TERMS AND CONDITIONS OF SALE
UNIQUE FIRE INDUSTRY SDN BHD
("THE COMPANY")

 

  1. All prices quoted or listed are subject to alterations without prior notice and ex-factory. All prices quoted are in Malaysian Ringgit, but the Company reserves the right to quote in other currencies. Unless otherwise specified, the prices quoted include sales tax. The purchaser shall bear and pay for any increase in freight or insurance rates, taxes, tariffs, all imports or other duties, or other Government charges imposed after the date of this contract and if the same has been paid in advance by the Company it shall be added to the contract price and paid by the purchaser to the Company.
     
  2. The Company reserves the right to revise payment terms as stated in the invoice. All payment shall be made according to this confirmation in writing or on terms as stated in this contract. Accounts which are not queried within FOURTEEN (14) days of receipt are deemed to be true and accurate. All overdue accounts shall be charged with interest at the rate of ONE POINT EIGHT PER CENTUM (1.8%) per month calculated from the expiry of the Payment Term until full payment and the purchaser also agrees to capitalisation of the interest accrued thereon on a monthly basis. The purchaser shall not be entitled to contra the accounts with properties whatsoever.
     
  3. In the event the Purchaser defaults in paying any sum due under any order, the Company shall have right either to suspend all further deliveries until the default is made good or to cancel the orders for any goods which have yet to be delivered.
     
  4. Whilst the Company will use its best endeavour to comply with the estimated deliveries dates, the Company shall not be held liable for losses of any kind due to any delay in delivery or failure to deliver. (In the event of non-delivery, both carriers and the Company must be notified within FOURTEEN (14) days from the date of expected arrival, otherwise the Company shall be discharged from any liability whatsoever).
     
  5. If the Purchaser shall for any reason whatsoever fail, neglect and/or refuse to accept the delivery of the goods within FOURTEEN (14) days upon receipt of advice from the Company to affect the delivery, the Purchaser shall pay to the Company the full amount of the goods ordered herein together with storage charges at the rate of ONE POINT FIVE PER CENTUM (1.5%) of the sales price per month calculated TWO (2) weeks from date of notification until acceptance of delivery. Nothing herein shall prejudice the rights of the Company to claim damages/costs for non acceptance of the goods by the purchaser.The Company is in no way responsible for damages, rust or deterioration of the goods whilst stored by the Company or other parties.
     
  6. The Company shall not be held responsible for any damage or loss of the goods in transit. Delivery orders shall be signed "Examined". If there is any claim on damage, defect and/or shortage in the goods so delivered, the Company shall be notified within SEVEN (7) days of delivery of the goods PROVIDED that any such claim shall not be greater in amount than the actual invoice value of the said goods. The goods which are agreed to be defective by the Company in writing, shall be replaced or rectified to its original state if practicable, but it shall not form the subject of any claim for consequential loss, damage or expense. Any defects in the quality of the goods so delivered shall not be a ground for cancellation of the remainder of the contract.
     
  7. The Company shall not be held liable either in contract or in tort for any loss, injury or damage arising or said to arise from the misuse of or any defects in the goods.
     
  8. As the Company cannot exercise control over the handling storage, application or use of any goods so supplied, there shall be no implied or express condition and/or warranty as to the life or wear of the goods or that they are suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or condition may be known to the Company. The Company shall not be held liable for any loss, damage or injury howsoever arises therefrom.
     
  9. The property in the goods shall not pass to the purchaser until payment has been made in full to the Company, but from the time of delivery of the goods from the Company's premises the risk of any loss or damage to the said goods shall pass to the Purchaser.
     
  10. The Company shall not accept the return of any goods correctly supplied in accordance with the purchase order and duly acknowledged receipt after reasonable inspection by the purchaser.
     
  11. The purchaser shall pay to the Company THIRTY PER CENTUM (30 %) of the price as stated in the Sales Contract, if the purchaser cancels an order or change the model of the goods. If the purchaser cancels an order for goods not customarily carried in stock by the Company, the purchaser shall pay to the Company liquidated damages equivalent to the Company's published price for such completed goods or an equitable price based on the degree of processing of such goods which are under process at the time of cancellation.
     
  12. If there is any change in the quantity of the goods so ordered, the purchaser shall notify the Company in writing within THIRTY (30) days before the delivery date and any such change shall be subject to the agreement of the Company.
     
  13. Notwithstanding that the Company's products are shown in the Company's catalogues, actual product samples or actual product for sale, the Company reserves the rights to alter the patterns, grains, shades and design of the Company's products without prior notice and the Company shall not be liable for any claim whatsoever arising therefrom.
     
  14. If the import and export of the goods is restricted or subject to any regulation, the order shall be executed after the necessary permits have been obtained and the regulation has been duly complied with.
     
  15. Where the price specified herein provides for the absorption by the Company of the freight charges, either as a whole or in part, the Company shall have the right to select the means of transportation. If the purchaser requires as means of transportation other than the selected by the Company, any extra costs incurred by reason of using such other means shall be paid by the purchaser.
     
  16. This contract shall in all respects be governed and construed in accordance with the laws of Malaysia and the Company and the Purchaser irrevocably submit to the jurisdiction of the courts of Malaysia in respect of any matter arising from this contract.
     
  17. The Company shall not be liable for any delay in performing this contract in the event of war, fire, flood, strike, labour trouble, accident, riot, acts of government authority, acts of God or contingencies beyond the control of the parties which inteferes with the production, supply, transportation or consumption of the goods covered by this contract.

WARRANTY:

The Company warrants the sold products to be free from defects in material and workmanship under normal use and service. The Company's obligation under this Warranty shall be limited to replacing, at our plant, any parts thereof which shall, within Fourteen (14) days after delivery to the Purchasers be demonstrated to be defective; UNLESS otherwise specified in writing by the company.
The Company shall not be liable under any terms of this Warranty if the defective part is not submitted to the Company for inspection.This Warranty does not extend to incidental or consequential damages of any nature. In no event shall the Company be liable, in contract, tort, strict liability or under any other legal theory, for incidental, indirect, special or consequential damages, including but not limited to labour charges, regardless of whether the Company was informed about the possibility of such damages, and in no event shall the Company liability exceed an amount equal to the sales price.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY AND FITNESS for purpose intended. No person, firm or corporation is authorised to assume for us any other liability in connection with the sales of the Company's products.

LIABILITY:

The Company assumes no penalty or liability for delays in shipping due to fire, strikes, transportation, or circumstances beyond our control. Receipt of goods shall waive all claims of delay.


 
UNIQUE FIRE INDUSTRY SDN BHD
No. 16, Jalan BK 1 / 12, Kinrara Industrial Park,
Bandar Kinrara, Jalan Puchong,
47100 Selangor, Malaysia.

Tel : 603-8076 1880 / 8076 1841 / 8076 1842    
Fax : 603-8076 1862
 
Website : http://www.uniquefire.com
E-mail :  enquiry@uniquefire.com

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