Conditions of Sale
Conditions Of Sale
1. Scope
These Conditions of Sale (“Conditions”) apply to all quotations, sales, and deliveries of goods and equipment (“Products”) supplied by BERJAYA CKE ENTERPRISE SDN BHD (“Company”) to any purchaser (“Customer”). By signing this invoice or accepting delivery, the Customer agrees to be bound by these Conditions.
2. Quotations & Orders
2.1 Quotations are valid for thirty (30) days unless otherwise stated.
2.2 Orders are binding only when accepted in writing by the Company.
2.3 Orders may not be cancelled once confirmed without the Company’s written consent. Deposits may be forfeited and additional charges may apply.
3. Price & Payment
3.1 Unless otherwise agreed, prices exclude all taxes, duties, transport, and installation.
3.2 Standard payment terms: 50% deposit upon order, balance before delivery/installation.
3.3 Customers with approved credit terms must settle invoices within thirty (30) days. Overdue sums bear interest at 1.5% per month until full payment.
3.4 The Company may suspend delivery where payment is overdue.
4. Retention of Title & Repossession
4.1 Ownership of Products remains with the Company until payment is made in full.
4.2 If the Customer defaults in payment, becomes insolvent, or breaches these Conditions, the Company may repossess the Products without notice.
4.3 Deposits may be forfeited, without prejudice to the Company’s rights to claim damages and costs.
4.4 Until full payment, the Customer shall not sell, transfer, or encumber the Products.
5. Delivery & Collection
5.1 Delivery dates are estimates only; the Company is not liable for delays beyond its control.
5.2 Standard delivery is to the ground floor of the delivery address. Additional charges apply for other floors or locations.
5.3 Products must be collected within three (3) months of purchase unless otherwise agreed. Failure to do so entitles the Company to terminate the sale and forfeit deposits.
5.4 Risk of loss or damage passes to the Customer upon delivery, even if title has not passed.
6. Installation & Relocation
6.1 Installation (if included) requires the Customer to ensure site readiness. Additional charges apply if the site is not prepared.
6.2 Products must only be moved or relocated by the Company or its authorized agents. Unauthorized relocation voids warranty.
7. Maintenance Obligations
7.1 Preventive maintenance must be carried out at least once every six (6) months by the Company or its authorized agents.
7.2 Maintenance services are chargeable and payable upon completion.
7.3 Failure to perform timely maintenance may void warranty coverage.
8. Warranty
8.1 New Products are warranted against manufacturing defects for twelve (12) months from delivery, subject to proper use, cleaning, and maintenance.
8.2 Used Products sold in Wilayah Persekutuan and Selangor carry a thirty (30) day warranty only.
8.3 Warranty exclusions include: wear-and-tear; misuse; negligence; power supply issues; unauthorized repairs or modifications; relocation by unauthorized persons; force majeure events.
8.4 Warranty is void if serial numbers are removed or tampered with.
8.5 The Company’s sole obligation is, at its discretion, to repair or replace defective parts.
9. Returns & Cancellations
9.1 Products sold are non-returnable and non-refundable, except where defective under warranty.
9.2 No refunds are provided for change of mind or unsuitability once Products are delivered in good condition.
10. Limitation of Liability
10.1 The Company’s liability shall not exceed the purchase price of the relevant Product.
10.2 The Company shall not be liable for any indirect or consequential losses, including business interruption, loss of profits, or reputational damage.
10.3 Nothing in these Conditions limits liability for death or personal injury caused by negligence or fraud.
11. Force Majeure
The Company shall not be liable for failure or delay caused by events beyond its reasonable control, including natural disasters, supply chain disruptions, strikes, or government actions.
12. Personal Data Protection
By signing this invoice, the Customer consents to the Company contacting them via WhatsApp, SMS, or other means for product updates, promotions, and service reminders. Data will be processed in compliance with the Personal Data Protection Act 2010 (PDPA). Customers may opt out at any time.
13. Governing Law & Jurisdiction
These Conditions are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the Malaysian courts.