1. In these Conditions:
1. “Contract” means the contract for the purchase and sale of the Goods.
2. “Customers” means the person who accepts a quotation / sales offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
3. “Goods” means the goods, products and/ or merchandise (including any installment of the goods or any parts for them) which the Seller, TMT is to supply in accordance with these Conditions.
4. “TMT” means Thunder Match Technology Sdn. Bhd. presently of H-G-5 & H-G-6 Lorong Mahir 9 Connaught Avenue, Taman Bukit Cheras, 56000 Kuala Lumpur and trading under the name of “TMT”
2. The terms and conditions set out in the tax invoice (the “Invoice”) (the invoice and the terms and conditions herein being collectively known as the “Conditions”) form the entire agreement between TMT and the customer and all terms or conditions expressed or implied by law as owing by TMT are excluded, but without prejudice to the rights of TMT at common law or equity. Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by TMT.
3. The goods shall be inspected by the customer immediately upon payment at the counter. If the goods are considered by the customer to have been defected or damaged, TMT must be notified contemporaneously accompanied by receipt of the goods by the customer failing which TMT shall not be liable for any claim, of any nature whatsoever, in respect thereof.
1. The provisions of clause 3 shall not apply to any goods designated by TMT as being “demo unit” and/or goods that are on “special offer” or “sale” (or any other term used by TMT to indicate that the goods are being sold at a price that is less than the price which TMT would typical sell that good or similar goods) (all such goods being referred to as the “Clearance Goods”). All Clearance Goods shall be inspected immediately prior to the Invoice being issued and the issuance of the Invoice to the customer and the acceptance thereof by the customer shall be deemed by TMT that the customer has inspected the Clearance Goods and has determined that the Clearance Goods are undamaged, in good working order and otherwise in a satisfactory and acceptable condition.
4. Notwithstanding anything to the contrary, property and title in the goods remains with TMT and property and title will not pass to customer until receipt of full payment for the goods in cash or by way of cleared funds.
5. All goods, are sold on an “as-is” basis with risk passing to the customer when the goods leave the warehouse or premises where they have been stored by TMT. The goods may be packed and/or-prepared for delivery and will be delivered all at the expense of the customer to the place(s) (within the geographical region of Malaysia) specified by the customer provided access is reasonable in the opinion of TMT. TMT and the customer shall agree that the time of delivery (provided by courier services) should be reasonable and TMT will not be responsible with the delay by courier services.
6. TMT shall not be liable for any losses, damages or expenses sustained by customer or any other person in consequence of any delay in delivery of the goods (by courier services) for any reason whatsoever if such delivery is delayed at the request of the customer or owing to the customer’s inability to accept the goods for any reason or by reason of a lack of reasonable access to the above said places specified by the customer or owing to some other cause beyond the control of TMT (and courier service) but where TMT is nevertheless able to deliver the same, then the customer shall be liable for all extra charges, losses or expenses incurred by TMT. If delivery (by courier services) is delayed as aforesaid, the customer shall not be entitled to cancel or repudiate any contract for the purchase of the goods or any other goods from TMT by such reason thereof.
7. The contract price for the goods, shall be stated in the invoice. Any Goods and Services Tax (GST) or Sales Services Tax (SST) (if applicable) shall be borne by the customer. All payments shall be in Ringgit Malaysia (RM) and payment shall be made in the manner specified in the invoice.
8. All goods listed in the invoice are considered sold, it is neither refundable nor returnable.
9. Cancellation fee of 20% on the goods price will be imposed for any cancellation of goods sold.
10. It is hereby agreed that if the customer should in its part fail to observe or comply with any of the terms herein contained, any deposit, advance payment and/or pre-payment for or in respect of the goods shall be forfeited to TMT and TMT shall be at liberty (on its own account) to sell or otherwise deal with or dispose of the goods in such manner as it may deem fit. Any deficiency in price that may result in and all expenses attending a resale or attempted resale in respect thereof shall be made good and paid by the customer and recoverable by TMT. Any increase of price on a resale shall belong to TMT.
11. TMT will not be held responsible for any data lost during warranty process, data backup is required before proceed with warranty process.
12. TMT shall in no circumstances be under any liability for injuries, expenses, damages or consequential loss that may in any degree be attributed to the materials used in relation to the goods or its manufacture in respect thereof or the design of the goods. Any liability for breach of a condition or warranty whether implied by law or otherwise is limited in the case of goods to any one of the following:
1. The repair or replacement of the goods or the supply of equivalent goods; or
2. The payment of the cost of repair or replacement of the goods or of acquiring equivalent goods.
13. The laws of the Malaysia shall govern and apply to the interpretation of the Conditions and to any Contract.
14. The customer irrevocably agrees that the courts of Malaysia are to have jurisdiction to settle any claim or dispute which may arise out of or in connection with the Conditions or any Contract and hereby submits to the jurisdiction of those courts.
15. In the event that any of these terms and conditions are held to be violation of any applicable law, such term shall be deemed to be deleted from these terms and conditions and the relevant Contract shall remain in full force and effect as if such provisions had not originally been contained herein. TMT and the customer shall negotiate in good faith to agree on the terms of a mutually acceptable and satisfactory alternative provision in place of the provision deleted pursuant thereto.
· For Back-to-Back Purchase Order, customers are required to make a 30% payment as deposit of the selling price of goods.
· Upon 90 days of stocks arrival to TMT, customers are required to collect and make full payment of the selling goods.
· Deposit paid shall be forfeited if customer failed to collect and make payment as agreed date (90 days upon stocks arrival).