1. Availability Of Stock:

Goods ordered are subject to availability of stocks and may at the company‘s discretion be replaced with similar products.

2. Deposit:

Deposit paid is not refundable.

3. Price Variation:

The price quoted is subject to adjustment to the extent of any increase in import duty, surcharge or other Government charge/duties/tax on the goods to be sold or raw material components, which become effective after the date of this contract but before the delivery of the goods involved. Buyers who have already placed their orders for goods will not be entitled to benefit from any subsequent special offers or discounts given by the Company with respect to those similar goods.

4. Inspection Of Goods/Warranty Of Quality etc:

Showroom sets are sold at “AS IS CONDITION & BASIS”. A sample of the goods has been exhibited to and inspected by the buyer, and the buyer having so inspected the goods shall take the goods at his own risk as to their corresponding with the said sample or as to the quality, condition, suitability, fitness or sufficiency for any purpose. No Warranty, condition, description or representation on the part of the Company is or has been given or implied nor is any warranty, condition, description, or representation to be taken to have been given or implied from anything said or written in the negotiation between the buyer and the Company or by their respective representatives prior to the date hereof, whether in respect of the suitability, life or wear of the goods or otherwise.

All goods must be examined by the buyer on delivery, and the Company must be notified IMMEDIATELY of any defects or discrepancies or non-conformity otherwise, the goods shall be deemed in all respect to be in accordance with the contract herein and the buyer shall be bound to pay for such goods and not be entitled to terminate the order for any reasons whatsoever, nor shall the buyer be entitled to any claim to damages or compensation by reason of any defects, discrepancy or non-conformity of the goods with the buyer’s order.

5. Return Of Goods:

Goods sold and/or delivered are not refundable or exchangeable.

6. Effect Of Buyer’s Documents:

Any variation of the terms and conditions herein in any document of the buyer or by its agent shall not be effective or applicable unless and until accepted in writing by the Company.

7. Payment Terms:

Delivery of goods is subject to the buyer’s full payment of the price (unless credit terms have been granted by the Company at its discretion prior to delivery) and any additional storage, delivery and other charges payable hereunder. If payment is made by cheque, it should be made payable to “Interfal Comfort Sdn Bhd” and crossed “A/C Payee Only & Non-Negotiable”. All outstation cheques should include bank commission. The time herein mentioned within which the buyer is to pay for the goods of the Company shall be of essence of this contract.

8. Interest On Late Payment:

For any transactions with pre-approved credit terms, all balances must be fully settled within the credit period, otherwise interest at the rate of 1.5% per month calculated on a daily basis will be imposed on the overdue balances, commencing from the date of the relevant invoice until the date of full settlement.

9. Delivery Date:

The delivery date and time of every order for the goods are subject to re-confirmation and changes by the Company or its representatives.

10. Collection Of Goods:

All goods must be collected within one (1) month from the confirmed date of delivery, on the failure of which the Company reserves the right to dispose such item(s) as may deem fit and to forfeit all deposit.

11. Buyer’s Failure To Take Delivery:

If the buyer fails to take delivery at the confirmed delivery date and time, the buyer shall bear any additional delivery, storage or other ancillary charges incurred by the Company which shall be paid prior to or at the time of delivery of the goods.

12. Company’s Lien Over Unpaid Goods:

In addition to any right of lien which the Company may by law be entitled, the Company shall (in the event of the buyer’s insolvency) be entitled to a general lien on all goods of the buyer in the Company’s possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the buyer by the Company under the same or any other contract.

13. Passing Of Property:

On delivery, the property shall not pass to the buyer until the full price for the goods has been paid (ie in the case of payment by way of cheques and card, it will be considered as fully paid upon proper clearance of the said mode of payments by the respective financial institutions.) Where payment of the price for the goods is subject to credit terms, the Company shall be entitled to retain possession of the goods until full payment has been made by the buyer. The Company shall be entitled to forthwith cancel any sale or order by a written notice to the buyer and recover immediate possession of any goods (if the same have been delivered prior to such termination) in any of the following events :

a. If the buyer shall fail to make payment in accordance with the agreed terms; or
b. If any distress or execution shall be levied upon the buyer’s goods; or
c. If the buyer being an individual (or where the buyer is a firm or partnership, any partner of that firm or partnership) becomes bankrupt or shall have a receiving order made against him or shall make any composition or arrangement with or for the benefit of its creditors; or
d. If the buyer being a company enters into liquidation (voluntary or otherwise) or suffers a receiver or administrator to be appointed over its assets and undertakings.
14. Force Majeure:

The Company shall not be liable for non-fulfilment of or delayed performance of all or part of this order resulting from act of God, strikes, lock-outs, trade disputes, fire, flood, accidents, embargo, war, riots, breakdown of plant or other causes beyond the Company’s control or resulting from the imposition, repeal or change of laws or regulations (“Force Majeure”): If the Company’s performance is delayed by reason of Force Majeure for a cumulative period of more than three (3) months, the buyer may (but not otherwise) terminate the sale by giving notice in writing to the Company, whereupon the Parties’ respective liability shall be determined as follows:

a. He buyer’s sole liability will be for the payment of the price or such part of the price for all goods or instalments thereof already delivered prior to such termination; and
b. The Company’s sole liability is to refund any part of the price paid towards any goods remaining undelivered by reason of the Force Majeure. Unless the sale is terminated as aforesaid, the time for the Company’s delivery will be extended or be deemed to be extended for a period equal to the duration of Force Majeure.

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