Terms of Sale

Terms and Conditions of Sale (“Terms”)

You are advised to print a copy of these Terms for reference.

Effective Date of the Terms: 31 January 2017

Last Updated: 31 January 2017

You can place orders for the purchase of the FreeStyle Libre reader and sensor products (individually and collectively referred to as “FreeStyle products”) online through www.FreeStyleLibre.com.sg or through such other channels as Abbott may provide in the future (“Purchase Channels”). The Terms contained in this document apply to the purchase of FreeStyle products through all Purchase Channels and shall not be applicable for any purchase of FreeStyle products from a third party. By using any of the Purchase Channels to purchase products, you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the products and can only be amended with our consent. Any purchases that you make are subject to these Terms.

The Purchase Channels are for the sale of Abbott products to customers who are resident in Singapore. If you are not a resident in Singapore, please visit www.FreeStyleLibre.com where you will be directed to the Abbott website in your country (if any) or do advise an Abbott Customer Service Representative of this and you will be re-directed to an appropriate Customer Service Representative.

The FreeStyle Libre Flash Glucose Monitoring System is a glucose monitoring device indicated for detecting trends and tracking patterns in persons (aged 4 and older) with diabetes mellitus. The indication for children (age 4 – 17) is limited to those who are supervised by a caregiver who is at least 18 years of age. Health care professionals and consumers should be aware about the limitations of available scientific evidence for use of this device in any other groups of patients who require diabetes management.

Please check with your health care professional whether this product is suitable for you. Always read the label. Use only as directed.

Other Applicable Terms

The following documents also apply to your purchase of FreeStyle products through the Purchase Channels. Please read the Privacy Policy and Terms of Use available at www.FreeStyleLibre.com.sg, as they contain important information which applies to all purchases made through the Purchase Channels.

• Privacy Policy. This sets out how Abbott processes the personal data that is collected from you through the Purchase Channels or which you provide to us.
• Terms of Use. This sets out how you are entitled to use the website www.FreeStyleLibre.com

Creating a Contract

If you are placing an order through www.FreeStyleLibre.com.sg, the technical steps required to create a Contract between you and Abbott are as follows:

• You will be guided through the process of placing an order by the instructions on www.FreeStyleLibre.com.sg.
• Please take the time to read and check the details entered at each stage of the order process.
• After you place an order through the Purchase Channels, you will receive an email from Abbott acknowledging that your order has been received. Abbott’s acceptance of your order will take place when you receive an email that confirms that the products have been packed and are ready for dispatch. It is important that you enter a valid e-mail address, as order confirmations are automatically e-mailed to that address. Please ensure your e-mail address is accurate. Also check your spam or junk folder for undelivered invoices.
• The Contract between you and Abbott will only be formed when you receive Abbott’s confirmation that the products have been packed and are ready for dispatch.

Amending These Terms

Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Terms at any time and for any reason. These terms and conditions supersede any other pre-printed terms and conditions appearing elsewhere.

If Abbott amends the Terms, the most recent version of the Terms will be posted online and will apply to the purchase of products through the Purchase Channels as of the effective date of the most recent version of the Terms.

When the Terms are amended, the effective date of amendment will be reflected at the top of this page.

Language of Terms & Contract

These Terms and any Contract are in English only.

Information About Abbott

The Purchase Channels are owned or operated by Abbott Laboratories (Singapore) Private Limited (company registration no. 197000079Z) whose address is 3 Fraser Street, #23-28 Duo Tower Singapore 189352.

Contact Details - Abbott Customer Service

To contact Abbott, please call our Customer Service line at 1800 272 2881 (Singapore toll-free number) or +65 3157 1435.

Use of Images

Images of the FreeStyle products are for illustrative purposes only. The products that you receive may vary from those images.

Software Requirements

In order to download your readings from the FreeStyle Libre reader, your computer must meet the following minimum requirements: a Mac running OS X Mavericks with a dual-core 1.6 GHz (Intel Core i5 or later) processor and 2GB RAM; or a PC running Windows XP SP3 with a dual-core 2.53GHz processor and 2GB RAM.

Information Available on this Website

The information and content provided through the Purchase Channels does not constitute medical advice. You should consult your health care professional for advice before you make any decisions relating to your treatment or care. To the maximum extent permitted by applicable law, Abbott disclaims all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with use of the Abbott websites or any treatment or care decisions which you make, except in the case of death or personal injury resulting from Abbott’s negligence.

Orders

All orders are subject to acceptance by Abbott. Abbott will provide you with an order acceptance or rejection notice as soon as reasonably possible. You will need to specify a delivery address within Singapore.

Order Cancellation

Abbott has the right to cancel any accepted order prior to delivery in the event of any pricing error or any material error outside of Abbott’s control in connection with your order or other conditions published on the website www.FreeStyleLibre.com.sg relevant for your order, or if any further verification of your credit conditions or records so warrants.If you have already made payment and your order is cancelled, Abbott will issue a refund to you.

Product Availability

The purchase of FreeStyle products through the Purchase Channels is subject to availability. Abbott will inform you as soon as possible if the product you have ordered is not available and Abbott will not process your order. If you have already paid for the FreeStyle product(s), you will be refunded in full. Abbott reserves the right to impose ordering restrictions on the number of products that can be ordered and the interval at which these products can be ordered.

Delivery

Your FreeStyle products will be delivered to you as soon as possible and in any event within 30 calendar days of Abbott accepting your order.

The FreeStyle products will be delivered to you by a courier engaged by Abbott. Risk of damage to or loss of the FreeStyle products shall pass to you at the time of delivery.

If you are not available when your order is delivered, the courier may contact you or leave a message to re-arrange delivery at an alternative time.

Abbott will deliver directly to the address specified in your order. It is your responsibility to ensure address details are correct; Abbott does not assume responsibility for undelivered orders caused by incorrectly entered addresses. Abbott is unable to deliver the same order to multiple addresses.

When the products are delivered to you, you should check the contents of the package immediately as per the enclosed delivery document. If an item or a product is not delivered, missing or damaged, you are requested to contact Abbott, within 7 business days from the date of dispatch or 48 hours from the date of receipt, by calling our Customer Service line at 1800 272 2881 or +65 3157 1435. If Abbott does not receive any communication from you within 14 calendar days from the date of dispatch, it will be construed that the products were delivered correctly.

Prices

The prices of the FreeStyle products will be as described through the relevant Purchase Channel from time to time. Abbott will take reasonable care to ensure that the product prices are correct at the time an order is placed.

Prices for the FreeStyle products may change from time to time. Price changes will not affect any prior order which has been accepted by Abbott as set out above.

The FreeStyle products prices include GST.

The price of the FreeStyle products does not include delivery charges to you. You will be informed of the delivery charges, if any, when you make your purchase through the Purchase Channel.

Delivery charges will be added to the total amount due once you have selected a delivery service.

Incorrect Prices. If you are charged an incorrect price, then either (a) where the product’s correct price is less than the price stated through the relevant Purchase Channel, you will be charged the lower amount prior to the product being dispatched to you; or (b) where the product’s price is higher than the price stated through the relevant Purchase Channel, Abbott will contact you by the method that you have indicated you prefer in accordance with the Privacy Policy in order for you to confirm that you either wish to proceed with or cancel the purchase. If Abbott is unable to contact you, your order will be cancelled and you will be notified in writing.

Special Offers. From time to time, Abbott may make special offers available through the Purchase Channels. Abbott will provide the terms of any special offers at the time of purchase. Any such terms incorporate these Terms in full. In the event of any conflict between these Terms and any special offers, these Terms shall prevail.

Payment Method

Abbott accepts Master and Visa credit cards for payment. The payment options are shown at the time of payment.

Payment for your order and all applicable delivery charges is to be made in advance. You confirm that you own or have the authorization to use the credit/debit card that is being used to make your purchase.

All credit and debit card holders are subject to validation checks and authorization by Abbott. If Abbott believes that the card used to pay for your order is being used fraudulently, this will be reported to the relevant authorities. For more information about how Abbott treats personal data, please refer to the Privacy Policy.

If your card issuer refuses to authorize payment for your order, we will be unable to dispatch the FreeStyle products to you and we will not be responsible for any delay or non-delivery. Abbott will not be informed of the reason for refusal and is therefore unable to inform you of the reason that your card issuer has refused payment.

Abbott is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order.

Your account will record that payment has been taken by Abbott Laboratories (Singapore) Private Limited.

Cancellation and Returns

Cancellation of orders will not be accepted once order is placed.

Refund Policy and Processing Refunds

All sales of FreeStyle product(s) sold through the Purchase Channels are final. Except as set out in these Terms, Abbott has a strict no cash refund policy for FreeStyle product(s) purchased through the Purchase Channels regardless of whether the FreeStyle product(s) are purchased singly or as part of a package.

If you are entitled to a refund as set out in these Terms, Abbott will process the refund as soon as possible and in any case within 14 business days from the day you receive Abbott’s confirmation that you are entitled to a refund. The refund will be made on the credit or debit card used by you to pay.

Faulty FreeStyle Products

In the unlikely event that one of the FreeStyle products develops a fault prior to expiry (or within a period of 2 years for the FreeStyle Libre reader) from the date of delivery (other than due to normal wear and tear, failure to follow instructions, user error or misuse, willful damage, negligence, abnormal storage, used outside of indication or unauthorized alteration) or is damaged while it is being delivered, Abbott will replace the faulty FreeStyle product(s).

Please contact our Customer Service line at 1800 272 2881 or +65 3157 1435, who will be able to advise you on how to return faulty FreeStyle products to Abbott and obtain a replacement.

if you return the FreeStyle Libre reader to Abbott, please ensure that you erase any personal information that is stored on the reader completely before sending the reader back to Abbott.

Product Warranty

The FreeStyle Libre reader is sold with a 2 year warranty and will be replaced by Abbott if it develops a fault during this 2 year period (other than due to normal wear and tear, failure to follow instructions, user error or misuse, willful damage, negligence, abnormal storage, used outside of indication or unauthorized alteration).

This warranty is valid if the reader is defective in material or workmanship, and it has been used only in accordance with the User’s Manual. Abbott’s obligation is to replace the reader free of charge with a same or alternative reader as determined by Abbott in its sole discretion. Your replacement may be a different model or type. This warranty covers only the reader (and does not cover disposable accessories), extends only to the original purchaser, and is not assignable or transferable.

If you need to make a warranty claim to Abbott, you may call our Customer Service line at 1800 272 2881 or +65 3157 1435. Abbott shall bear all costs associated with delivery of replacement readers to you and the return of defective readers to Abbott.

If the FreeStyle products are used for any purpose other than the indicated purpose stated in its User’s Manual or these Terms, Abbott shall not be (a) responsible for such use, and (b) obligated to provide any refund or replacement.

When Abbott products are used outside of their indicated use, Abbott does not provide product support and will consider the product warranty to be null and void. Abbott is not responsible for any defect arising from normal wear and tear, failure to follow instructions, user error or misuse, willful damage, negligence, abnormal storage, used outside of indication or unauthorized alteration.

The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in this Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in this Product Warranty, all other express or implied terms, warranties or conditions with respect to the FreeStyle products supplied are excluded.

Liability

Abbott does not exclude or limit in any way its liability for:

To the extent permissible by law,

Abbott is not liable to you where performance of any obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

You are responsible for the ways in which you use the FreeStyle products and Abbott does not accept any liability in this regard.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available is owned at all times by Abbott.

Communications

If you would like to contact us, please call our Customer Service line at 1800 272 2881 or +65 3157 1435.

Transfer of Contract

Any Contract for the purchase of products made through the Purchase Channels is between Abbott and you. No other person shall have any rights to enforce any of its Terms. If you have purchased a product as a gift, the recipient of the gift will be entitled to the benefit of the Product Warranty set out in these Terms.

Abbott may transfer its rights and obligations under the Contract to another organisation. This will not affect your rights or our obligations under these Terms.

All other transfers of rights and obligations must be agreed with Abbott in writing prior to the transfer taking place.

Interpretation of these Terms

Each of the paragraphs operates separately. If any court or authority finds that any of them are unlawful or unenforceable, the remaining paragraphs will continue in full force and effect.

Delay in Enforcement

If Abbott fails to insist that you perform any of your obligations under these Terms or is delayed in enforcing the Terms, this should not be interpreted as a waiver of the rights of Abbott under these Terms. You are still required to comply with these Terms irrespective of Abbott’s enforcement or otherwise. A default by you will only be waived if it is in writing, signed by Abbott.

Governing Law

These Terms and the Contract are governed by the laws of Singapore, including any disputes or claims arising out of or in connection with them and the courts of Singapore will have jurisdiction over any such dispute or claim.