CCS Extended Warranty T&C

CENTRALISED COOLING SERVICES FCU SERVICING AND WARRANTY AGREEMENT

TERMS & CONDITIONS

It is hereby agreed as follows:

Section 1. Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires, the following words and expressions have the following meanings:
“Business Day” means a day (other than a Saturday, Sunday or public holiday in Singapore) on which banks are open for general business in Singapore;
“Centralised Cooling System” or “CCS” means all plant, apparatus, equipment and facilities designed, engineered, constructed, installed, tested, commissioned, operated, maintained and/or used by Keppel for or in connection with the supply of chilled water by Keppel;
“Complimentary Entitlement” or “Complimentary Servicing” means the complimentary Servicing Sessions provided by Midea to eligible Customers, comprising two (2) Servicing Sessions per twelve (12)-month period for a Servicing Term of three (3) years (i.e. a total of six (6) Servicing Sessions), which is offered only during, and is available only to Customers who sign up during, the Early Bird Promotional Period;
“Customer” means the person named as the customer on the digital sign-up form for the Programme;
“Early Bird Promotional Period” means the promotional period commencing on [•] and ending on [30/9/2026] 2026 (both dates inclusive), being the only period during which the Promotional Benefits are offered by Midea;
“Extended Warranty Package” means the Plus Care package or the Prime Care package;
“FCU” or “Fan Coil Unit” means the fan coil unit(s) supplied by Midea and installed at the Premises in connection with the Keppel CCS;
“FCU Warranty” means Midea’s warranty in respect of the FCU equipment as described in the Clause headed ‘FCU Warranty: Scope, Exclusion of Workmanship and Voiding Conditions’, being (unless a longer Extended Warranty Package has been validly purchased during the Early Bird Promotional Period) the Standard Warranty of twelve (12) months from the First Supply Date, and subject in all cases to the exclusions and voiding conditions set out in that Clause;
“First Supply Date” or “Supply Date” means the date on which chilled water is first supplied by Keppel to the Premises under the Keppel CCS Agreement;
“Installation Agreement” means the agreement between the Customer and Keppel (or its appointed installer) for the installation, testing and commissioning of the FCUs and the Residential Piping and Cabling;
“Keppel” means Keppel DHCS Pte. Ltd.;
“Keppel CCS Agreement” has the meaning given to it in the Clause headed ‘General’;
“Midea” means Midea(Singapore) Product Pte.Ltd.(UEN: [202512362Z]);
“Operation Hours” has the meaning given to it in the Clause headed ‘Operation Hours for Servicing Sessions and Repair and Replacement works’;
“Package Fees” or “Fees” means the fees payable for the Programme and the Extended Warranty Packages, which are fixed only for, and available only during, the Early Bird Promotional Period;
“Plus Care” means the Extended Warranty Package comprising a total of six (6) Servicing Sessions over a Servicing Term of three (3) years, which is offered only during, and is available only to Customers who sign up during, the Early Bird Promotional Period;
“Premises” means the residential premises of the Customer at which the FCU is installed;
“Prime Care” means the Extended Warranty Package comprising a total of twelve (12) Servicing Sessions over a Servicing Term of six (6) years, which is offered only during, and is available only to Customers who sign up during, the Early Bird Promotional Period;
“Programme” or “Star Care Programme” means the FCU warranty and servicing package programme offered by Midea under this Agreement;
“Promotional Benefits” means, collectively, (a) the Package Fees (pricing); (b) the Plus Care and Prime Care Extended Warranty Packages; and (c) the Complimentary Entitlement (the three (3) years of two (2) complimentary Servicing Sessions per year), each of which is offered only during, and is available only to Customers who sign up during, the Early Bird Promotional Period;
“Residential Piping and Cabling” means the piping and cabling installed at the Premises for the conveyance of chilled water to and from the FCU, which does not form part of the FCU and is not supplied, installed or warranted by Midea;
“Servicing Session” means a scheduled servicing visit in respect of the FCU as described in this Agreement;
“Servicing Term” has the meaning given to it in the Clause headed ‘Scope of FCU Warranty and Servicing Packages’;
“Standard Warranty” means the default twelve (12)-month FCU equipment warranty described in the Clause headed ‘FCU Warranty: Scope, Exclusion of Workmanship and Voiding Conditions’, being the warranty applicable where no Extended Warranty Package has been validly purchased during the Early Bird Promotional Period; and
“Warranty Period” means the period during which the FCU Warranty subsists, being twelve (12) months from the First Supply Date under the Standard Warranty, or the longer period applicable under a validly purchased Extended Warranty Package.

1.2 Promotional nature of the Benefits (IMPORTANT). The Customer acknowledges and agrees that the Promotional Benefits – namely (a) the Package Fees and pricing; (b) the Plus Care and Prime Care Extended Warranty Packages; and (c) the Complimentary Entitlement (the three (3) years of two (2) complimentary Servicing Sessions per year) – are offered strictly as part of a time-limited early-bird promotion, are available only to Customers who sign up during the Early Bird Promotional Period (ending [30/9/2026] 2026), and are not available to any Customer who signs up after the Early Bird Promotional Period. Midea reserves the right to vary, withdraw or discontinue the Promotional Benefits, and to set different fees, packages and entitlements, in respect of any sign-up after the Early Bird Promotional Period.

1.3 Standard entitlement after the promotion. Unless the Customer has signed up during the Early Bird Promotional Period and validly purchased an Extended Warranty Package, the FCU is covered only by the Standard Warranty – being a warranty against defects in the materials and manufacturing of the FCU equipment for a period of twelve (12) months from the First Supply Date – with no complimentary Servicing Sessions and no extended warranty. For the avoidance of doubt, a Customer who signs up after the Early Bird Promotional Period is entitled only to the Standard Warranty and to such fees and terms as Midea may then apply.

1.4 Interpretation. In this Agreement: (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural and vice versa; (c) a reference to a Clause is to a clause of this Agreement; (d) “including” and “in particular” mean without limitation; (e) a reference to a person includes its successors and permitted assigns; and (f) a reference to a statute or regulation includes any amendment or re-enactment of it.

Section 2. General

2.1 Unless otherwise defined, capitalised terms used in this Agreement have the meanings given to them in the Agreement for Installation of Equipment for Centralised Cooling Services made or to be made between the Customer and Keppel (for the installation, testing and commissioning of the Fan Coil Units and Residential Piping and Cabling) (“Keppel CCS Agreement”).

2.2 The rights and obligations of Midea and the Customer under this Agreement shall be conditional on the Customer having entered into an Installation Agreement. In the event of any conflict or inconsistency between the terms of the Installation Agreement and this Agreement, the terms of this Agreement shall prevail to the extent of such conflict or inconsistency.

2.3 The Customer acknowledges and agrees that, upon entering into this Agreement, all previously executed agreements (or relevant portion(s) thereof) between the Customer and Midea relating to the warranty and servicing of FCUs at the Premises shall be terminated with immediate effect, including where:

(a) The Customer has previously entered into an End User Servicing Agreement with Midea, such agreement (including the remaining “Servicing Term” as defined therein) shall be terminated with immediate effect; or

(b) The Customer has previously entered into an agreement for a Bundled Servicing and Extended Warranty Package, Midea’s obligations to carry out any further servicing of FCUs (including the remaining “Servicing Term” and “Servicing Sessions” as defined therein) shall be terminated with immediate effect. For the avoidance of doubt, the relevant portion(s) relating to the Extended Warranty shall continue in full force and effect in accordance with the terms of such agreement for a Bundled Servicing and Extended Warranty Package.

2.4 Any reference to appointed agent(s) or appointed contractor(s) in this Agreement shall refer to the appointed agent(s) and/or contractor(s) engaged by Midea from time to time.

Section 3. FCU Warranty and Servicing Package

3.1 The Customer agrees to enter into this Agreement (as acknowledged and accepted by the Customer on the digital sign-up form for this Star Care Programme as issued by Midea) for the Star Care Programme comprising:

(a) Two (2) Servicing Sessions per 12-month period during the Servicing Term, provided that the commencement of sessions in the first year (Year 1) is subject to the Customer’s eligibility under the Early Bird Promotional Period as set out in Clause 3.2.

3.2 Subject to the terms of this Agreement, the Customer may elect to participate in one of the following tiers under the Star Care Programme, within the Early Bird Promotional period:

(a) Standard Care: Comprises the Complimentary Entitlement of six (6) Servicing Sessions over a Servicing Term of three (3) years, applicable to eligible Early Bird sign-ups.

(b) Plus Care: Comprises the Complimentary Entitlement as defined in Clause 2.1.1, supplemented by two (2) years of extended labour and spare parts warranty for a total duration of three (3) years from the First Supply Date under the Keppel CCS Agreement.

(c) Prime Care: Comprises a total of twelve (12) Servicing Sessions over a Servicing Term of six (6) years. This includes the Complimentary Entitlement (6 sessions) and an additional six (6) sessions included within the purchased package, alongside five (5) years of extended labour and spare parts warranty for the full six (6) year duration.

3.3 Package Fees: The fees for the packages are fixed for the duration of the Launch Promotional Period.

(a) Standard Care: Complimentary for sign-ups within the Early-Bird Launch Promotional Period

(b) Plus Care: A one-time fee of S$100.00 (exclusive of GST) per FCU.

Section 4. Scope of FCU Warranty and Servicing Packages

4.1 Midea will provide two (2) Servicing Sessions of the FCUs per 12-month period, over the Servicing Term. The “Servicing Term” refers to the period commencing on the First Supply Date under the Keppel CCS Agreement , and continuing for a period of three (3) years for the Complimentary Entitlement; or a maximum period of six (6) years for Customers who have purchased the ‘Prime Care’ Extended Warranty Package. Any unutilised Servicing Session(s) in a 12-month period shall not be carried forward to the following year (or to any other year during the Servicing Term) and shall lapse without any liability to Midea.

4.2 The Complimentary Entitlement sessions shall be utilised during the first three (3) years of the Servicing Term.

4.3 Any sessions included within a purchased Warranty Package shall commence upon the conclusion of the Complimentary Entitlement, effectively extending the total number of sessions to a maximum of twelve (12) over a six (6) year period.

4.4 Schedule of Servicing Sessions under Early Bird Promotion:

Year	1	2	3	4	5	6
FCU Warranty	Keppel’s Warranty	Midea’s Plus Care	Midea’s Plus Care	Midea’s Prime Care	Midea’s Prime Care	Midea’s Prime Care
FCU Servicing (2 Sessions / Year)	Midea’s Standard Care	Midea’s Standard Care	Midea’s Standard Care	Midea’s Prime Care	Midea’s Prime Care	Midea’s Prime Care

4.5 During each Servicing Session, Midea will carry out the following:

(a) cleaning the panel of each FCU;

(b) cleaning and inspecting the air ﬁlters of each FCU;

(d) checking for water spotted marks on each FCU;

(e) vacuuming the drain-pipe and drainage outlet of each FCU;

(f) cleaning the fan blower of each FCU;

(g) at the Customer’s request only, checking Wi-Fi connectivity readiness (if any), for FCU smart pairing.

4.6 For the avoidance of doubt, each Servicing Session does not extend to or cover:

(a) any work on or relating to the rectification of any defects;

(b) supply and replacement of consumable parts, filters and accessories of the FCUs;

(d) chemical flushing or steam cleaning services;

(e) pressure testing, mending of any chilled water leakage, piping and insulation works for the FCUs;

(f) opening access holes for servicing or repairing for the FCUs;

(g) all cosmetic and building works (including but not limited to the false ceilings, beams, finishing of the walls and flooring at the Premises);

(h) works relating to the equipment or structure mounting and/or affixing the FCUs;

(i) any work on or relating to the incoming main breaker, any electrical cable and/or external electrical panel;

(j) any work on or relating to other auxiliary equipment not mentioned above, such as any installation related materials including fittings, trunking and insulation;

(k) any repair of any damage to the FCUs caused by any tampering, alteration, modification, accident, abuse or misuse of the FCUs, or arising from acts of third persons or any event or circumstance, the occurrence and the effect of which Midea is unable to prevent or avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of Midea, including acts of God such as fire, lightning or flood;

(l) any work on or relating to FCUs connected to other brands or models (other than those installed by Midea under the Installation Agreement);

(m) any work on or relating to any FCUs installed, altered, and/or relocated by any third party;

(n) any work on or relating to any FCUs which use any parts other than genuine parts from the original equipment manufacturer;

(o) any work (other than as set out in Clause 3.2) required in reconditioning or restoring the FCUs; and

(p) furnishing of spare parts, motor rewinds or other supplies and accessories.

4.7 The Customer shall be responsible for carrying out (at the Customer’s own cost) any and all other work which is not expressly listed in Clause 3.2. The Customer must ensure that all such servicing and maintenance work shall be in accordance with the specifications prescribed by the relevant manufacturer or supplier of the FCUs and/or Midea.

4.8 Midea shall retain sole and absolute discretion over the manner in which the Servicing Sessions shall be carried out, notwithstanding any instructions or directions from the Customer.

Section 5. Terms applicable to FCU Warranty and Servicing

5.1 Midea shall have no obligation to conduct any Servicing Session or any repair or replacement works under the Warranty in any of the following circumstances:

(a) for any period that any FCU is rendered inaccessible due to any additional fixtures installed by the Customer;

(b) for any period that any FCU is installed in a place where air is exposed to hazardous and corrosive environment; and/or

(c) for any period that the Customer has not made payment of any amount due and payable to Midea (including the fees referred to in Clause 9.1) (if any).

5.2 The Customer shall inform Midea immediately of any breakdown or apparent failure in the FCUs, the Residential Piping and Cabling or the Centralised Cooling System. The “Centralised Cooling System” refers to all plant, apparatus, equipment and facilities designed, engineered, constructed, installed, tested, commissioned, operated, maintained and/or used by Keppel for or in connection with the provision of the supply of chilled water by Keppel.

5.3 The Customer shall ensure that Midea and its appointed agents and contractors be given access to the Premises at all reasonable times to install, inspect and carry out any such work as Midea considers appropriate in connection with each Servicing Session (including any repair, replacement or other works).

5.4 The Customer shall ensure that the Centralised Cooling System is not modified, tampered or otherwise interfered with, and the Residential Piping and Cabling and FCUs installed at the Premises is not encased in any other equipment, cabling or boxing, and is not closed-off, removed, modified, covered up, tampered or otherwise interfered with except by Midea or Midea’s appointed contractors. Failing which, Midea may, at the Customer’s cost and expense (and without any liability to the Customer for any loss, damage and/or cost of reinstatement), remove and/or modify such arrangements and/or encasements, and/or repair or replace any component of the Centralised Cooling System, the Residential Piping and Cabling or the FCUs. This Clause 5.4 shall remain in force even if the Extended Warranty becomes void or the Servicing Term and/or Extended Warranty Period is terminated.

Section 6. FCU Warranty: Scope, Exclusion of Workmanship and Voiding Conditions

6.1 Equipment warranty and servicing only. Midea’s sole responsibility under this Agreement is (a) to warrant the FCU equipment against defects in the materials and manufacturing of the FCU for the applicable Warranty Period; and (b) to provide the Servicing Sessions to which the Customer is entitled under this Agreement. The FCU Warranty is a warranty in respect of the FCU equipment only.

6.2 Standard Warranty (default twelve (12) months). Unless an Extended Warranty Package has been validly purchased by the Customer during the Early Bird Promotional Period, the FCU Warranty is limited to a period of twelve (12) months commencing on the First Supply Date. Upon expiry of the applicable Warranty Period, Midea shall have no further warranty obligation in respect of the FCU.

6.3 Exclusion of workmanship and installation. For the avoidance of doubt, the FCU Warranty and this Agreement do not extend to, and Midea shall not be responsible or liable for, any of the following (each being outside the scope of Midea’s supply):
(a) the installation, testing, commissioning, positioning, alignment or workmanship of the FCU, the Residential Piping and Cabling or any related works, whether carried out by Keppel, its appointed installer, or any other contractor;
(b) any defect, fault, leak, malfunction, noise or damage caused by or arising from installation or workmanship, or from the Residential Piping and Cabling, the Centralised Cooling System, or any building, structural, electrical, drainage or plumbing works at or serving the Premises;
(c) the design, performance, operation, maintenance or supply of chilled water by the Centralised Cooling System, which is Keppel’s responsibility under the Keppel CCS Agreement;
(d) any works, parts, materials or equipment not supplied by Midea; and
(e) the acts or omissions of any installer, contractor or third party (including Keppel and its contractors, and any appointed contractor engaged by the Customer directly for work outside the scope of the Servicing Sessions and the FCU Warranty).
Midea does not provide, and shall not be deemed to provide, any workmanship warranty. Any workmanship warranty or installation-related obligation is a matter solely between the Customer and the relevant installer or contractor under the Installation Agreement or the Keppel CCS Agreement, and not a responsibility of Midea.

6.4 Conditions voiding the FCU Warranty. Without prejudice to the Clause headed ‘Terms applicable to FCU Warranty and Servicing’, the FCU Warranty shall not apply and shall be void, and Midea shall have no liability or obligation, in respect of any FCU where the defect, fault, damage or failure is caused by or arises from any of the following:
(a) misuse, abuse or neglect of the FCU, or use of the FCU otherwise than in accordance with the manufacturer’s or Midea’s instructions or specifications;
(b) any installation, relocation, modification, alteration, addition, repair, servicing, dismantling or tampering of or with the FCU, the Residential Piping and Cabling or the Centralised Cooling System by any person other than Midea or Midea’s appointed contractors;
(c) encasing, covering, boxing-up, closing-off or obstructing the FCU or the Residential Piping and Cabling contrary to this Agreement;
(d) accident, negligence or wilful act of the Customer or any third party; ingress of water, dust, foreign objects, pests or vermin; spillage; or contamination;
(e) power surge, voltage fluctuation, incorrect or inadequate electrical supply, or lightning;
(f) any Force Majeure Event or any other cause beyond Midea’s reasonable control;
(g) normal wear and tear, corrosion, rusting or discolouration, or any consumable or wearing part (including filters);
(h) the Customer’s failure to carry out any required maintenance, or failure to report a defect promptly in accordance with this Agreement; or
(i) removal, alteration or defacement of any serial number or identification label on the FCU.

6.5 Sole remedy; mandatory rights preserved. The remedies expressly provided under the FCU Warranty are the Customer’s sole and exclusive remedies in respect of the FCU equipment. Nothing in this Clause excludes or limits any liability or right that cannot lawfully be excluded or limited, including liability for death or personal injury caused by Midea’s negligence and any non-excludable right of a consumer under the Consumer Protection (Fair Trading) Act 2003 or the Unfair Contract Terms Act 1977.

Section 7. Scheduling Servicing Sessions and Repair or Replacement works

7.1 The Customer shall be responsible for making an appointment with Midea to schedule each Servicing Session or any repair or replacement works under the FCU Warranty. The appointment is to be made via [Midea’s direct channel], or by such other means and manner as Midea may permit.

7.2 In the case of repair or replacement works under the FCU Warranty, the Customer must first activate a request through the [Midea’s direct channel], following which a diagnosis (by telephone or any other means elected by Midea) would be carried out with the Customer to determine the issue. Thereafter, an appointment will be scheduled at the Customer’s Premises to carry out such works (if applicable).

7.3 For any rescheduling or cancellation of appointments (whether for any Servicing Session or any repair or replacement works under the FCU Warranty), the Customer shall notify Midea and/or its appointed agents and contractors at least seven (7) working days prior to the appointment. In the event that the Customer fails to notify Midea and/or its appointed agents and contractors within such time, Midea may at its sole discretion elect to accept the late notification (and cancel or reschedule such appointment to another available date and time), or regard such appointment as a “no-show”, in which case:

(a) if the appointment was for any Servicing Session, the Servicing Session shall be deemed to have been conducted and utilised (and Midea shall have no further liability relating to such Servicing Session); and/or

(b) if the appointment was for any repair or replacement works under the FCU Warranty, the Customer shall pay a fee of S$100 which is due within thirty (30) days from the issuance of an invoice from Midea.

7.4 The Customer must be present at the Premises at the scheduled date and time to provide such assistance as Midea and/or its appointed agents and contractors may require for the conduct of the Servicing Session or performance of any repair and/or replacement works under the FCU Warranty (as the case may be). In the event the Customer fails to be present at the Premises at the scheduled date and time for any reason whatsoever, Midea shall be entitled to conduct the Servicing Session or perform such works in the presence of any other person present at the premises, or if there is no such person, then the Servicing Session shall be deemed to have been conducted and utilised or all such repair and/or replacement works under the FCU Warranty shall be deemed to have been performed (and Midea shall have no further liability relating to such Servicing Session or the performance of such works under the FCU Warranty, as the case may be.

7.5 Midea reserves the right to cancel and/or postpone any scheduled attendance with reasonable prior notice to the Customer.

Section 8. Operation Hours for Servicing Sessions and Repair and Replacement works

8.1 “Operation Hours” means:

(a) for the handling of and response of Customer Enquiries, between 0900 to 1730hrs on each day from Monday to Friday;

(b) for the conduct of Servicing Sessions, between 0900 to 1730hrs on each day from Monday to Saturday; and

(c) for repair and replacement works under the FCU Warranty, between 0900 to 1730hrs on each day from Monday to Saturday.

8.2 Every Servicing Session and all repair or replacement works under the FCU Warranty shall take place during Operation Hours. The conduct of any Servicing Session, or any repair or replacement works under the FCU Warranty, outside of Operation Hours shall be at Midea’s sole and absolute discretion.

Section 9. Work outside the scope of the Servicing Sessions and FCU Warranty

9.1 Any service or work that falls outside of the scope of the Servicing Sessions and the FCU Warranty (including the replacement of spare parts referred to in Clause 8.3, and the conduct of any Servicing Session or performance of any repair or replacement works under the Workmanship Warranty outside of Operation Hours) shall be agreed between the Customer and Midea’s appointed contractor directly, and subject to such terms and conditions as may be imposed by Midea’s appointed contractor.

9.2 Midea shall have no responsibility or liability for any act or omission of Midea’s appointed contractor in connection with any such service or work. The Customer must address and resolve any complaints directly with Midea’s appointed contractor. Any and all sums payable for such service or work must be settled between the Customer and Midea’s appointed contractor directly.

9.3 Subject to Clauses 9.1 and 9.2

(a) In the event that the replacement of spare parts is determined as being required in the course of any Servicing Session, the Customer shall pay for such spare parts at the prevailing rates, and by such date and through such means as Midea’s appointed contractor may notify the Customer, unless such spare parts are included in the scope of the FCU Warranty.

(b) Work relating to such replacement of spare parts shall be carried out between 0900 to 1730hrs on each day from Monday to Friday (“Spare Part Replacement Work Hours”). The conduct of any such works outside of Spare Part Replacement Work Hours shall be arranged with Midea’s appointed contractor at the rates notified to the Customer in advance, and Midea shall procure that its appointed contractor performs such works to the standards required under this Agreement and the KDHCS House Rules.

(c) Where such replacement works are for any reason carried out outside of Spare Part Replacement Work Hours, or any repair or replacement works under the FCU Warranty is attended to or performed outside of Operation Hours, an additional amount is chargeable at the following prevailing rates:

Item	Day	Time	Per Attendance
1	Monday to Friday	From 5:30 pm to 10:30 pm	S$400.00
2	Saturday, Sunday and Public Holidays	From 09:00 am to 10:30 pm	S$550.00
3	Monday to Sunday and Public Holiday	From 10:30 pm to 09:00 am	S$700.00

Section 10. Payment Terms

10.1 The fees payable by the Customer (if any) for the Servicing Term and the FCU Warranty Period are as indicated on the Midea’s invoice at the time of contracting. The Customer is required to make payment of such fees concurrently with the entry into this Agreement. For the avoidance of doubt, where the Midea’s invoice indicates that there is no fee payable under this Agreement, or the amount of the fees as indicated are marked as “nil”, “0” or of similar effect, there shall be no fees payable by the Customer.

10.2 Any payment made by the Customer to Midea shall be non-refundable, and there shall be no refund and/or adjustment of the fees (referred to in Clause 9.1) in any event, including in cases where:

(a) there is any disposal, transfer and/or relocation of the FCUs or any part thereof by the Customer;

(b) the Servicing Sessions may not be utilised due to any breakdown or repairs of the FCUs, or which remain unutilised as at the expiry of the Servicing Term; and/or

10.3 All amounts specified in this Agreement shall be exclusive of goods and services tax. The Customer shall be solely liable to pay all goods and services tax imposed or levied under applicable law on any and all amounts payable by the Customer under this Agreement

Section 11. Termination

11.1 Midea shall be entitled to terminate the Servicing Term at any time with immediate effect by written notice to the Customer, if the Customer commits any breach of the Customer’s obligations under the Installation Agreement or this Agreement.

11.2 Midea shall be entitled to terminate the Servicing Term and/or the FCU Warranty Period at any time by giving the Customer thirty (30) days’ prior written notice.

11.3 The termination of the Servicing Term and/or the FCU Warranty Period shall not affect the Customer’s liability to Midea or Midea’s rights and remedies.

11.4 All unutilised Servicing Sessions shall lapse without any liability to Midea upon the expiry or termination of the Servicing Term. The Workmanship Warranty shall cease to apply upon the expiry or termination of the FCU Warranty Period or if the FCU Warranty becomes void pursuant to Clause 4.5.

Section 12. Assignment and Subcontracting

12.1 The Customer shall not assign, transfer or otherwise deal with any of the Customer’s rights, interests or obligations under this Agreement except with Midea’s prior written consent, which consent may be given subject to such conditions as Midea considers fit. Midea may assign, transfer or otherwise deal with any or all of its rights, interest and or obligations under this Agreement by written notice to the Customer.

12.2 Midea may appoint such agents or contractors as it considers fit to perform any of its obligations under this Agreement.

Section 13. Limitation of Liability and Indemnity

13.1 Except in the cases of death or personal injury caused by Midea’s negligence or in any other circumstances where liability may not be so limited under applicable law, Midea shall not be liable for any losses, damages, claims, actions, judgements, suits, costs, expenses, disbursements, injuries or other liabilities whatsoever suffered by or caused to the Customer, the Premises or any other property of the Customer arising from or in connection with the conduct of any Servicing Session, the performance of any repair, replacement or other works under the FCU Warranty, and/or any service or work that falls outside the scope of the Servicing Sessions and/or the FCU Warranty. Midea shall not in any circumstances whatsoever be liable to the Customer for any loss of profit, loss of revenue, loss of use, loss of contract or loss of goodwill, or any indirect or consequential loss howsoever arising (including due to any default, negligence or breach by Midea and/or any of Midea’s appointed agents or contractors). Any statutory or implied conditions and warranties are expressly excluded.

13.2 The Customer shall indemnify and hold harmless Midea against any losses, damages, claims, actions, judgements, suits, costs, expenses, disbursements, injuries or other liabilities (including legal costs on a full indemnity basis) whatsoever incurred or suffered by, or brought against, Midea arising out of or in connection with any act, omission, default or negligence of the Customer, or any breach or default whatsoever of the Customer’s obligations under this Agreement.

Section 14. Representations and Warranties

14.1 The Customer hereby represents and warrants that:

(a) The Customer has the legal capacity to enter into this Agreement;

(b) The Customer is the legal owner of the Premises; and

Section 15. Contracts (Rights of Third Parties) Act

15.1 A person who or which is not a party to this Agreement shall not have any right under the Contracts (Rights of Third Parties) Act 2001 to enforce any provision of this Agreement.

Section 16. Governing Law and Dispute Resolution

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

16.2 Any dispute arising out of or in connection with this Agreement shall be submitted for mediation at the Singapore Mediation Centre in accordance with the Singapore Mediation Centre’s Mediation Procedure in force for the time being. Either party may submit a request to mediate to the Singapore Mediation Centre upon which the other party will be bound to participate in the mediation within 30 days thereof. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by the Singapore Mediation Centre. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. Each party shall bear its own costs for any mediation commenced in the Singapore Mediation Centre. If, notwithstanding any mediation commenced pursuant to this Clause 15.2, the parties are unable to reach a mutually satisfactory resolution of any dispute arising out of or in connection with this Agreement within 30 days after the date the dispute is referred for mediation, then either party may refer such dispute for resolution exclusively to the Courts of Singapore.

Section 17. Force Majeure

17.1 Definition. “Force Majeure Event” means any event or circumstance, or combination of events or circumstances, beyond the reasonable control of Midea (or its appointed agents or contractors) which prevents, hinders or delays Midea in performing any of its obligations under this Agreement, including (without limitation):
(a) acts of God, natural disasters, earthquake, flood, storm, typhoon, lightning, fire, explosion, drought or adverse or extreme weather conditions;
(b) epidemic, pandemic, outbreak of infectious disease, public-health emergency, or any quarantine, lockdown, movement-control, safe-distancing or similar measure or restriction imposed by any government or authority (including any recurrence or continuation of, or measure relating to, COVID-19);
(c) war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, terrorism, sabotage, riot, civil commotion or disorder;
(d) any act, restriction, regulation, by-law, prohibition, sanction, embargo, order, direction, requirement or measure of any government, HDB, statutory board, regulator or other competent authority, or any change in applicable law;
(e) strikes, lock-outs, industrial or labour disputes, or shortage of labour (in each case whether or not involving Midea’s workforce);
(f) failure, interruption, unavailability or shortage of utilities, power, water, chilled-water supply, telecommunications, internet or transport;
(g) any failure, delay, interruption or unavailability of the Centralised Cooling System or of the supply of chilled water by Keppel, or any act or omission of Keppel, HDB, or any installer, contractor, supplier or sub-contractor;
(h) unavailability, shortage, delay or interruption in the supply of spare parts, components, materials or equipment;
(i) breakdown of plant or machinery, cyber-attack, malicious damage, or failure or interruption of IT, network or communications systems;
(j) inability to obtain, or delay in obtaining, any licence, permit, approval, consent or access (including access to the Premises); and
(k) any other event or circumstance beyond Midea’s reasonable control.

17.2 Suspension of obligations. If Midea is prevented, hindered or delayed from performing any of its obligations under this Agreement by a Force Majeure Event, Midea shall not be in breach of this Agreement and shall not be liable to the Customer for any failure or delay in performing such obligations for so long as the Force Majeure Event continues. The time for performance of the affected obligations shall be extended accordingly, and the Servicing Term, the Warranty Period and/or the timing of any Servicing Session or works shall be extended or rescheduled correspondingly, in each case without any liability to Midea.

17.3 Notice and mitigation. Midea shall use reasonable endeavours to notify the Customer of the Force Majeure Event and to mitigate its effects, and shall resume performance of the affected obligations as soon as reasonably practicable after the Force Majeure Event ceases. Midea shall not be required to incur unreasonable expenditure, to procure alternative resources at additional cost, or to settle any strike, lock-out or industrial dispute.

17.4 No liability; no refund for suspension. Midea shall have no liability to the Customer for any loss, damage, cost or inconvenience of any kind arising out of or in connection with any Force Majeure Event, and the occurrence of a Force Majeure Event shall not of itself entitle the Customer to terminate this Agreement or to any refund, save as expressly provided in the following Clause.

17.5 Prolonged Force Majeure. If a Force Majeure Event continues for a continuous period of more than ninety (90) days, either party may terminate this Agreement by giving written notice to the other, in which case Midea shall (where the Customer has prepaid for an Extended Warranty Package) refund a fair and reasonable pro-rata portion of the Fees paid in respect of the unused and unexpired portion of the Servicing Term, and neither party shall have any further liability to the other save for any right or liability accrued prior to termination.

17.6 General. For the avoidance of doubt, nothing in this Clause relieves the Customer of any obligation to pay any Fees that have already accrued, and a Force Majeure Event that causes damage to or failure of the FCU may also constitute a voiding condition under the Clause headed ‘FCU Warranty: Scope, Exclusion of Workmanship and Voiding Conditions’.

Section 18. Miscellaneous

18.1 The invalidity, illegality or unenforceability of any provision of this Agreement shall not in any way affect or impair any other provision of this Agreement and this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. The parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that achieves, as closely as possible, the original commercial intent.

18.2 Unless otherwise specified, all notices, demands or communications required or permitted to be given or made under this Agreement:

(a) to the Customer, may be given or made by courier, prepaid registered post or electronic mail to any of the mailing addresses or electronic mail addresses of the Customer in the records of Midea; for any notice of termination, Midea shall use an address or email for which delivery can be evidenced (or to such other address as the Customer may from time to time notify Midea in writing);

(b) to Midea, may be given or made by courier, prepaid registered post or electronic mail to the following address or electronic mail address (or to such other address as Midea may from time to time notify the Customer in writing): MIDEA (SINGAPORE) PRODUCT PTE. LTD. (UEN: [202512362Z]), [151 Lorong Chuan, #04-05 NEW TECH PARK, Singapore 556741], Attention: [Li Xiaopeng], Email: [xiaopeng.li@midea.com] (or such other address as Midea may notify the Customer in writing).