- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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