Interpretation
a) "Seller" means The Tapping Tapir Sdn Bhd (1059110-M).b) "Buyer" means the other party contracting with Seller.
c) "Goods" means the goods, as described in the Description of the Invoice.
d) “Carrier” means 3rd party logistics responsible of delivery of the Goods.
1. General
The present Terms and Conditions of business supersedes any prior agreement between the parties and in particular conditions submitted by Buyer.
- Damages, Shorts, Losses in Transit
The Buyer shall inspect the Goods immediately on delivery and shall within 3 days of delivery notify both the Seller and the Carrier in writing details of any damages, shortages or losses of the Goods, otherwise the Goods shall be deemed to have been supplied in accordance with the contract and to have been accepted by the Buyer.
- Defective Goods
The Buyer shall not be entitled to reject or return any Goods which are defective but shall at our option and expense if we believe the complaint is justified replace or refund the original invoice values of any such Goods if written particulars of the alleged defect are received by us no later than 3 days after the date of delivery and the Goods (if we so request) are returned to us transport paid (alternatively we may ask for the goods to be held for our inspection).
- Return of Goods (best ware)
We will not accept any return of Goods unless agreed specifically in writing in advance.
- Conditions, Warranties and Representations excluded
a) Seller gives only those express warranties set out in Condition 3 above and no other conditions. Warranties or representations (whether express or implied) are given, save as may be required to be given by Law. In particular, but without prejudice to the generality of the foregoing, the implied conditions as to the quality of the Goods shall be deemed to be satisfied after the expiration of 3 days from the delivery date (“Complaint Period”).
b) Seller shall not be liable to Buyer for any consequential loss or damage whatsoever resulting from defects in the Goods upon the said Complaint Period.
6. Delivery & Collection
a) Each order of the Goods shall be entitled to only one (1) complimentary delivery within the radius vicinity of 25 km from Kuala Lumpur Convention Centre (KLCC).
b) Delivery of all Goods will take place at the address filled in by the Buyer upon purchasing or as the Seller may indicate at such date as the Goods are put at Buyer's disposal. From that upon the said delivery date, liability for all risks relating to the Goods shall be borne by Buyer notwithstanding the provisions under Condition10 below.
c) Even if a firm date for delivery has been given, it is understood that delays caused by events beyond the Seller’s control including but not limited to strikes. Acts of God, riots, war, civil commotion, earthquake, fire, flood, tempest, lighting and the like shall not entitle the Buyer to repudiate the contract.
d) Where the Buyer does not collect or take delivery of the Goods when the same are due and ready for collection or deliver, the Seller shall, if its storage facilities permit, be entitled to store the Goods and take all reasonable steps to prevent deterioration of the Goods until the Buyer or the Buyer’s agent and/or representative collects or takes delivery of the Goods thereof and the Buyer shall pay to the Seller the reasonable storage costs of so doing. This condition is without prejudice to any other payment or damages for which the Buyer may be or become liable in respect of the Buyer’s failure to make collection or take delivery on the appropriate due date. The Seller reserves the right to invoice for the Goods at the original delivery or collection date.
- Prices for Goods and Carriage/Transport/Logistics
a) Unless otherwise stated, all prices for the Goods, shall be those in the Seller’s current price list from time to time.
b) “Special charges” shall only appear on invoices in the following circumstance:- If the Buyer or the Buyer’s agent and/or representative does not / fails to pick up / collect the Goods at the designated dropoff location within 10-15 minutes after the arrival of the Carrier, the Carrier shall have the right to leave the said location. The additional redelivery charges of the Goods (a minimum of RM30.00 imposed by the Carrier) shall be borned by the Buyer.
8. Payment
c) All prices and estimates are net cash against the invoice and are inclusive of Value Added Tax / Goods and Services Tax and other taxes except as hereinafter excepted and all prices quoted are subject to alteration without notice or agreement and orders are only accepted at the price ruling at the date of dispatch.
9. Cancellation
Buyer may not without Seller's prior written consent cancel any order already accepted by the Seller or any part thereof. The order is considered accepted when the payment is made.
10. Jurisdiction and Governing LawThis contract shall be governed by and construed in accordance with the Laws of Malaysia and the parties hereby submit to the non-exclusive jurisdiction of the Courts of Malaya.
11. Divisibility Clause
This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other installment.