Terms & Condition
1.1 "The Company" means VOLENTE DECO CONSULTANT SDN. BHD. Company incorporated in Malaysia. "The Buyer" the Person, Firm or Company for whom purchasing goods from the company, are pursuant to these terms. "The Conditions" the Standard Terms & Conditions of sale as set out in this document, together with any special Conditions agreed in writing between the Buyer and the company. "The Contract" means any contract between the company and the Buyer for the sale of goods. "The Goods" any goods which the company agrees to supply to the buyer in accordance with these Terms and conditions. "Order" mean the buyers written acceptance of the Quotation. "Order Acknowledgement" the company's written form of confirmation and acceptance of the order.
2 Applications of Terms
2.1 These Terms and conditions apply to all the Company's tenders, offers, orders, quotations and agreements relating to the Sales of Goods to the buyer by the company. Any additional or different terms or conditions proposed by the Buyer are expressly objected to and will not be binding upon the company, unless assented to in writing and signed by a director of the company.
2.2 The company can without notice amend, consolidated, modify, extend, or replace this terms and conditions.
3 Orders and Specifications
3.1 No order placed by the Buyer shall be deemed to be accepted by the company until the company sends an Order Acknowledgement at which point and on which date the contract shall come into existence.
3.2 Any order for, or any statement of intent to purchase goods or any assent for company to perform lighting design work or be provided with lighting design from buyer shall constitute assent to these terms and conditions.
3.3 No Verbal orders will be accepted from Buyer until a written order placed by buyer has been accepted by the company; the contract will then come into existence subjected to these conditions.
3.4 All Orders should be sent by email, fax or mail and should state the Buyer's relevant order number and company's quotation, or order acknowledgement reference number, if provided. No terms or conditions enclosed upon, delivered with or contained in the Buyer's purchase order confirmation of order or other document will form part of the Contract simply as a result of such Document being referred to in the Contract.
3.5 It's the buyer's responsibility to ensure that Order acknowledgement and other related documents are accurate. Any Typographical, clerical or other accidental errors in any Sales literature, Quotation, Acceptance of Order Acknowledgement, invoice or other documents or information issued by the company shall be subject to correction without any liability on the part of the company.
4.1 The description of the Goods shall be as set out in the Company's brochure and website. The buyer acknowledges and agrees that all descriptive matter and advertising issued by the company and any descriptions or illustrations contained in the company documentation are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract, nor be relied upon by the buyer when entering into this agreement.
4.2 The company reserves the right to amend or change specification datasheets, brochures, website and the company's pricelist without notice. The Buyer must ensure that the goods ordered are suitable for the intended purpose before commencing installation, bulk production or investment in tooling.
5.1 Cancellation of Standard goods ordered will be accepted only if made in writing (verbal order cancellation will not be accepted) and received within 48 hours of delivery, a 40% restocking charge will apply. (See the returns policy for more information).
5.2 If a special production or non-stock products are required to fulfil an order, a written cancellation request must be approved by the company, if no production has been done and no material purchased. Cancellation of Special, or non-stock products will not be accepted after goods are despatched.
6.1 Volente Deco Consultant Sdn. Bhd shall not be liable for any losses, damages, costs, expenses or any other liabilities arising from any delay in delivery nor will the Buyer be entitled to cancel, rescind or terminate the Transaction.
6.2 Any special delivery requirements incur an extra charge Subject to special delivery request.
7.1 Unless otherwise agreed in writing by the company, delivery of the Goods shall take place at the address detailed on the Buyer's order, and any dates specified by the Company for delivery of Goods are intended to be estimation only.
7.2 Subject to the other provisions of these Conditions the company will not be liable for any loss including loss of profit, damages, charges or expenses caused directly or indirectly by any delay of the delivery of the Goods (even if caused by the company's negligence) nor will any delay entitle the Buyer to cancel the contract. If for any reason the Buyer will not accept delivery of any of the goods, or the company is unable to deliver the goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, risk in the goods will pass to the Buyer including loss or damage caused by negligence) the Goods will be deemed to have been delivered and the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).
7.3 The Company may deliver the Goods by instalments and each instalment shall be treated as a separate Contract so that failure to deliver or defects on one or more instalment shall not entitle the Buyer to reject the other instalments.
7.4 The buyer must check the goods upon receipt and report any damage, loss or unsatisfactory condition on the enclosed Delivery note. The Company shall at its discretion, repair or replace free of charge any goods damaged or lost in transit, provided that that the company receives written notice of such damage or loss within 48 hours of delivery.
8.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer. The Company shall not be liable for any non-delivery of Goods even if caused by the Company's negligence unless written notice from the buyer is given to the Company within 48 hours of the date when the Goods would in the ordinary course of events have been received. Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rate Contract rate against any invoice raised for such Goods.
9.1 The Goods are at the risk of the Buyer once delivery is completed.
9.2 Ownership of the Goods shall not pass to the Buyer until the Company has received full payment or cleared funds all sums due to it from the Buyer on any account.
9.3 Until ownership of the Goods has passed to the Buyer, the Buyer must hold the Goods on a fiduciary basis as Company's Bailee, store the Goods (at no cost to the Company) separately from all other goods in such a way that they remain readily identifiable at the Company's property, not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; maintain the Goods in satisfactory condition insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company (On request the Buyer shall produce the policy of Insurance to the Company and hold the proceeds of the insurance referred to in on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank Account).
10 Pricing & Quotations
10.1 Contact our sales representative or customer service for the current price list. All prices are list prices and do not include shipping, handling, additional custom fabrication charges, installation or taxes. All prices are subject to change without notice.
10.2 For quotations, please call +603 8741 8808 or +603 9547 7779.
11 Payments terms
11.1 The Buyer shall pay the full price for each Transaction to the Seller or on before the last day of the payment due date agreed in writing between the Parties (“Due Date”).
11.2 In the event that the Buyer fails to pay an invoice by the Due Date, then, in addition to any other rights which may be conferred upon the Seller by law or equity, the Seller shall be entitled, at its discretion, to impose on the Buyer and, if the Seller exercises its discretion (which shall be communicated in writing to the Buyer), the Buyer shall pay late payment charges on the outstanding amount at 1.25% per month (calculated daily) from the date of such default until payment is received by the Seller. For the avoidance of doubt, the imposition of such charges shall not be construed as an extension of time for payment of any outstanding amount due.
11.3 If payment for a particular invoice is not made on or before its Due Date, all other invoices of the Seller which remain unpaid by the Buyer at that time (even if such other invoices have not reach.
12 Limitation of Liability
12.1 The Company's total liability in contract tort (including negligence or breach of statutory duty, misrepresentation or otherwise arising in connection with the performance or contemplated performance of this Contract shall be limited to the price paid by the Buyer and
12.2 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill otherwise) costs, expenses, loss of anticipated savings, loss of use, loss of contracts or other Claims for consequential compensation (howsoever caused which arise out of or in connection with the Goods.
13 Intellectual Property
13.1 The property and any copyright or other intellectual property rights in any Buyer Materials shall belong to the Buyer and any Company Materials shall, unless otherwise agreed in writing between the Buyer and the Company belong to the Company subject only to a licence in favour of the Buyer to use the Company Materials for the purposes of receiving the Goods.
13.2 The buyer shall not have authorisation on any third party to, alter, copy or modify or otherwise tamper with the goods, their packaging or any material provided by the company, in relation to the goods.
13.3 Clause 15.1 applies to the company website. The company owns all intellectual property rights on the site, and the material published on it. These entireties are covered by copyright laws. All such rights are reserved.
14 Force Majeure
14.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including without limitation acts of God, governmental actions, war or national Emergency, riot, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other about disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
15.1 All The Company's products sold directly by the company are guaranteed for five (5) years from the date of delivery with proof of order/purchase. Without this, the warranty cannot be honoured. This does not include LED strip which has been modified by the customer and not in-house at Volente Deco Consultant Sdn. Bhd. This is guaranteed for two (2) years from the date of delivery with proof of order/purchase. Without this, the warranty cannot be honoured.
15.2 Under the warranty, if the goods are unable to function as a result of a manufacturing defect, poor workmanship or a faulty component, The Company has the option to replace or rectify the goods free of charge. This is subject to the warranty terms and returns policy.
15.3 The Company will not accept liability for installation errors, including situations where the environmental conditions are not suitable for the IP-Rating of the goods.
15.4 The Company's liability shall not exceed the invoice value of the goods accepted as defective. No allowance will be issued for buyers or third parties, consequential damage or other expense incurred.