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(2) Stoppage of delivery - We reserve the right to stop delivery in default of payment and to bill you for any expenses incurred in connection thereto.
(3) Acceptance - Inspection of the goods are to be made immediately upon delivery and unless you notify us in writing of any defects in the goods within three(3) days of
delivery (or to state the defects in the Delivery Order). The goods shall be deemed to be all respects in accordance with the contract. In the event the goods are collected by
you, the notification of defects(if any) shall be stated in the Delivery Order and we shall not be held responsible for any damage to the good on transportation or on usage.
(4) All products are tested and inspected by our engineers prior to the delivery of the goods and unless you specifically request for independent agent for inspection and testing
in which case all cost and expenses shall be bore by you, our test cube result shall be deemed to be accepted by you as conclusive evidence as to the fitness of our goods as
per your order. The goods shall not be returned for reasons of unfitness, unsuitability or such other reasons whatsoever after the acceptance by your good self of our test cube
result for the quality fitness of the goods or as the case may be the result of the independent agent.
(5) Supervision - Reasonable access to your nominated staff to supervise every step of the manufacturing process will be provided. In the event of your employing independent
inspecting agencies, you are to inform us of the terms of reference prior to our granting of access to your agents and we reserve the right to deny access to your agent.
(6) Warranties - Apart from specifications (if any) given by us to you, we do not give any warranty as to the quality, state, condition or fitness of the goods their suitability for any
particular purpose or for use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us.
(7) Limitation of Liability - Notwithstanding anything contained in these Terms and Conditions to the contrary or otherwise, the Seller sole and entire liability for any demands,
claims or actions which the Buyer or any third party may have against the Seller at law or in equity, shall be limited to the amount of the transaction involved which gave rise to
the claim and the Seller shall not be liable for damages for negligence, breach of contracts, loss of profits, savings, goodwill, or any type of special, exemplary, incidental,
indirect or consequential loss or damage howsoever arising whether or not the Seller has been advised of the same.
(9) Delivery Charges - Our rates quoted are based on the quantities indicated for all the items and the assumption of proper accessibility at site.
Should there be any revision to any of the quantities required or problems encountered in accessibility, we reserve the right to amend our rates accordingly. In event of a change
in the current transport market rate at point of delivery, our rates quoted will also be adjusted accordingly. Should the revised rates subsequently by Hume Concrete (EM) Sdn.
Bhd. Is deemed unacceptable, the customer may make arrangements themselves to take collection of the goods from our factory at their won cost.
(10) Delivery
(a) We shall be deemed to have made due delivery of the goods if the goods are delivered to (in the case where we are required to deliver the goods to your premises) or
collected by (in the case where you are required to collect the goods from our premises) any person present at the relevant premises who endorses the Delivery Order by
affixing your company seal or rubber-stamp in acknowledgment of the delivery or collection of the goods. We shall not be responsible or liable to you for any loss or damage
resulting from the receipt or collection or the goods by unauthorized persons.
(b) Any time or date for delivery named by you or by us shall be deemed to be an estimate only and we shall not be liable to make good any damage or loss whether arising
directly or indirectly out of delay in delivery.
(c) Risk passes upon delivery of the goods to you.
(d) If you fail to take delivery of the goods within fourteen (14) days from the date of our notice requesting you to do so(* the stipulated period *), you shall pay us liquidated and
ascertained damages calculated daily at1.5%of the price of the goods per month form the expiry of the stipulated period until you take delivery of the goods. If you shall still not
take
delivery of the goods after the expiry of thirty (30) days from the stipulated period we shalll be entitled to terminate the contract and you shall in addition to be aforesaid
liquidated
and ascertained damages, forthwith pay us the amounts referred to in Clause13b (i) or (ii) hereof, as the case may be.
(e) If receiver of your business shall be appointed or a petition for your winding-up or bankruptcy shall be presented, we shall be entitled to suspend or cancel delivery or limit or
cancel your credit.
(11) Title
(a) Title to the goods (both legal and beneficial) shall remain vested in us until the full purchase price have been paid to us.
(b) Notwithstanding that title to the goods remain vested in us, we shall be entitled to maintain an action for the purchase price of the goods.
(c) If any of the goods is sold by you before title in them has passed to you, you shall hold the proceeds of the sale and all right which you may have against the purchasers
there of
in trust for us. Any monies so received by you shall be placed in a separate account so as to be readily identifiable as being in our beneficial ownership.
(d) We or our agents shall be entitled at any time to take possession of the goods where title remains vested in us and for that purpose; you hereby agree to grant us access to
any
premises where such goods are or believed to be kept.
(12) Price - We reserve the right to increase the price of the goods if-
(a) There is an increase in price of raw materials, labor or manufacturing costs, or
(b) Any new or revised government duties or taxes are imposed on the goods.
(15) Other Conditions Not Applicable - These conditions supersede any earlier sets of conditions appearing in our catalogues or elsewhere and shall override any terms and
conditions stipulated, incorporated or referred to by you whether orally, or in your purchase order or other documents. We shall deem that you have accepted all the terms and
conditions specified herein unless you shall notify us in writing otherwise within7 days from the date of our Acknowledgement Order.
(16) The sale and purchase of goods and/or services (whichever is applicable) between our Company and the customer pursuant to this quotation or proposal and/or proposal
other documents issued by our Company or sales contract signed by our Company is subject to our HLMG Standard Service Level and Conditions, as attached herein or
available at www.hlmg.com.my which shall be deemed to be incorporated and form an integral part of the sale and purchase.