ALUMINIUM COMPANY OF MALAYSIA BERHAD acknowledges with thanks the receipt of your order which has been duly entered as shown on the front hereof. If there is any error in the entry, please notify us immediately in any case not later than 7 days from the date of the order, otherwise we shall assume that you have accepted that the order is correctly entered and that the fulfilment of the order will be subject to the following standard Conditions of Sale
Conditions of Sale
- Unless expressly accepted in writing by the Seller, any qualification of these conditions by the Buyer, in any written or printed documents, or otherwise, shall be inapplicable.
- The Buyer shall not have any right, for any reason whatsoever to cancel this order, either in whole or in part, except with the written consent of the Seller.
- Any time or date quoted by the Seller for the delivery is given and intended as an estimate only. The Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery, nor shall such delay entitle the Buyer to cancel or repudiate the order or reject any delivery.
- The Seller shall not be liable for any delay in the fulfilment of or failure to fulfil this order for any cause reasonably within the control of the Seller. If by reason of any such cause not within their control, supplies of the raw materials (including electric energy) used in the manufacture of the goods covered by this order, are curtailed or cut off or are inadequate to meet their usual needs, the Seller’s obligation during such period of curtailment or cessation or inadequate supply shall also be reduced to such an extent as in considered necessary. In the event of any such contingencies as referred to above arising, the period of duration of such cause so affecting delivery shall be added to the originally stated delivery period any every date of delivery shall be correspondingly postponed or the Seller if they consider it necessary may be entitled to cancel this contract without payment of any compensation to the Buyer.
- Quantities specified in this order apply to the number of pieces/weight in kilograms and the corresponding weight/number of pieces are approximate only and are not guaranteed. Normal quantity tolerances are therefore applicable on such number of pieces/weight, the Buyer being responsible for the actual production which is ±10% on such quantity.
Claims for Short Weight/Defective Goods
- No claim for short weight and/or defective goods shall be entertained by the Seller unless they shall be notified thereof immediately upon delivery. The goods in respect of which any such claim is made shall be preserved intact as delivered, for a period of 14 days within which time the Seller shall have the right to attend and see the complete delivery re-weighed or inspected. Any breach of this condition shall disentitle the Buyer to any allowance for such alleged short weight or defect in the goods.
- The Seller shall not be liable to make good any expenditure, damage and or loss arising out of any defect in the goods delivered pursuant to this order, however such expenditure damage or loss may arise. The Seller’s liability shall be strictly limited to replacement of any defective goods, after such defective goods have been returned, of to their value already paid by the Buyer to the Seller
i) Payment shall be made in accordance with that stated after the words “Payment Terms” in the order and the invoice. The time herebefore mentioned within which the Buyer is to pay for the said goods shall be of essence of the contract.
ii) Should default be made by the Buyer in paying any sums due under previous order or contract the Seller shall have the right to suspend all further deliveries in respect of this order until the default is made good or to cancel this order in respect of any goods which remain to be delivered, but such suspension or cancellation shall be without prejudice to the Seller’s right to claim all payments due and expenses incurred under this order.
iii) In any case of the Buyer failing to pay in accordance with the foregoing stipulations, the Buyer shall be liable to interest charges at the rate of 18% per annum of the amount outstanding and due to the Seller.
iv) No changes on our sales terms & condition or bank account will be effective without signed verification sent, followed by a postal hard copy.
- The material supplied against this order will be invoiced at the prices prevailing at the time of completion of the material. The prices specified herein are also subject to change in the event of any increase prior to delivery, in the cost of raw material, labour, transport, existing customs duties, taxes or other incidentals affecting the ultimates cost of materials used in the completion of this contract, whether imposed on the Seller or others, which may increase the Seller’s costs, and the Buyer agrees to make good to the Seller the amount of such increase. The Buyer shall pay all duties or other burdens imposed by the country, state and/or municipality or destination.
i) If, for reasons including cancellation of import licenses already granted, the Buyer cancels or fails to take delivery of the goods specified in this order, the Seller shall be entitled to recover from the Buyer all expense incurred in the execution of same and all damages resulting from such failure. In this event any of the Buyer’s money which may be in the hands of Seller for the purpose of this order, shall be forfeited as liquidate damages to the extent of such expenses and/or damages.
ii). If due to any act of default of the Buyer the contract herein shall not be completed and paid as provided hereto, the Seller shall be entitled to declare this contract at an end thereupon this contract shall cease to be any force or effect and sum of monies so paid by the Buyer to the Seller as deposit shall forthwith be forfeited.
Infringement of Proprietary Rights
- The Buyer warrants that neither the manufacture by the Seller nor the use or sale by the Buyer of the goods shall be an infringement of any patent, trademark, registered design, copyright or other industrial property rights in the goods or the design thereof and the Buyer shall indemnify the Seller against any claims, suits, actions, demands of costs which the Seller may incur or become liable in the consequence of any breach of this warranty by the Buyer.
- The indemnify and keep indemnified the Seller against all actions, proceedings, claims, costs damages and expenses whatsoever which may be levied, brought or made against the Seller directly or indirectly or which the Seller may pay, sustain, or incur by reason or any act, default, neglect, error or omission of the Buyer.
- If any dispute arises in connection with this contract it shall be submitted to arbitration, one arbitrator to be appointed by the Buyer and one by the Seller, and in the event of these arbitrators not agreeing an umpire shall be appointed. The unanimous decision of the two arbitrators of the decision of umpire shall be binding on both parties.
- The Conditions of Sale shall be subject to the Laws of Malaysia.