CONDITIONS OF SALE
"The Company" means FESTO SDN. BERHAD
"Order" means an order placed with the company for the supply of goods.
"Customer"means the person, firm or company from whom an Order is received.
"Goods" means the articles, items or things or any of them described in an Order.
"Contract" means the contract constituted by any Order and its acceptance.
2. Orders, Acceptance, and Contracts
(i) All Order, Acceptances.and Contracts are subject tothese Conditions and nothing is to vary or override them unless agreed to in writing signed on the Company's behalf. All other conditions and warranties whether expressed or implied by law or trade user are excluded.
(ii) In particular no terms or condition in any order given by any Customer which is inconsistent with these Conditions will apply.
(iii) All brochures, catalogues, manuals and other like material are issued by way of general description only and nothing contained therein nor any representation of whatever kind shall be binding upon the Company.
(i) Orders may be either by direct order at the prices stated inthe Company's current price list or on the basis of a quotation given by the Company.
(ii) Prices stated inthe Company's current price list are exclusive of the cost of packing and carriage. Small orders are subject to a minimum charge.
(iii) All orders are made subject to these Conditions of Sale.
(iv) All prices and Quotations are tendered without commitment and are subject to withdrawal or variation at any time prior to an Order being accepted by the Company.The Company reserves the right change the prices valid at the date of despatch.
(v) All quotations are made on the understanding that the whole of the quantity quoted for will be ordered; otherwise the Company reserves the right to revise the quotation.
4. Guarantee and limitation of liability
(i) Every effort is made to sure sound materialand good workmanshipbut the Company gives no warranty expressed orimplied of materials, workmanship, fitness of goods for any particular purpose whether such purpose be known to the Company or not.
(ii) FESTO willnot provide warranty for third party items (Non-FESTO Products) included in our transactions or sales, neither will it be held accountable for any damages incurred due to defects of these third party items. All warranty of third party items are covered by the respective brand manufacturers, principals or distributors.
(iii) Where materials or workmanship of FESTO Products is proved defective and to the satisfaction of the Company the goods will nevertheless be repaired or replaced free of charge (at the option of the Company) provided that the company has been notifiedin writing of the defects with the following time limits.
(a) where the Goods are used insingle-shift operations, within six calendar months of
the date of delivery.
(b) where the Goods are used in multi-shift operations, within three calendar months
(iv) Where the Company replaces any parts, the replaced parts become the property of the Company.
(v) The Company shall assume no liability for losses or damages incurred as a result of:
(a) Inappropriate of improper use or storage prior to commencement of operations.
(b) Incorrect assembly or repairs by the customer of third parties.
(c) Natural wear and tear,incorrect or careless treatment,unsuitable operation
(d) Unqualified construction work.
(e) Factors of a chemical,electrochemical or electrical nature beyondthe Company's
(vi) The Company shall not be liable for defects when the customer fails to provide the Company with sufficient time and the opportunity to carry outimprovements which the Company considers necessary and/or to arrange for a substitute delivery.
In urgent case involving risks for operational reliability and to preclude major damage, the customer shall be authorised to repair such damage himself or have it repaired by a third party and to claim reimbursement of the expenses involved therein. Such intention must be notified to and agreed to by the Company.
(vi) The Company's liability in respect of or consequent upon any such defects (whether in original or replacement goods) is limited as above mentioned and in no circumstances whatsoever will the Company be liable for loss of profit or other consequential damage howsoever caused.
5. Delivery and carriage charges
(i) The Company does not give any warranty as to rate or time of delivery and no mention of a rate or time of delivery in any Order,quotation or Acceptance is binding on the Company.
(ii) The Company does not accept responsibility for loss from package, damage, wrong delivery, discrepancies or short shipments unless a written complaint is made to the Company within seven days of receiving the consignment and unless the Company is given an opportunity of inspection.
(iii) The Company does not accept responsibility for loss of a whole consignment or any separate package forming part of the consignment unless a written complaint is made to the Company within 14 days of the date of the invoice relating to such consignment.
(iv) Unless delivery in one consignment is specifically requested, goods will be despatched as they become available, and each part delivery will be treated as separate contract and invoiced separately.
6. Title and Risk
The goods shall be at the risk of the Customer from the time of delivery. However, the Company shall remain the owners of the goods forming the subject of each delivery until such time as all payments referring to that delivery have been completed.The Customer shall neither sell, pledge, assign nor in any way part with possession of thegoods forming the subject of any delivery until such time as the Company has received payment thereof.
(i) Payment of the price shall be made within 30 days nett from the date of invoice unless the Company has agreed in writing to a variation of the terms notwithstanding that delivery of the goods or materials may be prevented or delayed by the Customer payment shall be made by the due date of all sums payable under the Order as if there had been no such prevention or delay.
(ii) The Company reserves the right to assess an interest charge on any invoice remaining unpaid for more than 30 days from the invoice date. If the company has agreed inwriting to grant the customer more than a 30 days payment period, interest will be charged as stated above on the first day the extended payment terms are exceeded.
(iii) If the Customer defaults making payment on the due date of any sum due to the Company on any account the Company may suspend deliver es (in which event the Customer will be liable for any damageloss or expense which the Company may thereby suffer) and if such default continues for seven days after written notice of the Company's intention to invoke the provisions of this Condition the Company may determinethe contract.
(iv)If the Customer commits an act of bankruptcy or being a company goes into liquidation (otherwise than a voluntary liquidation for the purposes of reconstruction) or has a Receiver appointed the Company may suspend deliveries and/or determine the contract.
(v) In the event of determination of the contract for any reason the Customer will be liable to pay forthwith for all work done and materials supplied and may also be liable in damages as for wrongful repudiation.
(vi) If goods are returned through no fault of the Company,the Company reserves the right to impose a handling charge.
8. Copyright, Patents, etc.
The Company retains copyrights, patents and right of legal protection of registered designs in its drawings, diagrams, documents and equipment, drawings. documents, etc, appended to quotations, or forwarded to customers are for their personal use only. They may be neither make copies (including extracts) nor make accessible to third parties without the Company's express consent.
(i) The Company will not be responsible for any failure to fulfil any term of this contract it fulfilment has been delayed,hindered or prevented by any circumstances whatsoever which is not within its control including strikes,lockouts, fire, explosion,any curtailment, failure or cessation of public utilities or services or of supply of the products from any of the Company's existing suppliers of any national, local port, transportation or other authority or any body or person purporting to be or act for such authority. The Customer after notifying the Company shall be free to purchase from other suppliers any deficiency caused by the operation of this Condition.
(ii) All contracts entered into by the Company shall be governed by Malaysian Law.
10. Health and Safety at Work
The Company undertake with the Customer that subject as hereinafter provided.
(i) It has carried out, arranged for the carrying out of, or relied upon the results of the carrying out by others of, such tests, examinations and research as are necessary for the purposes of discovering and so far as is reasonably practicable elimination or minimising any risks to safety or health to which any equipment that may be supplied by the Company ("the Equipment") may give rise,and that so far as is reasonably practicable such Equipmentis so designed and constructed as to be safe and without risks to health when properly used;
(ii) in so far as the Company is obliged hereunder to erect or install the Equipment in premises wherein it will be used at work the Company willso far as is reasonably practicable ensure that nothing about the way in which the Equipment is erected or installed will make it unsafe or a risk to health when properly used;
(iii)There will be provided to the Customer by the Company free of further charge adequate information:
(a) concerning the uses for which the Equipment has been designed and tested,
(b) concerning any requisites, precautions or conditions, whether general or
arising from particular circumstances of the intended user of the Equipment
known to the Company, which are necessary to ensure that when put to the
uses for which it was designed and tested the Equipment will be safe
and risks to health:
(1) That the Equipment shall not be taken to have been properly used
unless used with regard to such relevant information and advice relating
to its use shall already or hereafter have been made available to
the Customer by the Company; and
(2) That the obligations of the Company hereunder shall be reduced and
discharged to the extent that the Customer shall have undertaken in
writing before the contract date to take specified steps sufficient to
ensure so far as is reasonably practicable that the Equipment will be
safe and without risk to health when properly used; and
(3) That the Company shall under no obligation hereunder save in respect
of matters within the control of the Company.