buyer,
and SGMURPHYBED through the website www.sgmurphybed.com (“Website”) together
with any other websites maintained by SGMURPHYBED that may be accessed through this
website. The purpose of the Terms and Conditions is to define the terms and conditions on
the basis of which that is to govern your purchase of our products and related accessories
as sold by us (“Products”) and the use of the services provided by us to you in connection
with your purchase of our Products (“Services”).

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1.3 By offering to buy and buying the Products from us, you are indicating your acceptance to be bound by these Terms and Conditions to the exclusion of any other terms and conditions. These Terms and Conditions may be modified from time to time by updating this page without your prior approval. If you do not agree to the amended Terms and Conditions, you have the right to leave the Website and cease using the Website. By continuing to use our Website, purchase our Products and engaging our Services after the changes come into effect shall mean that you agree to be bound by these Terms and Conditions as amended. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

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2. CONSENT TO THE TERMS AND CONDITIONS

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You represent and warrant that you have read, understand and agree to be bound by these Terms and Conditions (and other documents referred to herein, if any) which constitute a legal agreement between you and SGMURPHYBED. You represent and warrant that you have full authority to accept these Terms and Conditions. If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms and Conditions. If you do not have full legal authority to bind your entity to these Terms and Conditions, please ensure that an authorised person from your entity consents to and accepts these Terms and Conditions, otherwise you are prohibited from accessing, linking to or using this Website.

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3. WEBSITE

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3.1 By accessing and using our website (www.sgmurphybed.com) offering custom
products, you agree to abide by the following terms of use in conjunction with the terms and
conditions outlined for the specific custom products provided. Your use of the website is
subject to compliance with all applicable laws and regulations. You agree not to use the
website for any unlawful purposes or in a way that could impair the proper functioning of the
site. We reserve the right to modify or terminate the services provided on the website at any
time without prior notice. Any personal information provided by you is subject to our privacy
policy, and by using the website, you consent to the collection and use of this information in
accordance with our privacy policy.

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4. PRODUCTS

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4.1 You hereby agree and accept that the Product images on our Website are for illustrative purposes only and may differ from the actual Product due to product enhancement or change. For example, the actual design of the laminates may look different when we fabricate it in large pieces. Due to differences in monitors, colors of products may also appear different to those shown on the Website.

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4.2 Such physical differences in the actual Product from the images on our Website shall not be an acceptable reason for a Product return or refund.

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Laminate Defects:

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4.3 Customers selecting PVC and GL laminates should be aware that these laminates are delicate and prone to damage. Minor imperfections such as hairline scratches or slight
peeling may be present in these laminates.

(GL PVC)
1. PVC stands for "Polymer of vinyl" (a thin layer of decorative plastic sheet).
2. GL stands for "Green label" (a paper laminate with a waterproof coating).

Wood Panel Structure:

4.4 For wood panels exceeding 1.5 meters in length, warping or bending may occur,
resulting in an uneven surface. Customers may request additional support or the installation
of door straights to mitigate this issue, subject to an extra charge.

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5. ORDERS AND PAYMENT

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5.1 When placing an order for our Products via WhatsApp, telephone or other modes of communication, you may provide your personal data including but not limited to your name, address, email, mobile number, bank account and credit card details (“Personal Data”). You shall ensure that the details you provide to us are accurate and up to date at all times.

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5.2 We endeavour to take due care with your Personal Data. Whilst we take appropriate technical and organisational measures to safeguard the Personal Data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any Personal Data that you transfer over the Internet to us; any transmission is at your own risk. You accept that we are not liable for misuse due to error in transmission, virus or malware.

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5.3 When placing an order, you shall provide us with the following details:

(a) your Personal Data in connection with the purchase of the Products, and for the purposes of allowing us to provide our Services efficiently;

(b) measurements for the purposes of allowing us to design and customise the Products accordingly; and

(c) delivery details such as the date and time of delivery and installation (as shall be mutually agreed between you and the SGMURPHYBED in writing) and your address which you would like us to deliver and install the Products (“Delivery Details”).

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5.4 You shall be responsible for providing us with accurate measurements so that we are able to customise the Products accordingly. We shall not be liable for any Products that do not cater to your specifications as a result of your inaccurate measurements. We provide site measurement services at SGD 30 per visit. You shall further ensure that your wall, floor and/or ceiling are structurally suitable for the Products to be attached, and any resultant damage to the surrounding structures shall be your responsibility.

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5.5 Once an order is placed, we will contact you to confirm the Products you intend to Purchase from us and will thereafter, issue a payment invoice within 30 days.

5.6 You shall pay to us, fifty per cent (50%) of the total invoice amount upfront, upon the issuance of the invoice to you. The balance fifty per cent (50%) shall be paid by you (the “Balance Amount”) to SGMURPHYBED upon installation of the Products at your premises.

5.7 Where the installation takes more than a day, you shall pay eighty per cent (80%) of the Balance Amount on the first day of installation and the remaining amount shall be paid on the last day of installation.

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Cancellation of the Order

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5.8 You may request for the cancellation of your order (“Cancellation Request”) at any time before the delivery of the Products by providing us a notice in writing by you to us. We shall, at its sole discretion, allow for the cancellation only in some of the following circumstances:

(a) where the materials for the Products have not been fabricated; or

(b) where the materials have been fabricated, we have been informed by the supplier in writing that the supplier agrees to keep the fabricated materials for other use.

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5.9 Any such cancellation shall be effective upon the acceptance of your Cancellation Request by us in writing, and the cancellation shall be subjected to an administrative fee of $120 for each set and/or item. Upon successful cancellation, we shall refund any amounts paid by you to us through such means as shall be agreed between you and us in writing.

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5.10 For the avoidance of doubt, we shall have the right to cancel the order placed with immediate effect, where you have failed to make payment in accordance with the terms stated herein or for any other reason. Any such termination or cancellation shall be effective upon notification in writing to you by us and shall be without liability to SGMURPHYBED, save as set out under Paragraph 5.11 .

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5.11 Notwithstanding Paragraph 5.10 , SGMURPHYBED agrees to provide you a full refund for any cancellation of the order by us where such cancellation is due to our supplier being unable to supply the materials required for the purposes of making and designing the Products or if SGMURPHYBED’s supplier cancels the order for any other reason. You agree that no other damages or compensation shall be payable by us to you in this event.

5.12 You accept that there shall be no refund or exchange for Products after purchase and delivery for the reasons that the Products are deemed to be unsuitable based on your personal preferences.

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Variation of the Order

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5.13 We may also vary any order placed where there is an error in the pricing and/or other relevant aspects of the order. Such variation shall be notified in writing to you, and we shall issue a fresh invoice, where required.

Design Consultation:

5.14 Custom-made orders will include 2D drawings for reference. Customers are encouraged to seek professional advice if they have uncertainties or questions regarding the details provided in the drawings.

Delays:

5.15 Customers shall not hold us liable for compensation in the event of any delays in their schedule unless explicitly specified in the invoice with a compensation clause.

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6. INSTALLATION:

6.1 For the installation of our Murphy bed, you are to provide the specified mattress. If
the client's provided mattress is deemed unsuitable or unavailable, an additional charge will
be levied for a return visit to make adjustments.

Site Visit:

6.2 Site visits are conducted solely for the purpose of measuring the designated area
and discussing design specifications. Customers must promptly inform us of any alterations
or updates to the site, particularly during ongoing renovations, to avoid installation
complications. We cannot be held responsible if changes made post-site visit prevent
successful product installation, and any associated costs will be the client's responsibility.

Installation Rescheduling:

6.3 In the event that a prior confirmed appointment for installation is rescheduled due to
client/client’s representative not being present or where access is denied by estate
management (MCST), a $150 fee for late rescheduling will be levied for each single
instance. Subsequent rescheduling within the specified timeframe will incur additional
charges.

Portfolio:

6.4 We reserve the right to utilize photos and videos taken post-installation for
advertising purposes, unless they contain sensitive personal items. Clients may opt out of
this provision by notifying us in writing in advance.

Relocation of Used/Old Murphy Beds:

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6.5 We do not provide any warranty coverage for the relocation of Murphy beds,
including any defects discovered during the dismantling and reinstallation process.

Recording:

6.6 Recording videos or taking photos of our installations is prohibited unless explicit
permission is granted.

Safety:

6.7 Customers purchasing our Murphy bed acknowledge and understand that improper
use may result in injury. The bed should only be operated by a physically capable individual
who can safely support and lower the bed in case of mechanical failure. The operator must
stand clear of the front "landing area" to prevent injury in the event of a collapse. Customers
cannot hold us responsible for injuries sustained or demand compensation.

Mattress Compatibility:

6.8 Customers using their own mattress on our Murphy bed must acknowledge that we
are not liable if their mattress is incompatible with our bed due to reasons such as excessive
weight, incorrect specifications, incorrect size, or sagging. We recommend customers to
purchase mattresses either sold by us or approved by us for optimal compatibility.

7. DELIVERY / INSTALLATION

7.1 Delivery shall be made to the address stated under your Delivery Details, unless
otherwise agreed by you and us in writing.

7.2 Where you wish to change the delivery / installation date, you shall inform us no later than three
(5) working days (being all days of the week excluding Sundays) prior to the agreed delivery
date, failing which we shall have the right to charge an additional SGD 150 for the labour
and transport fees incurred in connection with such change.

7.3 The risk of damage to the Products passes to you on delivery of the Products, and
the following are standard terms and conditions which shall apply to all sales contracts
between SGMURPHYBED as seller and YOU as buyer. We may from time to time, amend
these Terms and Conditions without further notice to you. Title to the Products shall not pass
to you until we have received the payment in full for all sums due to us in respect of the
Products.

7.4 At the time of delivery and installation, where you require additional services such as
dismantling existing furniture, moving or removing any obstructing furniture for the purposes
of installing the new Products purchased from us, we shall have the right to charge service
fees incurred in connection with the provision of these additional services.

7.5 After delivery and installation, where you require additional services arising from the
use of the Products, we reserve the right to charge a base service fee starting at SGD 150
per trip and/or repair fees incurred in connection with these additional services and/or
repairs.

Order Cancellation:

7.6 Deposits are non-refundable unless otherwise specified in the invoice. We retain the
right to determine whether a partial or full refund may be granted at our discretion.

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After-Sales Service:

7.7 Regardless of warranty coverage, all issues with our products must undergo further
assessment and consultation before scheduling a site visit or repair, which may incur a fee.
Customers are advised that immediate service availability cannot be guaranteed, and
appointments must be scheduled based on our availability, with a waiting period of 1 to 3
weeks. Customers are prohibited from using delays in service as grounds for defamation or
liability claims against us for not providing immediate resolution.

8. ASSIGNMENT

We may assign its rights under these Terms and Conditions at any time. You shall not
assign and/or transfer your rights under these Terms and Conditions without our prior written
consent, which such consent shall not be unreasonably withheld.

9. LIMITATION OF LIABILITY

9.1 The Website, Products and Services are for your personal use only. The Website, its
services and all information provided herein are provided on an “as is” and “as available”
basis without warranties of any kind, either expressed or implied, other than those imposed
by law, including but not limited to warranties of title or implied warranties of merchantability,
satisfactory quality, fitness for a particular purpose or non-infringement.

9.2 We expressly disclaims any warranty, condition, guarantee, term or representation (i)
as to the reliability, accuracy, completeness, and validity of any content or material on the
Website; (ii) that the functions contained on the Website will be secure, uninterrupted or
error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions,
terms and representations are specifically excluded. SGMURPHYBED assumes no
responsibility for errors or omissions in the materials on the Website, including factual or
other inaccuracies or typographical errors.

9.3 You expressly agree that your use and/or access of the Website is at your sole risk.

9.4 Without prejudice to the generality of the foregoing whilst we have taken all due care
in providing the information on the Website, we expressly disclaim any and all liability arising
from:
(a) life or wear of any Product or that it will be suitable for any particular purpose
or use under any specific conditions, notwithstanding that such purpose or conditions
may be known or made known to SGMURPHYBED;
(b) improper remedy of defective Products, alteration of the Products, unsuitable
or improper use, wilful damage, negligence, or other misuse of the Products, as well
as fair wear and tear, by you or any third party; and
(c) third party claims, whether directly or indirectly caused by, or relating to, the
content of the Website and the Products purchased.

9.5 IN NO EVENT SHALL SGMURPHYBED OR ITS AFFILIATES, PARTNERS,
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE
THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT
OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER
USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT

LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER
DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER
USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE
DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SGMURPHYBED WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, SGMURPHYBED’S AGGREGATE LIABILITY TO
YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT
EXCEED THE AMOUNT OF FEES RECEIVED BY SGMURPHYBED IN RESPECT OF THE
SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL
APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9.6 Total liability to Customer and all liabilities arising out of or related to the Contract,
from any cause or causes, and regardless of existing legal rights, including breach of
contract, warranty, negligence, strict liability, or statutory liability, shall not, in the aggregate,
exceed the amounts paid to us under the Contract, or under the specific delivery order at
issue, whichever is less.

10. FORCE MAJEURE

10.1 SGMURPHYBED shall not be liable for any failure of or delay in performance of its
obligations (except for payment obligations) under any Contract hereunder to the extent
such failure or delay is due to circumstances beyond its reasonable control, including,
without limitation, acts of God, acts of a public enemy, fires, floods, power outages, wars,
contagious illness or disease provoking government-imposed quarantines, prohibitions on
travel or restrictions on commerce, civil disturbances, sabotage, terrorism, accidents,
insurrections, blockades, embargoes, serve storms, explosions, labour disputes, failures of
electronic systems or networks, acts of cyber criminals, acts of any governmental body
(whether civil or military, foreign or domestic), failure or delay of third parties or
governmental bodies from whom a party is obtaining or must obtain approvals, franchises or
permits, or inability to obtain labour, materials, equipment, or transportation. Any such delays
shall not be a breach of or failure to perform the Contract or any part thereof and the date on
which the obligations hereunder are due to be fulfilled shall be extended for a period equal to
the time lost as a result of such delays.

11. INDEMNIFICATION

To the fullest extent permitted by law, you hereby undertake to indemnify and keep
indemnified, and agree to defend and hold us harmless from any and all losses, liabilities,
claims, causes of action and costs (including without limitation damages, legal and other
professional fees and costs, expenses and penalties) arising directly or indirectly from, as a
result of, or in connection with (a) your breach of these Terms and Conditions; or (b) your
violation of any applicable law or regulation, which either arise from or in any manner,
directly or indirectly, grow out of any statutory basis of liability or from an act, error, omission
or neglect by you, agents, contractors and subcontractors (where applicable), and we shall
have no obligation or liability in connection therewith or arising therefrom and without any
substantial contributing action or inaction on the part of SGMURPHYBED. We shall have the
right to approve the attorney to defend any such claim or cause of action against which
SGMURPHYBED is indemnified hereby at your expense if such action is brought against us.
This indemnification is intended to cover SGMURPHYBED, its officers, agents, employees,
representatives, successors and assigns.

12. WAIVER

No failure to exercise, or delay in exercising, any right pursuant to these Terms and
Conditions or provided by law shall affect that right or operate as a waiver of the right. The

single or partial exercise of any right under these Terms and Conditions or provided by law
shall not preclude any further exercise of it.

13. SEVERABILITY

If any of the provisions of these Terms and Conditions becomes invalid, illegal or
unenforceable, in whole or in part, such provision or part of it shall, to the extent that it is
illegal, invalid or unenforceable, be deemed not to form part of these Terms and Conditions
and the legality, validity and enforceability of the remainder of these Terms and Conditions
shall not be affected.

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14. CUMULATIVE REMEDIES

The provisions of these Terms and Conditions, and the rights and remedies of the parties
under these Terms and Conditions are cumulative and are without prejudice and in addition
to any rights or remedies a party may have at law or in equity; no exercise by a party of any
one right or remedy under these Terms and Conditions, or at law or in equity, shall operate
so as to hinder or prevent the exercise by it of any other such right or remedy.

15. SURVIVING PROVISIONS

Any provision of these Terms and Conditions that expressly or by implication is intended to
come into or continue in force on or after termination pursuant to these Terms and
Conditions, including Waiver, Limitation of Liability, Force Majeure, Indemnification,
Severability, Cumulative Remedies, Surviving Provisions, Dispute Resolution, Governing
Law, and Rights of Third Parties, shall survive termination of these Terms and Conditions.

16. DISPUTE RESOLUTION

You hereby irrevocably submit to the jurisdiction of the Singapore courts and both parties
waive any objection to the exercise of that jurisdiction.

17. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the
laws of Singapore.

18. RIGHTS OF THIRD PARTIES

A person who is not a party to these Terms and Conditions shall have no right under the
Contracts (Rights of Third Parties) Act to enforce any of the terms contained within these
Terms and Conditions.