General: Any circumstances of any kind whatsoever beyond the control of the sellers interfering with the production, delivery of transit of the goods sold or any part thereof shall release the sellers from responsibility for the whole or part of the contract and the buyers shall have no claim for damages in respect thereof. Any such delay as aforesaid shall not invalidate the contract or any part thereof still to be fulfilled. No claim shall lie against the sellers in respect of any loss suffered by the buyers.

Quotations: All quotations given are subject to withdrawal or variation at any time prior to acceptance of buyers’ order. No orders given on the seller’s quotation shall be binding on the sellers until accepted by the sellers in writing.

Deliveries: Dates given for delivery, are approximate only. The delivery of one installment delivered under this contract shall be considered as a separate contract. Default in delivery of any installment shall not enable the buyer to treat the contract as repudiated. Any goods not taken by the buyer during the continuance of this contract as herein specified may be sold by the sellers for the accounts of the buyer. Delivery must be taken within 7 days of the issue of a delivery order or written advice of arrival, otherwise the buyer will become liable for storage charge. All payment for goods to be delivered in installment to be made on due date otherwise the sellers may at their discretion refuse to deliver further installment until suck payments be made. Buyer must inspect the goods before applying for a delivery order. After acceptance of a delivery order by the buyers they will be deemed to have accepted the goods. We will impose a minimum cancellation fees of 30% for truck/crane & 20% for Barge or according to the actual cost incurred in the deployment, whether the truck/crane/barge has reach the origin pick up point or half way through, whichever is higher.

Risk : The risk of loss breakage damage to or deterioration of the goods from whatsoever cause arising dispatch thereof from the sellers’ place of business or premises shall be borne by the buyers notwithstanding that such loss breakage damage or deterioration may result from defective packing or from any other act or default on the part of the seller.

Insurance: Goods carried by seller at buyer’s own risk, the seller is not responsible for any loss and damage owing to accidents and circumstances beyond the seller’s control. It is the buyer’s responsible to take up own insurance for all goods transit.

Guarantees: No guarantee is given by the seller in respect of the goods or service specified in this contract unless such guarantee is added as a special condition hereto, and any guarantee so given is limited to repair of such parts as sellers consider necessary. Any part subject to wear & tear is generally excluded from any guarantee. It shall not apply to loss of food or contents of the equipment due to failure for any reasons.

Sellers are able to demand cash before delivery: The contract is subject to strict adherence by the buyers to all terms of payment. The sellers shall have the right to demand cash before delivery notwithstanding any agreement to the contrary.

Inspection: The buyers shall inspect the goods immediately on the arrival thereof and shall within 3 days from such inspection give notice to the sellers of any matter or things by reason whereof they may allege that the goods are not in accordance with the contract specifying the matter of thing in question. If the buyers shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the buyers shall be bound to accept the goods.

Storage: orders not picked up in 30 days will be assessed with a storage fee equal to 10% of purchase price per month. No returns are allowed on this purchase.

Specification: The seller does not however warrant that all goods produced will comply exactly with the specification in every respect and the buyer agrees to accept the goods provided that variations from the specification do not exceed reasonable commercial limits. The seller shall have the right to make any alteration or improvement in the design or specification of the goods which will improve the performance of the goods without altering their basic structure or design.

Implied Condition: No statement or representations shall affect the construction of the contract for the sale of the goods unless such statements or representations are in writing signed by the party to be charged. Neither the said contract nor the goods the subject thereof shall be subject to any conditions or warranties express or implied statutory or otherwise except such as are in writing signed as aforesaid. The sellers do not warrant the goods to comply with any description or sample which may have been given nor do they give any warranty of fitness for any purpose or give any other warranty whatever.

Description: The description herein before given of the goods has been given by way of identification thereof only and the use of such description shall not constitute this contract a sole by description.

Late Payment: For overdue payments the sellers shall have the right to invoice the buyers for interest on the outstanding balance at the rate 1.5% per month and the buyers agree to pay such interest charges.

Lien: Notwithstanding that credit has been given for the payment of the price of the goods, the sellers shall be entitled to retain possession thereof until payment. In addition to any right of lien to which they may be law be entitled the sellers shall have a general lien upon all goods, money or other property of whatever kind belonging to the buyers as may be in the sellers possession (although such goods or property or some or part of them may have been paid for) for the unpaid price of any other goods sold and delivered to the buyers by the sellers under the same or any other contract.

Perishable: if the goods covered by this contract consist if any goods of a perishable nature sellers will use every endeavor to select any ship goods of the quality specified but shall not be responsible for the conditions of the goods on arrival.

If the seller contracts as a principal, their agents are not accountable for the sale:

• This contract is subject to confirmation and acceptance by manufacturers or
• The sellers contract as agents and are not to be bound under these conditions but notwithstanding this condition or the other conditions here appearing the sellers reserve to themselves the right to institute any action against the buyers under the contract of which these conditions form a part as though the sellers were principals should the sellers deem it necessary of expedient so to
• The buyers shall be entitled to the benefits of but subject to the conditions of sale of the actual manufacturers or supplier of the goods including all manufacturer’s guarantees so far as the latter conditions are not inconsistent with the above conditions.

Patent: Where the seller has followed a design or instruction furnished or given by the buyer, the buyer shall indemnify the seller against all damages, penalties, costs and expenses to which the seller may become liable through any work required to be done in accordance with those instructions involving on infringement of a Patent Trade mark Registered Design Copy right or Common Law right.

Waiver: Failure by the seller to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof of any rights the breach of any term or condition.

Custom Indent Term: By confirming the order, the buyer agrees & accepting to the custom indent order term of which any deposit and/or payment and/or the said Custom Indent order goods are unconditionally binding on the policy of no returnable, no exchangeable, no refundable. Storage charges applied as above mentioned.

Deposits: Any deposit paid by the Buyers to Sellers is to be counted as a portion of the payment when the Buyers have fulfilled their parts, but should the Buyers fail to fulfin the same, then the deposit money is to be forfeited to the Sellers as compensation for losses or damages arising therefrom. If the deposit is not sufficient to cover the damages, the Sellers may claim further compensation.

SST and Import Duty: Price quoted on equipment is exclusive of SST and Import Duty. In the event whereby Malaysia government imposes SST and Import Duty, then customer is required to pay the additional cost incurred.

Variation: Any variation to the terms herein to be valid must be made in writing to the sellers and the sellers consent to the said variation must also be given in writing