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Terms and Conditions

Home Terms and Conditions

TERMS AND CONDITIONS OF SALE

UNIQUE FIRE INDUSTRY SDN BHD

(“THE COMPANY”)

  • All prices quoted or listed are subject to alterations without prior notice and ex-factory. All prices quoted are in Malaysian Ringgit (or “RM”), but the Company reserves the right to quote in other currencies. Unless otherwise specified, the prices quoted include Sales and Services Tax. The Purchaser shall bear and pay for any increase in freight or insurance rates, taxes, tariffs, all imports or other duties, or other Government charges imposed after the date of this contract and if the same has been paid in advance by the Company it shall be added to the contract price and paid by the Purchaser to the Company.

 

  • The Company reserves the right to revise payment terms as stated in the invoice. All payment shall be made according to this confirmation in writing or on terms as stated in this contract. Accounts which are not disputed and/or queried within FOURTEEN (14) days of receipt are deemed to be true and accurate. All overdue accounts shall be charged with interest at the rate of ONE POINT EIGHT PER CENTUM (1.8%) per month calculated from the expiry of the Payment Term until full payment and the Purchaser also agrees to capitalisation of the interest accrued thereon on a monthly basis. The Purchaser shall not be entitled to contra the accounts with properties whatsoever.

 

  • In the event the Purchaser defaults in paying any sum due under any order, the Company shall have the right either to suspend all further deliveries until the default is made good or to cancel the orders for any goods which have yet to be delivered.

 

  • Whilst the Company will use its best endeavour to comply with the estimated deliveries dates, the Company shall not be held liable for losses of any kind due to any delay in delivery or failure to deliver. (In the event of non-delivery, both carriers and the Company must be notified within FOURTEEN (14) days from the date of expected arrival, otherwise the Company shall be discharged from any liability whatsoever).

 

  • If the Purchaser shall for any reason whatsoever fail, neglect and/or refuse to accept the delivery of the goods within FOURTEEN (14) days upon receipt of advice from the Company to affect the delivery, the Purchaser shall pay to the Company the full amount of the goods ordered herein together with storage charges at the rate of ONE POINT FIVE PER CENTUM (1.5%) of the sales price per month calculated TWO (2) weeks from date of notification until acceptance of delivery. Nothing herein shall prejudice the rights of the Company to claim damages/costs for non-acceptance of the goods by the purchaser.  The Company shall not be responsible for damages, rust, oxidation or deterioration of the goods whilst stored by the Company or other parties.

 

  • The Company shall not be held responsible for any damage or loss of the goods in transit. Delivery orders shall be signed “Examined”. If there is any claim on damage, defect and/or shortage in the goods so delivered, the Company shall be notified within SEVEN (7) days of delivery of the goods PROVIDED that any such claim shall not be greater in amount than the actual invoice value of the said goods. The goods which are agreed to be defective by the Company in writing, shall be replaced or rectified to its original state if practicable, but it shall not form the subject of any claim for consequential loss, damage or expense. Any defects in the quality of the goods so delivered shall not be a ground for cancellation of the remainder of the contract.

 

  • The Company shall not be held liable either in contract or in tort for any loss, injury or damage arising or said to arise from the misuse of or any defects in the goods.

 

  • As the Company cannot exercise control over the handling storage, application or use of any goods so supplied, there shall be no implied or express condition and/or warranty as to the life or wear of the goods or that they are suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or condition may be known to the Company. The Company shall not be held liable for any loss, damage or injury howsoever arising therefrom.

 

  • The property in the goods shall not pass to the Purchaser until payment has been made in full to the Company, but from the time of delivery of the goods from the Company’s premises the risk of any loss or damage to the said goods shall pass to the Purchaser.

 

  • The Company shall not accept the return of any goods correctly supplied in accordance with the purchase order and duly acknowledged receipt after reasonable inspection by the Purchaser.

 

  • The Purchaser shall have to pay to the Company a minimum of THIRTY PER CENTUM (30 %) of the price as stated in the Sales Contract notwithstanding that the Purchaser cancels an order or decides to change a different model of the goods. If the purchaser cancels an order for such goods that are not customarily carried in stock by the Company, the Purchaser shall have to pay to the Company as liquidated damages equivalent to the Company’s published price for such completed goods or an equitable price based on the degree of processing of such goods which are under process at the time of cancellation.

 

  • If there is any change in the quantity of the goods so ordered, the Purchaser shall notify the Company in writing within THIRTY (30) days before the delivery date and any such change shall be subject to the agreement of the Company.

 

  • Notwithstanding that the Company’s products are shown in the Company’s catalogues, actual product samples or actual product for sale, the Company reserves the rights to alter the patterns, grains, shades colour and design of the Company’s products without prior notice and the Company shall not be liable for any claim whatsoever arising therefrom.

 

  • If the import and export of the goods is restricted or subject to any regulation, the order shall be executed after the necessary permits have been obtained and the regulation has been duly complied with.

 

  • Where the price specified herein provides for the absorption by the Company of the freight charges, either as a whole or in part, the Company shall have the right to select the means of transportation. If the Purchaser requires as means of transportation other than the selected by the Company, any extra costs incurred by reason of using such other means shall be paid by the Purchaser.
  • This contract shall in all respects be governed and construed in accordance with the laws of Malaysia. The Company and the Purchaser irrevocably submit to the jurisdiction of the courts of Malaysia in respect of any matter arising from this contract. 

 

  • The Company shall not be liable for any delay in performing this contract in the event of war, fire, flood, strike, labour trouble, accident, riot, acts of government authority, acts of God or contingencies beyond the control of the parties which interferes with the production, supply, transportation or consumption of the goods covered by this contract.

 

  • The Company warrants the sold products to be free from defects in material and workmanship under normal use and service. 

 

  • However, the said warranty shall exclude the followings:-
  • Where the product is damaged due to fair wear and tear, corrosion, rusting and/or stains;
  • Where the product is damaged during installation and/or when maintenance works are inconsistently being carried out and not in line with the applicable manuals as provided by our Company as the manufacturer of the product;
  • Where the product is damaged caused by improper usage, any modification, works of repair, tamper or alter, all without the authorization of our Company as the manufacturer of the product; and
  • Any damages or failures due to unforeseen circumstances, accidents or beyond the control of the Company. 

 

  • The Company’s obligation under this Warranty shall be limited to the replacement of any defective parts which shall be notified to the Company within Fourteen (14) days after delivery to the Purchaser PROVIDED THAT all such replacement shall only be carried out in our factory and/or plant unless otherwise specified in writing by the company. 

 

  • All products come with a thirty-six (36) months warranty, effective from the date of delivery of the said products to the Purchaser. 

 

  • This warranty, however, shall not be applicable if the defective part is not submitted to the Company for the purpose of inspection to determine the cause of such defect. Where the defect is due to incidental or consequential damages of any nature, this warranty shall not be applicable

 

  • It is further an essential term that under no circumstances that the Company shall be liable under any contract or tort laws, strict liability or otherwise, for any consequential losses arising from any incidental, whether direct or indirect. Such losses include not limited to any labour charges, regardless of whether the Company was informed about the possibility of such damages PROVIDED ALWAYS liability of the Company shall never exceed the sales price.

 

  • This warranty shall exclude all other warranties representations, expressed or implied, whether to the merchantable quality and/or fitness for the products’ purpose intended. No person, firm or corporation is authorised to assume for us any other liability in connection with the sales of the Company’s products.

 

  • The Company practices a strict “Return of products” policy. If there is any defect in the product(s), the Purchaser shall have to notify contactus@uniquefire.com within one (1) week from the date of delivery of the product(s) to the Purchaser.

 

  • The Purchaser needs to provide to the Company the information below:-
  • Purchase order no; and
  • Delivery order no; and
  • Pictures of the defective product(s); and
  • Such other information may be necessary for the Company to understand the defect complained of.

 

  • In the event that the Company decides that the product(s) is/are defective due to manufacturer’s defect and/or defective material, the Company shall repair or exchange the product(s) at no additional cost.

 

  • Delivery of exchange product(s) shall take such time as appropriate depending on the location of delivery of the Purchaser.

 

  • The Company does not allow any return of product(s) save and except the product(s) is/are defective. The company shall re deliver a replacement product at the cost of the company to the purchaser. However the Company does not entertain any request for exchanging of any product(s).

 

  • There shall be strictly no refund of any money under all circumstances.

 

  • The Company shall use reasonable endeavours to deliver Products to the delivery address specified and keyed in by the Purchaser but the Company cannot guarantee any specific delivery time and the Company shall not be liable for any delay in its delivery services where the delay has been due to causes beyond the control of the Company.

 

  • Your Order will be delivered to you via a third party service provider and/or a courier service company of our choice. Currently such delivery service is only extended to Malaysia and not beyond its boundaries. 

 

  • For any order placed before 12 noon, please allow a minimum of seven (7) working days for processing from the date of the Company’s confirmation of acceptance of an Order within Peninsular Malaysia unless otherwise notified by the Company. 

 

  • Please note that there shall NOT be any delivery to any address with P.O. Box particulars for it is not possible for such delivery. Where we are of the view that any delivery to any specific location is not possible, we may contact you to arrange for an alternate delivery address.

 

  • No delivery services shall be available on Sunday & public holidays in Malaysia.

 

  • The Purchaser is obliged to notify the Company immediately if there is any change in delivery address and/or contact number. Failure to do so may result in non-delivery and the Company shall accept no responsibility for such non delivery.

 

  • If the Purchaser is not personally available to accept delivery, you may appoint a representative to accept delivery on behalf of the Purchaser PROVIDED ALWAYS that the said representative must be over 18 years of age and is capable of receiving the delivery. 

 

  • The Purchaser or its representative may be required to produce proof of identity such as Identity Card and/or Passport at the time of delivery or collection of Products and all such delivery or collection shall be duly signed by the Purchaser or its representative on the delivery invoices and/or consignment notes.

 

  • If there is any reason that the Company has any doubts on the Purchaser on any issues related to credit worthiness and identification, the Company reserves all right to withhold any delivery of the Products to the Purchaser. In such an event the Company shall not be liable for any non-delivery.

 

  • The Company assumes no penalty or liability for delays in shipping due to fire, strikes, transportation, or circumstances beyond our control. Receipt of goods shall waive all claims of delay.



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