General Terms
General Terms of Quotation & Sales:
I.
Definitions
In this document the following words shall have the
following meanings:
1.
"Buyer"
means the organisation or person who buys Goods
2.
"Goods"
means the articles and
services to be quoted and supplied to the Buyer by the Seller;
3.
"Seller"
means Orioner
Hightech Sdn. Bhd.
4.
“Quotation” means the price of goods or services
offered.
II.
General
1.
These
Terms and Conditions shall apply to quotations and sales of
Goods by the Seller to the buyer.
2.
Any
variation to these Terms and Conditions (including any special terms and
conditions agreed between the parties) shall be inapplicable unless agreed in
writing by the Seller.
III.
Price
and Payment
1.
The
price shall be the Recommended Retail Price, unless otherwise agreed in writing
between the parties.
2.
The price in the quotation may altered at any time
by the seller without prior notification to buyer.
3.
Purchase Order of post payment offered by public
universities and selected private universities are acceptable.
4.
Payment before delivery is applied to private
companies and entities.
5.
The
Seller shall be entitled to charge interest on overdue invoices from the date
when payment becomes due from day to day until the date of payment at a rate of
2 per cent per annum above the base rate of Malaysian bank rate.
6.
If
payment of the price or any part thereof is not made by the due date, the
Seller shall be entitled to:
1.
require
payment in advance of delivery in relation to any Goods not previously
delivered;
2.
refuse
to make delivery of any undelivered Goods without incurring any liability
whatever to the Buyer for non-delivery or any delay in delivery;
IV.
Description
Any description given or applied to the Goods is given
by way of identification only and the use of such description shall not
constitute a sale by description. For the avoidance of doubt, the Buyer hereby
affirms that it does not in any way rely on any description when entering into
the contract.
V.
Sample
Where a sample of the Goods is shown to and inspected
by the Buyer, the parties hereto accept that such a sample is representative in
nature and the bulk of the order may differ slightly as a result of the
manufacturing process.
VI.
Delivery
1.
Unless
otherwise agreed in writing, delivery of the Goods shall take place at the
address specified by the Buyer on, or as close as possible to the date required
by the Buyer. The Buyer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery.
2.
If
the Seller is unable to deliver the Goods because of actions or circumstances
under the control of the Buyer, then the Seller shall be entitled to place the
Goods in storage until such times as delivery may be effected and the Buyer
shall be liable for any expense associated with such storage.
3.
Any
damages, shortages, over deliveries and duplicated orders should be reported to
the Seller within 14 days of signed receipt to enable replacement or refund.
VII.
RISK
Risk in the Goods shall pass to the Buyer upon receipt
of the goods. Where the Buyer chooses to collect the Goods itself, risk will
pass when the Goods are entrusted to it or set aside for its collection,
whichever happens first.
VIII.
TITLE
Title in the Goods shall not pass to the Buyer until
the Seller has been paid in full for the Goods.
IX.
RETURN
OF UNUSED GOODS
1.
All
goods are sold on a firm sale basis, i.e. the Seller will not take back any
goods not required or sold by the Buyer, unless otherwise agreed, in which case
the following terms apply.
X.
LIMITATION
OF LIABILITY
1.
The
Seller shall not be liable for any all loss or damage suffered by the Buyer in
excess of the contract price.
2.
Nothing
contained in these Terms and Conditions shall be construed so as to limit or
exclude the liability of the Seller for death or personal injury as a result of
the Seller's negligence or that of its employees or agents.
XI.
FORCE
MAJEURE
The Seller shall not be liable for any delay or
failure to perform any of its obligations if the delay or failure results from
events or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of
plant or machinery or shortage or unavailability of raw materials from a
natural source of supply, and the Seller shall be entitled to a reasonable
extension of its obligations. If the delay persists for such time as the Seller
considers unreasonable, it may, without liability on its part, terminate the
contract.
XII.
ASSIGNMENT
AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale
of Goods shall not be assigned or transferred, nor the performance of any
obligation sub-contracted, in either case by the Buyer, without the prior
written consent of the Seller.
XIII.
WAIVER
The failure by either party to enforce at any time or
for any period any one or more of the Terms and Conditions herein shall not be
a waiver of them or of the right at any time subsequently to enforce all Terms
and Conditions of this Agreement.
XIV.
SEVERABILITY
If any term or provision of these Terms and Conditions
is held invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid, illegal or unenforceable provision
eliminated.
XV.
GOVERNING
LAW AND JURISDICTION
This Agreement shall be governed by and construed in
accordance with the laws of Malaysia and the parties hereby submit to the exclusive
jurisdiction of the Malaysian
courts.
Top That Publishing is a Orioner Hightech Sdn. Bhd.