General Terms and conditions of sales (“T & C”)

1] Definitions
“Seller” is Cew Sin Plastic Pipe Sdn Bhd [199201011807(243310-M)], a company incorporated in Malaysia

“Buyer“ means a person, firm or company who purchases goods or services from Seller pursuant to these general terms and conditions (“T&C”)

“Buyer‘s Order” means orders and services made by any means of 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) send to Buyer as written acknowledgement of acceptance of the Buyer’s orders.

“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 any 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

“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

“Authorized Person or Recipient “means an individual person, firm or company who is authorized by the Buyer to receive and acknowledge receipt of goods ordered and delivered to a designated address as instructed and stated in the Delivery order.

2] Quotation and Order
(a) 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 T&C without prior notice to the Buyer

(b) No Buyer’s order is valid until the Seller sends a COS as acknowledgement to the acceptance of the Buyer orders.
Subsequent to this, the contract between both parties will only come into existence.
Cancellation of Buyer’s order at any time is not allowed after acceptance of order by the Seller and creation of Contract unless is accepted by seller in writing.

(c) The description and specifications of goods is listed out in Seller’s Product Brochures or website and other sales materials. The Buyer hereby acknowledges and agrees that description of goods listed out are issued or published for giving the Buyer an approximate idea of the goods only. The seller reserves the right to change description and specifications of goods in the Sales Materials

3] Delivery of Goods
(a) Delivery of goods shall be made to address stated or instructed on 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.
Delivery date proposed by Seller is only an estimate and not delivered on date proposed shall not be used by the Buyer as reason to cancel the order and the Seller shall not be responsible for any loss caused by late delivery of goods.

(b) The goods shall be deemed to have delivered to Buyer or its Authorized Person or Recipient on behalf of Authorized person to a designated address as instructed and stated in the Buyer’s order and acknowledged receipt of goods delivered is in order by Buyer or its Authorized person or Recipient on behalf of Authorized Person. It is conclusive evidence that goods have been delivered and accepted as ordered by Buyer.

c) It is the responsibility of the Buyer or its Authorized person or Recipient on behalf of Authorized Person to inspect the quantity and quality of goods on arrival of goods at address stated in Delivery order.
Any discrepancy should notify the Seller within 7 days from date of Delivery

(d) Unless stated otherwise in writing, both parties agreed that partial delivery is acceptable

(e) All deliveries of goods are subject to credit approval and each delivery is treated as separate transaction and the seller reserve the right to suspend the delivery if in sole judgement of Seller that the Buyer’s financial position is becoming unsatisfactory.

4] Risk and Ownership of Goods
(a)The risk of goods shall pass to the Buyer on date of delivered and acceptance at the address stated in the Delivery order by Buyer or its Authorized Person or Recipient on behalf of Authorized Person unless notification of the discrepancy is made in accordance with clause 3(c)

(b) Ownership of the goods shall not pass to the Buyer until full payment of the goods is received by the Seller

5] Price
(a) All prices quoted by the seller are net excludes government taxes, fees or charges

(b) Buyer shall be liable to pay the existing government taxes and other government charges to seller

(c) All prices quoted by the Seller will be valid for 14 calendar days from date of issue and 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
(a) The Buyer shall make payment in according to payment term granted by the seller.

(b) The Buyer shall make full payments without deductions by way of set-off, Counterclaim, payment Discounts unless with the consent of the Seller.

(c) 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.

(d) Without prejudice to the seller’s other rights or remedies available and without liability to the Buyer due to suspension of delivery of goods, the Seller is entitled to immediately suspend the delivery of goods or terminate the contract until default in payment is made good.

7] Liability
(a) 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.

(b) No liability is accepted by Seller for defective goods proved to be directly or indirectly caused by Buyer or third parties in their pipe storing, handling and installation and not due to product manufacturing defects caused by Seller.

8] Force Majeure
Seller will not be responsible for 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 or disputes etc.

9] Governing Law
This contract shall be governed and construed in accordance with the law of Malaysia