Terms & Conditions
“Supplier” refers to Jerung Wheels Enterprise (registered in Malaysia with Company Number TR0216750-T) while “Customer” refers to the person or firm who is purchasing the Goods and/or Services from the Supplier and its recipient.
All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by the Supplier.
- Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Customer’s order has been accepted by the Supplier.
- No Supplier shall be bound by any condition attaching to the Customer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the Supplier in writing, the Customer acknowledges that such conditions are expressly negated.
- Cancellation of an order can be made only with the Supplier’s consent and upon terms that will compensate the Supplier against loss.
- Change orders or briefing updates, amendments or changes requested by the Customer shall not be effective unless accepted in writing by the Supplier. The Customer shall be liable for any costs, expenses, and liabilities incurred by the Supplier in connection with any such change order.
- Unless specified, quoted prices do not include taxes.
- The Supplier, shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the cost to the Supplier of performing the contract is increased and the Supplier reserves the right to apply prices ruling at the time of providing the goods or services.
Terms of Payment
- The invoice amount for the goods and services must be paid in full within thirty (30) days of the date during which the goods and services were invoiced.
- The Customer is not entitled to withhold payment or make any deduction from the quoted price of the goods and services in respect of any set off or counterclaim.
- If the Customer fails to pay for any of the goods or services, the Supplier may in its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfillment of its obligations under this order or briefing and under any other order or briefing with this Customer until such payment is made and charge to the Customer any extra expense incurred thereby.
Cancellation or Suspension of Orders
Except where the Customer has a statutory right of termination, orders accepted by the Supplier may not be cancelled either wholly or in part without the consent in writing of the Supplier.
- Any service or advice which may be offered by the Supplier, its servants or agents to the Customer or its agents, is rendered in good faith and the Supplier shall not be liable for any loss or damage arising therefrom.
- For the avoidance of doubt, the Supplier will be under no liability whatsoever to the Customer for any loss, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Supplier, its servants or agents or any other person in any way related to or arising out of the Quotation by the Supplier.
All copyright, design right and other intellectual property in any design, specification, process, method of working or other information relating to the Goods or Services (other than that provided by the Customer to the Supplier) shall vest for all time in the Supplier. The Supplier only grants to the Customer an irrevocable licence to use the Goods or Services for the specified project in accordance with the Customers brief.
These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between the Supplier and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and Conditions of Quotation and Sale shall be of any effect. For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accept this quotation or where the Customer and the Supplier otherwise proceed with carrying out work under the brief, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.
Governing Law of Contract
These General Terms and Conditions of Quotation and Sale are governed by, and are to be construed in accordance with, the laws of Malaysia and the parties submit to the non-exclusive jurisdiction of the courts of Malaysia and any court hearing appeals from those courts.
By receiving an invoice, the recipient certifies that the item(s) and/or service(s) issued in the invoice are in all respect true, correct, supportable by available documentation and in compliance with all terms/conditions, laws and regulations governing its payment.
Jerung Wheels Enterprise
Updated on 15th January 2021