PLEASE READ THIS DOCUMENT
CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Contract contains the current terms and conditions that
apply to your purchase from Grace-intl.com on order of any
product or products listed as shopping items on this Website
("Products"). You acknowledge that you are fully aware of
the contents of these terms and conditions and, on placing
any purchase order for the Products, you agree to be bound
by and accept these terms and conditions.
SALES & PURCHASE
Grace-intl.com shall sell and Customer shall
purchase the Products in compliance with the
Contract
ORDER/ FORMATION OF PRODUCT
All orders of the Products placed by Customer from this Website shall be subject to acceptance by Grace-Intl.com, which acceptance is at the discretion of Grace-Intl.com. Upon Customer placing an order, a unique Order Number will be automatically generated and provided to Customer to facilitate tracking of Customer's order. The provision of such Order Number does not operate as an acceptance of
Customer's order and merely serves as confirmation that Customer's order has been received by Grace-Intl.com.
These terms and conditions shall become the Contract only when notice of acceptance by Grace-Intl.com of an order by Customer is sent to Customer.
These terms and conditions shall become the
Contract only when notice of acceptance by Grace-intl.com
of an order by Customer is sent to Customer.
Grace-intl.com reserves the right to limit
quantities of the Products purchased in any order.
PRICE & PAYMENT
Pricing of the Products shall be as stipulated
in the official price lists published by Grace-intl.com
from time to time in force as at the date of
placement of orders by Customer.
Product Prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from Grace-intl.com to Customer within Malaysia or overseas, which shall be borne by the Customer.
Customer shall pay for the Products in Ringgit
Malaysia using one of the following payment methods:-
(a) CASH/ CHEQUE DEPOSIT
Customer may make payment by way of a cash or
cheque deposit at any branch of Maybank Berhad,
Hong Leong Bank, RHB Bank and Bumiputra Commerce
in Malaysia.
Customer shall be liable for all fees, charges
and costs (including but not limited to processing
fees and charges) arising out of or in connection
with the cancellation or reversal of the payment
transaction. Grace-intl.com shall be entitled
to deduct or set-off any and all such fees, charges
and costs against Customer's payment before refunding
the same to Customer.
Customer shall insert Customer's Order Number, name and telephone number at the back of the cheque and shall fax the cheque slip to Grace-intl.com within 3 working days of the Customer making his or her order online, failing which the Customer's order shall be deemed cancelled. Grace-intl.com shall send the notice of acceptance as stated in subsection (2) of Section 3 upon receiving notification that the cheque has been cleared. Customer will be charged when the notice of acceptance is sent to the Customer. Customer's order will be deemed to be cancelled if Customer's cheque is not honoured. If Customer's order is cancelled after clearance of Customer's cheque but before a notice of acceptance by Grace-intl.com has been sent to the Customer, the Customer shall be liable for all fees, charges and costs (including but not limited to processing fees and charges) arising out of or in connection with the cancellation or reversal of the payment transaction. Grace-intl.com shall be entitled to deduct or set-off any and all such fees, charges and costs against the Customer's payment before refunding the same to the Customer.
(b) WALK IN
Customer can visit Grace Assembly for collection of Customer's order. However, the Customer will only be able to collect their order at the earliest time of after 3 working days of the Customer making his or her order online. Payment can be made at the counter.
DELIVERY
The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the Customer. Grace-intl.com shall endeavour to arrange to deliver the Products to the delivery point in Malaysia designated by Customer in his or her purchase order. Grace-intl.com will use its discretion in selecting a reputable carrier and appropriate means of shipment. Unless the Customer specifically nominates a named individual or individuals to take delivery of the Products during the ordering process, delivery to any individual or individuals present at the delivery point in Malaysia designated by Customer in his or her purchase order shall be deemed good and sufficient delivery of the Products to the Customer. Where the Customer has specifically nominated a named individual or individuals to take delivery of the Products, Grace-intl.com shall be entitled but not bound to request sight of the identity card or other identification document of the relevant individual or individuals before making delivery of the Products to such individual or individuals, and shall be entitled to accept any document purporting to identify an individual or individuals as the individual or individuals nominated by Customer, at its face value.
Any dates quoted by Grace-intl.com for delivery
of the Products are estimates only and shall
not form part of the Contract. In no event shall
Grace-intl.com be liable for increased cost,
loss of profits or goodwill or any other special,
incidental direct or indirect or consequential
damages due to late delivery or non-delivery
of the Products.
Grace-intl.com may deliver the Products by
instalments in any sequence. Where the Products
are so delivered by instalments, each instalment
shall be deemed to be the subject of a separate
Contract and no default or failure by Grace-intl.com
in respect of any one or more instalments shall
vitiate the Contract in respect of the Products
previously delivered or undelivered Products.
In the event that Grace-intl.com gives notice
to Customer that it is unable to deliver any
instalment of the Products, Customer shall be
deemed to have accepted those instalments already
delivered but Grace-intl.com may reimburse the
price of the undelivered Products that have been
paid for by Customer.
If Customer fails to take delivery of the Products
or any part of them when they are made available
to Customer or fails to provide accurate instructions,
documents, licenses, consents or authorisations
required to enable the Products to be delivered,
Grace-intl.com shall be entitled, upon giving
written notice to Customer, to store or arrange
for storage of the Products, and then risk in
the Products shall pass to Customer, delivery
shall be deemed to have taken place, and Customer
shall pay to Grace-intl.com all costs and expenses
(including storage and insurance charges) arising
from its failure.
ACCEPTANCE
Unless Customer notifies Grace-intl.com to the
contrary by telephone, facsimile transmission
or telex within seven (7) days of delivery and
such notification is confirmed in writing within
seven (7) days of the notification, the Products
shall be conclusively deemed to have been accepted
by Customer as being in good condition and in
accordance with the Contract. Subject to the
Customer's statutory rights, Grace-intl.com will
not entertain any request to return or exchange
Products. In the case of defective Products under
warranty which fall within the ambit of Section
8 below, Grace-intl.com reserves the right, at
its sole discretion, to repair such defective
Products in lieu of replacing the same with equivalent
products.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE
OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE
OR FAILURE TO PERFORM UNDER THE CONTRACT, OR
FROM THE FURNISHING, PERFORMANCE OR USE OF ANY
GOODS OR SERVICE SOLD OR PROVIDED PURSUANT HERETO,
WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, OR OTHERWISE., THIS DISCLAIMER
DOES NOT AFFECT THE CUSTOMER'S STATUTORY RIGHTS.
NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE
OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR
ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN..
CRITICAL COMPONENTS
The Products are not authorised for use as critical
components in life support systems or situations
where failure to perform can reasonably be expected
to cause significant injury to users or others.
CHANGES
Grace-intl.com may update or discontinue any of
Products and/or revise prices for the Products
listed as available items on this Website or
elsewhere at any time. Therefore, Customer agrees
that changes between the shipped Products and
the Products described in this website may occur. All orders are accepted on these
terms, which supersede any other terms appearing
in this Website or elsewhere and shall override
any other terms referred to by the Customer or
in any course of dealing.
RESALE
Customer agrees and warrants that the purpose of
purchasing the Products is for Customer's own
individual or personal use only, and not for
resale. Grace-intl.com shall be entitled to refuse
to accept orders placed by Customer if Customer
breaches or Grace-intl.com, on reasonable grounds,
suspects that Customer will breach this warranty.
EXPORT RESTRICTIONS
Customer agrees to comply with all applicable export
laws, regulations and orders of Malaysia and
the United States of America. Specifically, but
without limitation, Customer agrees that it will
not re-export or ship, directly or indirectly,
any Products or technical data in any form without
first obtaining Grace-intl.com's prior written
consent and the appropriate export or re-export
licenses from the Government of Malaysia.
WAIVER/ INVALIDITY
Failure of Grace-intl.com to insist upon strict
performance of any provisions hereof shall not
be deemed a waiver of its right and remedies.
If any provision of the Contract is deemed by
a court to be unenforceable, the remainder shall
stay in effect.
GOVERNING LAW
The Contract shall be governed by and construed
in accordance with the laws of Malaysia. The
parties hereto submit to the non-exclusive jurisdiction
of the courts of Malaysia, that being the place
where Customer's order has been received and/or
entered and accepted.
HEADINGS
The section headings used herein are for convenience
or reference only and do not form a part of these
terms and conditions or the Contract, and no
construction or inference shall be derived therefrom.
ENTIRE AGREEMENT
These terms and conditions may not be altered,
supplemented, or amended by the use of any additional
document(s) that purport to be an agreement of
the parties. Any attempt to supplement or amend
this document or to enter an order for the Product(s)
that is subject to additional or altered terms
and conditions shall be null and void and of
no effect whatsoever.