Terms & Conditions
General Terms and conditions of Sales (“T & C”)
1] Definitions of terms wherever they appear in this document
“Seller”
means Cew Sin Plastic Pipe Sdn Bhd [199201011807(243310-M)], a company incorporated in Malaysia
“Buyer“
means a person, firm or company who has ordered and been supplied with the goods or services from Seller pursuant to these general terms and conditions ('T&C') and the terms and conditions of any credit application, purchase order and delivery order, whichever applicable
“Buyer's Order”
means the request to be supplied with any orders and services made by any means of written communication from the Buyer to the Seller and the Seller’s acceptance of Buyer’s order of goods or services by using seller’s Confirmed Sales Order (COS) sent to Buyer as written acknowledgement of acceptance of the Buyer’s orders. Oral orders will not be entertained.
“Conditions”
means these terms and conditions (T&C) together with any special conditions that are agreed in writing between Seller and Buyer and stipulated in sales and delivery related documents
“Contract”
means the buyer’s order, the delivery order and the invoices which collectively forms the contract between the Seller and Buyer for the sales of goods and services
“Goods”
means any goods and services which the Seller agrees to supply to the Buyer pursuant to these T & C and availability of the stock of the goods ordered
“Order Acknowledgement”
means the Seller’s written confirmation and acceptance of the Buyer’s Order by using seller’s Confirmed Sales Order
“Party”
means the Seller or Buyer, and “Parties” means both the seller and Buyer collectively
“Partial Delivery”
means delivery of part of the quantity ordered by the Buyer’s Order
“Authorized Agent “
means an individual person, firm or company who is expressly authorized by the Buyer to receive and acknowledge receipt of goods ordered on behalf of the Buyer.
“Delivery address”
means the address in the Buyers Order that is instructed by the Buyer for the goods and/ or services to be delivered to a designated address as instructed.
2] Quotation and Order
- These T & C apply to the Seller’s offers, quotations and agreements relating to sales of goods to the Buyer. Any other terms and conditions proposed by the Buyers will be expressly excluded and not binding unless mutually agreed by both parties in written form. The Seller has the absolute right to amend to any part of these T&C without prior notice to the Buyer
- No Buyer’s order is valid until the Seller sends a COS as acknowledgement to the acceptance of the Buyer Order. Cancellation of Buyer’s Order at any time is not allowed after acceptance of order by the Seller unless is accepted by Seller in writing at the Seller’s sole and absolute discretion.
- The description and specifications of goods are listed out in Seller’s current Product Brochures or websiteand other sales materials. The Buyer hereby understands that the description of goods listed out areissued or published may not be accurate and /or precise and/ or available and the publication of the salesmaterials are for giving the Buyer an indication of the approximate specifications of the goods only. TheSeller reserves the right to change description and specifications of goods in the Sales Materials at anytime at its sole and absolute discretion
3] Delivery of Goods
- Delivery of goods shall be made to address stated or instructed in the Buyer’s Order. Any change to the stated delivery address in Buyers Order shall be mutually agreed and communicated to Seller in written form in a timely manner and the Borrower shall bear the costs to re delivering the goods ready delivered to the requested address to the changed delivery address, if possible.
- The estimated Delivery date proposed by Seller is only an estimate and if for any reason the goods and services are not able to be delivered on date proposed, any early or late delivery shall not be used by the Buyer as reason to cancel the order and the Seller shall not be responsible for any costs incurred or loss caused by late delivery of goods.
- The goods shall be deemed to have delivered to Buyer or its Authorized Agent to the designated address as instructed and the Buyer or its Authorized Agent shall acknowledge receipt of goods delivered. The acknowledgement is conclusive evidence that goods which are specified in the delivery order have been delivered and accepted as ordered by Buyer.
- It is the responsibility of the Buyer or its Authorized Agent to inspect the quantity and quality of goods on arrival of goods at address stated in Delivery order. Any discrepancy should be notified to within 7 days from date of Delivery, any claims for the discrepancy as to the quality and/or the quantity of the goods and/ or services will be rejected by the Seller if received after the stipulated 7 days.
- Unless stated otherwise in writing, both parties agreed that partial delivery is acceptable.
- All deliveries of goods made on credit terms are subject to credit approval and each delivery is treated as a separate transaction and the Seller reserves the right to suspend the credit terms offered and any delivery on credit if in sole judgement of Seller that the Buyer’s financial position is or is becoming unsatisfactory.
4] Risk and Ownership of Goods
- The risk of goods shall pass to the Buyer on date of delivery at the delivery address by the Buyer or the Authorised Agent of the Buyer.
- Ownership of the goods shall not pass to the Buyer until full payment of the goods is received by the Seller
5] Price
- All prices quoted by the Seller exclude government taxes, fees or charges;
- The Buyer shall be liable to pay the existing government taxes and other government charges and reimburse the Seller for any such payments advanced by the Seller;
- All prices quoted by the Seller will be valid for 14 calendar days from date of the quote and any information in the quotation shall not be binding on both parties until the Seller issue a COS to Buyer to acknowledge the acceptance of Buyer’s Order
6] Payment
- The Buyer shall make payment in accordance with the payment terms granted by the Seller.
- The Buyer shall make full payments as per the invoice without unilaterally making any deductions by way of set-off, Counterclaim, payment Discounts unless consented to by the Seller in writing.
- If the Buyer fails to pay Seller any outstanding amount by the due date, the Seller reserves the right to impose an overdue interest of 1.5 % per month on the overdue amount until full settlement.
- Without prejudice to the seller’s other rights or remedies, the Seller is entitled to immediately suspend the delivery of goods or terminate the contract until any default in payment is made good. The Seller is not responsible for any losses that may be suffered during the suspension period.
7] Liability
- The Seller’s liability in respect of defective goods due to manufacturing defect is limited to replacement of the defective goods or the credit for the cost of defective goods thereof.
- The Seller shall not be liable for any loss or damage suffered by the Buyer and/ or any third parties relating to any manufacturing defects of the goods. The Seller shall also not be liable for any claims made by the Buyer and/ or any third parties as a result of poor or inadequate pipe storing, handling and installation.
8] Force Majeure
- The Seller will not be responsible for any loss or damage suffered by the Buyer and/or any third party due to its failure to perform under this contract when its failure results from events beyond its reasonable control (events of “force Majeure”) including without limitation, acts of God, war, riots, civil commotion, flood, epidemic, labour strikes, pandemic and any governmental lock down or disputes etc.
9] Governing Law
- This contract shall be governed and construed in accordance with the law of Malaysia.
- These T&C are not exhaustive and are subject to change at the Seller’s sole discretion.