These General Terms and Conditions of Sale apply to all sales of goods by our Company. Orders are accepted subject to the following terms and conditions and the placing of an order with our Company is to be deemed acceptance of such terms and conditions by the Buyer. No variation, modification or substitution for such terms and conditions shall be binding and no such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless expressly confirmed and accepted by our Company in writing.
Our Company reserves the right to change these General Terms and Conditions of Sale at any time by giving one-month notice of any changes by posting a notice and the revised version on our website/s: www.engtexgroup.com.my and/or www.engtex.com.my.
2. QUOTATIONS
Quotations do not constitute an offer by our Company to supply the goods referred therein and no order placed in response to a quotation will be binding upon our Company unless accepted by us in writing. The acceptance of this order is made subject to our availability of stocks or the ability to secure the goods from our suppliers/manufacturers and to final acceptance by the Buyer.
3. TERMS OF PAYMENTS
It is a condition of this quotation that the Buyer strictly adheres to the terms of payment. In the event the buyer fails to pay at the times and in the manner stated herein under payment terms, the seller reserves the right, without prejudice to any right under this agreement or at common law, to levy interest at 1.5% per month to run before any Court judgement as well as interest charges awarded by the Court for unpaid sum after any judgement until full settlement.
Our Company reserves the right to stop delivery in default of payment.
4. DELIVERY
Delivery will be subject to stock availability. Every delivery date given is approximate only and no liability can be accepted for any loss, injury, damages or expenses consequent upon any delay in delivery from any cause whatsoever.
Unless mutually agreed upon by both parties in writing any such delay shall not entitle the customer to cancel any order or to refuse acceptance delivery at any time.
If the Buyer requests our Company to deliver the goods to the Buyer's agents or representatives, our Company shall not be liable for any damage or loss whilst the goods are in the custody of such agents or representatives.
For specific orders of imported goods, we require a minimum of 120 days from the date of confirmation order for the delivery of goods which delivery shall be made within 30 days upon the expiry of the 120 days. If owing to industrial disputes, delays in shipment, delays caused by customs strikes, port congestions, or customs clearance for any causes outside the seller's control, the seller is unable to deliver the goods within the time specified then provided that the seller shall have given the buyer notice of such delay the buyer shall grant the seller such extension of time as may be reasonable in the circumstances.
After the expiry of the 30 days lead time is given to us per the delivery schedule submitted as stated on your Purchase Order, we shall bill you accordingly and payment need to be settled accordingly as stated.
For the undelivered goods, we can provide warehousing and we will charge you according to the market price and all other relevant charges including interest charges calculated at 1.5% per month on any amount remaining unpaid for the undelivered goods.
5. ACCEPTANCE
The buyer shall inspect the said goods immediately upon arrival thereof at the Buyer's store/site and shall within five (5) days from such inspection give notice in writing to the seller of any matter or thing by reason whereof the buyer alleges that the goods are defective of the goods as represented.
If the buyer fails to give such notice the said goods shall deem to be in all respects in good and merchantable quality and the buyer shall be bound to accept and pay for the same accordingly.
6. UNLOADING
The above quotation excludes any kind of unloading. The buyer shall be responsible for unloading at the point of delivery.
7. TIME OF THE ESSENCE
Time wherever mentioned shall be of the essence of this agreement and in particulars the time herein before mentioned of the essence of this agreement.
8. EXCLUSION OF WARRANTIES
Warranties, if any, are provided by our manufacturers or our suppliers. Our Company itself do not warrant the quality, fitness, description or packing of the goods nor do they give the Buyer any other form of warranty whatsoever, whether the purpose is known to us or not and all express or implied warranties and conditions statutory or otherwise are expressly excluded nor shall our Company be liable for any loss or consequential damage.
In the event of any defect in any goods supplied by our Company due to faulty material or workmanship, our Company will refer to our Manufacturer of the said product for rectification or replacement, if we and our manufacturer are satisfied that such a defect is due to faulty material or workmanship.
Notice of such defect must be given in writing to our Company within 5 days of delivery and the goods are returned carriage paid to our Company within 14 days thereafter but after the expiration of such period, all further liability on the part of our Company shall cease.
9. INCREASE IN PRICE
All imports or other duties, taxes, levies or other charges imposed by any Government or local legislative authority and/or any increase on the same ruling after the date of the order shall be for the Buyer's account. If the price of the goods to our Company shall be at any time before delivery be increased owing to variations in the cost of suppliers or manufacturers' labour and materials, statutory obligations, imports or other duties, rates of exchange, devaluation of currencies, freight, insurance or any other caused whatsoever, which is not within the control of the Seller, the such increased price shall be on the Buyer's account.
10. VALIDITY OF QUOTATION
Unless previously withdrawn, our quotation is valid for acceptance for the period stated therein or, when no period is stated, the quotation shall be subject to confirmation by our Company at the time of acceptance of the order based on the quotation or for 7 days from the date appearing on the quotation.
11. TITLE OF THE GOODS
The title of the goods (both legal and beneficial) shall remain vested in our Company until the full purchase price has been paid to us.
Notwithstanding that the title of the goods remains vested in us we shall be entitled to maintain an action for the purchase price of the goods.
If any of the goods are sold by the Buyer before the title in them was passed to the Buyer, the Buyer shall hold the proceeds of sale and all rights which the Buyer may have against the purchasers thereof in trust for us. Any monies so received by the Buyer shall be placed in a separate account to be readily identifiable as being in our beneficial ownership.
Our Company and our agents shall be entitled at any time to take possession of the goods wherein title remains vested in our Company and for that purpose may enter upon any premises where such goods are or are believed to be.
12. FORCE MAJEURE
Deliveries of goods may be totally or partially suspended by our Company during any period in which it may be prevented or hindered from obtaining, manufacturing, supplying or delivering the same through any circumstances beyond reasonable control owing to an Act of God, civil disturbance, requisitioning, Malaysian Government or Parliamentary restriction, prohibition or enactment of legislation of any kind import and export restrictions, strikes, lockouts trade dispute, difficulty in obtaining workmen or materials, breakdown of our plant or machinery or our manufacturer's plant or machinery, fire, accident or other causes whatsoever beyond our Company's control, our Company shall be a liberty to cancel or suspend the order or contract without incurring any liability for any loss or damage resulting thereon.
The Buyer may, during such period of total or partial suspension of delivery, give notice to our Company of its intention to do so, be at liberty to purchase elsewhere at its costs and risks such quantities of the said goods of which deliveries are suspended as may be required by the Buyer. Irrespective of whether the Buyer makes such arrangements as aforesaid our Company shall not be under any liability arising out of its failure to deliver in such circumstances nor the period of this order be extended.
