Last Updated : 17th May, 2023
1. SCOPE OF APPLICABILITY
1.1 These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by us notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from customer. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.
1.2 We reserve the right to change these GTCS at any time. We will give customer thirty calendar days (30 days) notice of any changes by posting notice on our website.
2. OFFERS, PURCHASE ORDERS AND ORDER CONFIRMATIONS
2.1 All offers made by us are open for acceptance within 30 calendar days (1 month) from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the goods offered.
2.2 All purchase orders issued by customer shall specify as a minimum the type and quantity of goods requested, applicable unit prices, delivery place and requested delivery dates. No purchase order shall be binding on us unless and until confirmed by us in writing.
3. PRICES AND TERMS OF PAYMENT
3.1 All prices listed do not include taxes, impositions, or additional charges imposed by government authorities, such as sales, use, excise, value-added taxes, or similar fees where applicable.
3.2 Unless expressly stated otherwise in our order upon confirmation, payment for goods shall be made without offset or deduction.
3.3 We may at our sole discretion at any time change agreed payment terms without notice by requiring payment cash in advance or cash on delivery, bank guarantee, letter of credit or otherwise.
3.4 Title to goods delivered shall remain vested in us and shall not pass to customer until the goods have been paid for in full.
3.5 Customers are required to make advance payment from the overall purchase amount as per marketing team’s requirement.
3.6 Customers only able to check the price & get quotation for the goods they would like to purchase.
4. TERMS OF DELIVERY AND LATE DELIVERY
4.1 Unless expressly stated otherwise in our order confirmation, all deliveries of goods shall be Free on Board (FOB) in accordance with Incoterms 2010. The risk of loss of or damage to goods shall pass to customer in accordance with the agreed delivery term.
4.2 The delivery dates of goods will be updated upon confirmation and stock availability.
4.3 Delivery charges / Shipping charges is not included in the quotation, therefore customers need to liase with our Marketing Team for the further assistance.
5. ACCEPTANCE OF GOODS
5.1 Customers are responsible for inspecting the delivered goods upon receipt. Unless written notice of damage, specifying the reasons for damage, is received by us within seven calendar days after delivery, customers will be deemed to have accepted the goods in good condition.
6. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
6.1 Any goods delivered under this agreement are found to infringe upon a third party’s patent, utility model, design, trademark, or other intellectual property right, resulting in the customer being prohibited from using said goods, the following policy shall apply,
(1)Ownership of the Trademark GAUDI DECOR in Malaysia rests with MIHASI ENTERPRISE (M) SDN.BHD.
(2)It is the sole responsibility of the customer to ensure that any trademarks, patents, designs, or intellectual property rights pertaining to goods obtained from outside of Malaysia are duly owned by the respective company.
(3)Our company shall not assume any liability for any legal consequences that may arise due to the use of the aforementioned trademark in any country other than Malaysia.
Please be aware that we strictly prohibit any violation or infringement of intellectual property rights. We prioritize the respect and protection of intellectual property rights, both within Malaysia and on an international scale.
7. LIMITATION OF LIABILITY
7.1 Neither of us will be entitled to, and neither of us shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or re-installation costs, re-procurement costs, loss of data, injury to reputation or loss of customers. customer recovery from us for any claim shall not exceed the purchase price for the goods giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.
7.2 We shall not be liable for any claims based on our compliance with customer designs, specifications or instructions or repair, modification or alteration of any goods by parties other than us or use in combination with other goods.
8. FORCE MAJEURE
8.1 Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.