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Nikon Singapore Service Terms and Conditions
Last updated: 8th May 2025
Subject to the following terms and conditions ("Terms"), you may submit a service order (in the form and manner that we may from time to time specify) ("Service Order") to request for Nikon Singapore Pte Ltd (hereinafter referred to as "we", "us" or "our") to provide you with repair, replacement and/or adjustment services as may be further particularised in the Service Order ("Services") in respect of an eligible Article. By submitting a Service Order, you agree, acknowledge, and unconditionally accept the entirety of these Terms. If you do not agree to these Terms, do not submit a Service Order.
Section I: Provision of Services
1. Subject to Clause 2 below, we may in our sole and absolute discretion accept or reject any Service Order.
2. Where we have specifically agreed to provide you with certain Services in respect of an eligible Article covered under our warranty policy (set out at https://www.nikon.com.sg/warranty, and as we may amend from time to time) ("Warranty Policy"), we will accept your Service Order to provide such Services in accordance with the Warranty Policy ("Warranty Services"), but in any event subject always to these Terms. To the extent of any inconsistency between the Warranty Policy and these Terms, these Terms shall prevail.
3. Notwithstanding Clauses 1 and 2 above, where we accept a Service Order, you agree and acknowledge that:
a. we will provide you with the Services subject to these Terms as well as such additional terms and conditions as we may specify to you in connection therewith;
b. we shall have no obligation to provide you with the Services (or any part thereof) or continue to provide you with the Services (or any part thereof), where: (i) we do not receive the relevant Article according to these Terms; (ii) the Article is not eligible for the Services; (iii) we have not received full payment of all applicable fees (and/or interest, if applicable) due and payable by you under these Terms; and/or (iv) you otherwise breach any of these Terms;
c. you shall promptly submit the relevant Article to us in the form and manner that we may specify. Without limiting the foregoing, when submitting an Article to us, you shall: (i) inform us if the Article is covered by a valid service warranty; and (ii) provide documentary evidence in the form and manner acceptable to us (including the valid warranty card and corresponding sales invoice);
d. we may provide the Services in the form and manner, and to such standards, that we may determine in our sole and absolute discretion from time to time, including without limitation in relation to (where applicable) inspection and testing methodology, internal standards, the software or firmware to be installed, the standard of repair or adjustment, the degree of restoration, the part(s) to be used for replacement, and/or the time we or our subcontractor(s) will complete the provision of the Services (or any part thereof). To avoid doubt, we do not guarantee the restoration of any Article to its original appearance or functionality;
e. we may from time to time subcontract the performance of these Terms and/or the provision of the Services (or any part thereof) to any person that we determine in our sole and absolute discretion and without prior notice or consent from you;
f. you shall pay all applicable fees described under these Terms in the manner and to such account(s) and on such payment terms as we may from time to time designate in writing. If you fail to make any payment due to us under these Terms by the due date specified to you, without limiting any remedies that we may have at law or under these Terms: (i) you shall be liable to pay interest (as we may reasonably specify) on the overdue amount, together with the overdue amount; and (ii) we shall be entitled to suspend performance of the Services until payment of all fees due (and/or interest due, if applicable) has been made in full or otherwise terminate the provision of Services without liability to you; and
g. time shall not be of the essence in respect of our performance under these Terms, and any timeline(s) provided to you in respect of provision of Services (or any part thereof) shall be an estimate only. You agree and acknowledge that the time required for performance of the Services may be subject to circumstances that make it impracticable for us to commit upfront to any timeline(s) (for example an Article's inspection subsequently showing that the Article is ineligible, or circumstances outside our control), and that we shall have no obligation to provide you with any definitive timelines for the completion of the Services.
4. Without limiting Clause 3, you additionally agree and acknowledge that:
a. we shall have no obligation to disclose any specific process, technique or procedure that we employ to test the submitted Article in the course of our provision of the Services. We may upon your request but in our sole and absolute discretion provide you with the results (or explanation thereof) of any such test(s) conducted on the Article;
b. all part(s) replaced or removed from an Article during the provision of Services will not be returned to you. We may, upon your request but at our sole and absolute discretion, (in the form and manner that we may in our sole and absolute discretion determine) show you such part(s), for example by providing photograph(s) of the same;
c. any accessories, stickers, labels, decals or other similar attachments ("Attachments") affixed to the Article may be damaged or removed during the provision of Services. We shall not be liable for any loss, damage, or alteration to any Attachment. You are solely responsible to remove any Attachment as appropriate prior to submitting the Article to us for Services. We shall not be responsible for the replacement or restoration of any Attachment;
d. in relation to Services performed on the optical element(s) of an Article, including without limitation lenses and filters, you agree and acknowledge that: (i) any such Service shall be entirely at your risk. We shall not be liable to you for any damage or defect in any optical element, including without limitation the coating or glass surface, that occurs as a result of the performance of such Services; and (ii) you agree to pay all applicable fees described in these Terms for such Services regardless of whether fungus on the optical elements of the Article, if any, can be removed;
e. we shall have the right to update an Article's firmware to its latest version in the course of our performance of the Services, and we shall not be liable for any compatibility issues that arise as a result of such update, including without limitation incompatibility with our other products and/or products not manufactured by us;
f. you may request for us to complete the Services on an expedited basis ("Express Service"). We may in our sole and absolute discretion accept or reject any such request, and if we do accept:
i. we will exercise reasonable endeavours to provide you with Express Service within an estimated timeline of 3 working days or such other estimated timelines as we may specify, subject to sufficient availability of the necessary resources (e.g., spare parts) to support the Express Service; and
ii. where the Article you submit in relation to your request for Express Service is not eligible for Warranty Services (under Clause 2), the applicable fees due and payable by you shall include: (i) the Service Fee (if required under Section II below); (ii) the Inspection Fee (if required under Section II below); AND (iii) an additional 50% of the fees specified in the Quotation ("Express Surcharge"). To avoid doubt, you shall be liable to pay the Express Surcharge notwithstanding any delay attributable to you in the collection of the Article; and
g. personal cheques will not be accepted as a form of payment to us.
5. An Article shall not be eligible for Services (and we shall have no liability whatsoever to you in respect of any such Article) where any of the following circumstances applies: (a) we determine, in our sole and absolute discretion, that any damage or defect to the Article is not due to manufacturing defects; (b) any purported damage or defect to the Article is contemplated as part of the equipment specifications, or arose from normal wear and tear; (c) there is/was user error; (d) there is impact or water damage; (e) the Article is/was used with equipment or materials not supplied or approved by us; (f) there is any tampering or maintenance, alteration, modification or adjustment performed by persons other than us and/or our approved designees, including without limitation firmware changes; (g) there is/was use outside our recommended conditions or otherwise use of the Article in breach of any of the provisions of the agreement under which the Article was supplied; (h) there is/was a failure, interruption or surge in the electrical power or its related infrastructure connected to the Article; (i) there is/was a failure or malfunctioning of environmental controls required for the normal operation of the Article, or an error or omission in the correct use of that environmental controls by you; (j) you neglected, misused, or mishandled the Article; (k) you did not purchase the Article directly from us or our authorised supplier(s); and/or (l) we determine in our sole and absolute discretion from the inspection of the Article that the Article is ineligible for Services. Our determination of any matter under this Clause 5 shall be final and binding on you.
6. We may at any time (even after commencing the provision of Services) in our sole and absolute discretion determine that an Article is not eligible for the Services, in which event we shall have the right (without any liability to you whatsoever) to:
a. return the Article to you without completing the Services; and/or
b. provide an alternative product (determined in our sole and absolute discretion) to you on an as-is basis.
Section II: Quotation, Inspection, Service, and other Fees
7. If an Article is eligible for Warranty Services (under Clause 2), and provided further that we accept a valid Service Order that you have submitted in connection therewith, no additional fees are applicable in respect of our provision of such Warranty Services in accordance with these Terms.
8. Where we accept a Service Order in respect of an eligible Article that is not covered under our Warranty Policy, the following fees shall apply to the provision of our Services:
a. you shall pay to us a non-refundable inspection fee ("Inspection Fee") in the amount that we may specify prior to such inspection, for our inspection of the Article to determine its eligibility for the Services. The Inspection Fee shall be due and payable by you immediately upon your submission of the Article to us;
b. if we determine in our sole and absolute discretion that the Article is eligible for Services, we will issue a quotation of fees applicable to the Services which will be inclusive of the Inspection Fee ("Quotation"). We will proceed with the Services only if you accept the Quotation within seven (7) working days of its issuance. The balance of fees stated in the Quotation after deducting the Inspection Fee ("Service Fee") shall be due and payable by you on the Date of Service Conclusion (as hereafter defined);
c. after commencing the provision of Services, we may determine in our sole and absolute discretion that the actual cost of the Services will exceed the fees stated in the Quotation, in which event we will suspend the Services and provide you with an updated Quotation. We will continue the performance of the Services only upon your approval of the updated Quotation within seven (7) working days of its issuance. The balance of fees stated in the updated Quotation after deducting the Inspection Fee and the Service Fee shall be due and payable by you on the Date of Service Conclusion; and
d. if you decline the Quotation or updated Quotation (as the case may be), we will return the Article to you without completing the Services and without liability to you, and Clause 9 shall apply. To avoid doubt, the Inspection Fee is non-refundable.
9. In the event that we seek to return the Article to you without completing the Services pursuant to Clauses 6 or 8(d) or 18, you agree and acknowledge that:
a. you shall be liable for fees incurred for Services already performed (if any), except where Clause 7 above applies to the Article. To avoid doubt, if any replacement of component part(s) is performed during the quotation process (i.e. before the Quotation is issued), you shall be liable to pay for the cost of the replaced parts in addition to the Inspection Fee, due and payable on the Date of Service Conclusion, even if you reject the Quotation;
b. the Article may not be returned to you in the condition that it was submitted to us. Without limiting the foregoing, in the event that internal parts of the Article are broken or additional components are required to reassemble the Article, if you request for us to reassemble the Article and we accept such a request, you shall be liable to pay us the additional cost for the reassembly as we may specify; and
c. you shall remain liable for the applicable Inspection Fee (as required under Section II) if unpaid, which shall remain non-refundable.
10. We shall have the right to retain possession of your Article we have received full payment of all fees due from you under these Terms.
Section III: Your Obligations
11. You shall, at your sole cost and expense:
a. truthfully and accurately provide in the form and manner as we may request: (i) all contact details; and (ii) such information concerning the Article and its use as we may reasonably request in connection with our provision of the Services; and
b. be solely responsible to back up any data contained on the Article before submitting it to us for Services, and we shall not be liable for any loss or deletion in the settings and internal memory or other data of the Article.
Section IV: Collection of Article, Completion of Services, and Additional Services
12. Following the Date of Service Conclusion (as hereafter defined), and on such date(s) that we may notify you for collection ("Available Date(s) for Collection"), you may request to collect an Article by presenting us with the applicable Service Order for that Article, and any other documentation as we may reasonably require to confirm your identity (or otherwise determine your eligibility to collect the Article).
"Date of Service Conclusion" means, as we may determine and notify you, any of the following date: (a) the date of completion of our Services; (b) the date on which we determine that an Article is not eligible for the Services pursuant to Clause 6; (c) the date on which we decide to return the Article to you without completing the Services pursuant to Clauses 6 or 18, as we may notify you; or (d) the date you decline the Quotation or updated Quotation pursuant to Clause 8(d) above.
13. You shall comply with the instructions and procedures pertaining to your collection of any Article, as we may from time to time specify to you. Without limiting the foregoing, we shall have the right to reject your request for collection if: (a) we do not have sufficient information to determine your eligibility to collect the Article; and/or (b) you request for collection on a date that is not an Available Date for Collection.
14. When you collect the Article, it shall be your sole responsibility to verify that:
a. all separate items (e.g., accessories) accompanying (but not part of) the submitted Article are returned to you. You shall promptly notify us, at the time of your collection, if you believe that any such separate items are not presented to you during collection. If you fail to promptly notify us as required at the time of your collection, we shall have no obligation or liability to you in respect of any separate items reported as purportedly missing after you collect your Article. To avoid doubt, we shall have no obligation to return your Article in its original condition, and/or with its original components; and
b. all applicable Services in relation to the Article have been satisfactorily completed in full and in accordance with the Service Order. You shall promptly notify us, at the time of your collection, if you believe that applicable Services have not been satisfactorily completed in full and/or in accordance with the Service Order. If you fail to promptly notify us as required at the time of your collection, we shall have no obligation or liability to you in respect of Services reported as purportedly incomplete after you collect your Article.
15. We shall not be liable to you for any loss or damage to your Article: (a) arising from circumstances beyond our control (including without limitation the circumstances described in Clause 26 below); and/or (b) if the Article is not collected by you on any of the Available Date(s) for Collection as notified to you. In addition, if an Article remains uncollected for 3 years after Date of Service Conclusion, due to us being unable to contact you or for any other reason howsoever arising, we shall have the right to dispose of the Article without any further notice or liability to you.
16. If you have collected your Article on one of the Available Date(s) for Collection, you may request for us to provide an additional round of Services under the same Service Order ("Additional Services") with applicable fees waived, provided further that you raise this request to us within 180 calendar days from the latest Available Date for Collection, and the Additional Services requested are in respect of (and within) the same scope of Services as particularised in that Service Order. We may accept your request in our sole and absolute discretion, and if we so accept, you further agree and acknowledge that: (a) such Additional Services shall not include cleaning (including without limitation the cleaning of lenses to remove fungus) and replacement of parts which may be subject to a separate Service Order and you shall be liable to pay any additional charges applicable to the same; and (b) all terms and conditions of these Terms, including those relating to the provision of Services, shall also apply mutatis mutandis to the Additional Services.
Section V: Processing of Personal Data
17. You agree, acknowledge, and consent that:
a. we may collect, use and disclose your personal data in accordance with and for the purposes set out under our Privacy Policy (currently accessible at http://www.nikon.com.sg/en_SG/about/privacy) as we may amend from time to time. In addition and without limiting your foregoing consent, we may also collect, use and disclose your personal data (including your name, contact number, email address and mailing address) provided in the Service Order for the purposes of supplying the Services requested by you, as well as for the purposes of performing our obligations under these Terms; and
b. for the purposes described in sub-paragraph (a) above, we may disclose and/or share your personal data with our subcontractors, third party service providers and/or data processors to process or back up your personal data, provide the Services (or parts thereof), provide customer service, or address your enquiries (including but not limited to enquiries relating to the status of repairs and/or servicing carried out on your Article), and/or conduct customer research or customer satisfaction services (which could include contacting you for your feedback regarding your experience with our services). As a result, we may disclose your personal data to our subcontractors', third party service providers' and/or our data processors' overseas facilities.
18. You may seek to exercise certain rights available to you at law, or withdraw your consent to our continued collection, use and disclosure of your personal data, by contacting us at privacy.sg@nikon.com. If you withhold or withdraw your consent under this Section V, you agree and acknowledge that we may return the Article to you without completing the Services and without liability to you, and Clause 9 above shall apply.
Section VI: No representations and warranties
19. To the maximum extent permitted by law, you agree and acknowledge that:
a. except as expressly provided in these Terms, all Services provided under these Terms are provided on an "as is" basis without warranty of any kind (whether express, statutory, implied or otherwise) at your sole risk; and
b. we hereby expressly disclaim all warranties, whether express, statutory or implied, oral or in writing, including but not limited to the warranties of non-infringement of third party rights, title, satisfactory quality, accuracy, adequacy, completeness, timeliness, merchantability, currency, reliability, performance, security, fitness for a particular purpose, continued availability, or inter-operability with other systems or services (e.g., incompatibility of the Article with other products regardless whether or not manufactured by us), and no such warranty or representation is given in conjunction with the Services and/or the Article.
Section VII: Limitation of Liability, Indemnity
20. Notwithstanding any other provision in these Terms, to the maximum extent permitted by law, in no event shall the Indemnitees (as hereafter defined) be liable to you or any other party for any Losses, fines, or penalties (or other levies or charges imposed by any governmental or regulatory authority), even if informed of the possibility thereof, arising from or in connection with:
a. your breach of any representation, warranty, and/or obligation under these Terms;
b. any action, instruction, direction, order, request, and/or guidelines of a competent authority;
c. any matters or Losses disclaimed in these Terms;
d. Losses which are of an indirect, incidental, consequential, special or exemplary nature of any kind, regardless of the cause thereof; and/or
e. any loss of: (i) revenue; (ii) business and/or business opportunities; (iii) anticipated savings; (iv) profit; (v) data; (vi) goodwill; and/or (vii) software.
21. To the extent not excluded, and/or to the maximum extent permitted by law, our maximum aggregate liability for all Claims, suits, demands, actions or other legal proceedings in connection with this Service Order, whether based on an action or Claim in contract, negligence, tort or otherwise, shall not exceed Singapore Dollars S$1,000.
22. To the maximum extent permitted by law, you hereby unconditionally undertake to indemnify, defend and hold us and our employees, servants, officers, agents, directors, partners and/or permitted assigns (collectively, the "Indemnitees") harmless from and against any and all Losses which may be sustained, instituted, made or alleged against (including without limitation any Claim or prospective Claim in connection therewith), or suffered or incurred by any Indemnitee, and which arise (whether directly or indirectly) out of or in connection with:
a. your breach of any representation, warranty, and/or obligation under these Terms;
b. your breach of any applicable law in connection with a Service Order; and/or
c. any action taken by us either as part of our investigation of any suspected breach of these Terms, or as a result of our finding that a breach of these Terms has occurred.
Section VIII: General
23. Governing Law and Dispute Resolution: These Terms and any dispute or Claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or Claims) shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
24. Notices:
a. All notices to be served on us, and other communications given or made pursuant to these Terms to us, shall be in writing and shall be deemed effectively served or given upon the earlier of the following: (i) actual receipt, if sent by personal delivery to us; (ii) when received, if sent by electronic mail during our normal business hours, and if sent by electronic mail but not during our normal business hours, then on our next business day; (iii) 5 calendar days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) 1 working day after deposit with a nationally recognised overnight courier, freight prepaid, specifying next working day delivery, with written verification of receipt.
b. All notices to be served on you, and other communications given or made pursuant to these Terms to you shall be deemed effectively served or given upon the earlier of the following (i) when sent, if sent by personal delivery to you; (ii) when sent, if sent by electronic mail; (iii) 3 calendar days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) 1 working day after deposit with a nationally recognised overnight courier, freight prepaid, specifying next working day delivery, with written verification of receipt.
c. In addition, all documents to be served on you (including without limitation any demand or originating process relating to or by which any legal proceeding is commenced), and other communications given or made pursuant to these Terms to you, shall be deemed effectively served or given: (i) in accordance with any applicable law or procedural rules that we are entitled to rely upon or you are subject to in relation to service of such documents; (ii) by any mode of communication referenced in subparagraph (b) above; or (iii) by facsimile transmission, electronic mail or other Internet or online communication channels (which may include without limitation messages sent to the Relevant Address (as hereafter defined) or to user account(s) which we in our sole and absolute discretion determine from time to time to be associated with you through messaging or chat systems on social media or other online services).
d. If you provide us with any of your contact details, you shall notify us in writing of any change of such contact details within 48 hours of such change.
25. Assignment: You shall not transfer or assign all or any of your rights or obligations hereunder in whole or in part to any third party without our prior written consent. Notwithstanding the foregoing, we shall have the right to transfer or assign all or any of our rights, obligations or benefits hereunder in whole or in part to any party.
26. Force Majeure: We shall not be liable for any delay or failure in the performance of our obligations under these Terms for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond our reasonable control. If the period of delay or non-performance continues for 2 months, we may return the Article to you without completing the Services, and Clause 9 shall apply.
27. Further Assurance: You shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of these Terms, and to give us the full benefit of these Terms.
28. No Partnership: You and us are independent contractors, and nothing in these Terms shall create, or be deemed to create, a partnership between you and us.
29. No Waiver / Cumulative Rights: No omission or delay by us in exercising any or part of our rights under these Terms shall operate as a waiver thereof. Unless expressly stated otherwise (i.e., expressed to be an exclusive right or remedy), the rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise).
30. Set-off: All sums payable to us under these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
31. Illegality / Severability: The provisions of these Terms are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of these Terms, shall remain valid and enforceable to the fullest extent permitted by applicable law in order to give effect to the intentions of you and us. Nothing in these Terms shall be construed as limiting, restricting or derogating from any mandatory rights or remedies available to you under applicable laws that cannot be modified by contract, including without limitation the Consumer Protection (Fair Trading) Act 2003.
32. Survival: In the event of termination of these Terms howsoever caused, Section VII and Section VIII and those rights or obligations of the parties under these Terms which are expressly or by implication intended to survive termination or expiry, shall survive and continue to bind the parties, their respective successors, and assigns.
33. Third Party Rights: A person who is not a party to these Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 2001.
34. In these Terms, unless the context requires otherwise:
a. "Article" means any item submitted to us for Services;
b. "Claim" means any claim, action, application, demand, proceeding, threat or any other similar claim;
c. "Loss" or "Losses" includes all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), penalties, fines, charges, fees, expenses, actions, proceedings, damages, Claims, demands and other liabilities, whether foreseeable or not;
d. "Relevant Address" means any of your contact details (including but not limited to addresses, facsimile numbers, and electronic mail addresses) which: (i) you may provide us from time to time; (ii) which we may obtain from reliable sources as determined by us (including via third parties and your online user accounts); and/or (iii) from which any correspondence from you or purported to be from you was sent or despatched to us; and
e. (i) the headings are inserted for convenience only and shall not affect the construction of these Terms; (ii) the term "person" shall include any individual, company, or association or body of persons, regardless of whether they are corporate or incorporate; and (iii) unless the context otherwise requires, words in the singular shall include the plural and vice versa and words in a specific gender shall include the other genders (male, female or neuter).