Tamico Systems Sdn Bhd product details and catalogue

Terms and Conditions of Sale (TAMICO SYSTEMS SDN BHD)


Tamico Systems Sdn Bhd will accept orders for goods on the Conditions Of Sale set out below. These Conditions cannot be varied unless agreed in writing by the directors of Tamico Systems Sdn Bhd.

1. Definitions
"Tamico" means Tamico Systems Sdn Bhd, who is the company selling goods to the Customer as identified in Tamico's Quotation, Order Confirmation or Invoice.
"We", "us" "our" means Tamico Systems Sdn Bhd
"Customer", "you" "your" means the person, firm or corporation that places an Order with Tamico.
"Contract" means a contract for sale by Tamico to the Customer of the products and/or services incorporating these Terms and Conditions
"Order Confirmation" means when we confirm your acceptance of your Order orally or in writing (whether electronically or otherwise) or when we effect Delivery, whichever occurs first. 
"Price" means the price as per Tamico’s web-site and Order Confirmation and the latter shall have precedence. Price includes where appropriate installing and/or maintaining the Goods. 
"Goods" means the article(s) that we agree to supply to you pursuant to an Order.
"Order" means your request for us to supply you with products in consideration of the Charges, which you make by either completing an online order or otherwise requesting the Goods that you require.
"Delivery" means our delivery of the Goods to the address you have stipulated in the Order or our notifying you that the Goods are available for collection.
"Carrier" means and (unless the context requires otherwise) includes the carriers servants agents and any person or persons carrying Goods on our behalf under any contract of carriage. 
 

2. Formation of Contract
2.1 No Contract shall come into existence until the Customer's order has been accepted by Tamico. 
2.2 The Goods sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Tamico's acknowledgment of a purchase order nor it's failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof
 
3. Orders 
3.1 Any Order you place will constitute an offer capable of acceptance by us. We will not be obliged to accept an Order and we reserve the right to refuse an Order without giving any reason.
3.2 You may cancel an Order at any time until Order Confirmation is given to you electronically or otherwise, except that you may not at any time cancel any Order for Goods that are customised to meet your particular requirements.
3.3 Each order if accepted by us shall constitute a separate severable contract. 
3.4 Should you cancel the Order for Goods for any reason not notwithstanding 9.1 9.2 and 9.3 we reserve the right to charge a "restocking fee" which will be an amount equivalent to 25% of the price payable by you and all delivery and collection costs.

4. Price
4.1 Unless expressed otherwise, our Price shall exclude delivery charges, duty and sales tax at the prevailing rate.
4.2 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
4.3 Our delivery charges are calculated together with the goods and its amount varies depending on your location. FREE OR CHARGE delivery is only applicable to areas that are stated inside the Delivery Methods page.
4.4 Tamico reserves the right to increase the Price at any time on notice to customer if for any reason the price of the Goods increases between the Confirmation of Order and Delivery. 

5. Goods
5.1 All Goods will be subject to availability and Tamico reserves the right to modify the Goods at any time or substitute them with goods of equivalent functionality without notice. The Customer accepts that Tamico's policy may result in differences between the specification of Goods delivered to the Customer and the specification of Goods ordered.

6. Delivery
6.1 Tamico shall deliver the Goods to the place of delivery designated by Customer and agreed to by Tamico ("Place of Delivery").
6.2 Tamico may, at its discretion, deliver the Goods by installments in any sequence. Where the Goods are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Dell in respect of any one or more installments shall vitiate the Contract in respect of Goods previously delivered or undelivered Goods.
6.3 Any dates quoted by us for the delivery of the Goods are approximate only and shall not form part of the Contract. Tamico shall not be liable for any delay in delivery of the Goods and/or services, howsoever caused.
6.4 If it is not possible for us to effect Delivery for whatever reason including but not limited to you being away or your premises being inaccessible, you will be liable to pay us an additional sum to cover our storage and administration charges. 
6.5 Subject to clause 3.2 above, should you wish to cancel or reschedule any Order, you agree to give us as much notice (in writing) as is reasonably practicable and agree to pay our storage and administration charges in addition to the Charges. 

7. Title and Risk
7.1 Risk of damage to or loss of Goods shall be passed to customer upon Delivery.
7.2 Notwithstanding Delivery and the passing of risk in the Goods, title in the Goods shall, subject to clause 10, not be passed to you until we have received payment of the Charges in full by cash or cleared funds payment for all Goods that we have agreed to sell to you pursuant to an Order Confirmation. 
7.3 Until such time as the title in the Goods passes to you, you will hold the Goods as a bailee and keep the Goods separately from any other goods belonging to you or any third party and properly stored, protected and insured and identified as our property. 
7.4 Until such time as title in the Goods passes to you, we may at any time require you to deliver up the Goods to us and, if you fail to do so, enter any premises where the Goods are stored to repossess the Goods.

8. Quality
8.1 We warrant that (subject to the other provisions in these Conditions) the Goods will be of satisfactory quality. 
8.2 As we are not the manufacturer of the Goods, all warranties, conditions and other terms implied by statute or common law (except as to title) are, subject to 8.1 above, expressly excluded. However, we will endeavour to pass on to you the benefit of any warranty or guarantee given by the Manufacturer in respect of the Goods. 

9. Rejection
9.1 If on Delivery the Goods appear to be visibly damaged you must notify the Carrier immediately that you will not accept Delivery or sign for as damaged otherwise you will forfeit your right to reject the Goods for visible damage. 
9.2 If the Goods are not visibly damaged on Delivery, but you wish to reject the Goods for any other non conformance or unapparent damage, you may reject the Goods provided that: 
9.2.1 You obtain an RMA number from us within 24 hours of Delivery, submit a completed RMA form to us as soon as possible thereafter and allow us facilities to inspect the Goods within 7 days of the date of Delivery; and 
9.2.2 the goods are undamaged, unused, in their original packaging and you have not marked either the goods or their packaging.
9.3 Subject to clause 8.C below, we will bear the costs of collecting any Goods you reject provided that you have complied with the requirements of 9.2 
9.4 Should you reject and return the Goods in accordance with 9.2, we reserve the right to charge a "restocking fee" which will be an amount equivalent to 25% of the price payable by you in respect of the returned Goods. 
9.5 If you fail to comply with either 9.1 or 9.2, you will be deemed to have accepted the Goods.

10. Software 
10.1 Where the Goods incorporate software, title in the software will not be passed to you even when you have paid the Charges in respect of such Goods in full.
10.2 You agree to comply fully with the terms of any software licence that is supplied with the Goods. Failure to do so may lead to such software licence being revoked by the owner of the software.
10.3 Where the Goods incorporate software belonging to a third party, and such software fails to conform to its specification or is otherwise defective, our sole liability will be to obtain a corrected version of such software from that third party for your use.

11. Force Majeure 
11.1 Tamico will not be liable for any failure to effect Delivery of the whole or part of any Order due to an event beyond our reasonable control. If Delivery is delayed due to an event beyond our reasonable control, we will notify you promptly of the reason for such a delay and you agree to give us such an extension to effect Delivery as is reasonable in the circumstances.

12. Suspension and Termination 
12.1 Tamico has absolute discretion to suspend any Delivery immediately on notice to you if: 
12.1.1 You pass a resolution for winding up (except for amalgamation or reconstruction of a solvent company) or if a court makes an order to that effect or if you have a receiver or administrator appointed over all or any of your assets or business, or if you cease or threaten to cease to carry on business. 
12.1.2 You are in material breach of any of these Conditions.12.3 We are unable to effect Delivery due to an event beyond our reasonable control. 
12.3 Termination of any Contract between us shall not affect your liability to pay us (without deduction or set off) such Charges as are due for Goods for which we have effected Delivery. If on termination of any Contract, we owe you any sums, we reserve the right to set off against such sums any outstanding Charges as you owe us.

13. Limitations of Liability
13.1 Our liability for death or personal injury as a result of our negligence or the negligence of our employees shall not be limited.
13.2 Our total liability to you for a breach of the Conditions or for negligence in the course of supplying Goods to you shall be limited to the repair or replacement of any Goods giving rise to your claim or at our option an amount equivalent to the Charges (or proportion of the Charges) that you have paid us for Goods giving rise to your claim.
13.3 Except as set out in clause 13.1 and 13.2 above, we will not be liable for the following loss or damage howsoever caused even if it foreseeable by us: loss of profits, business, revenue, goodwill, anticipated savings, data, corruption of data, whether sustained by you or third party and/or special, indirect or consequential loss (other than direct physical damage to your tangible property) whether suffered by you or another third party.

14. General
14.1 These Conditions constitute the entire agreement between you and us in respect of the Goods and supersede any earlier arrangements, understandings, promises or agreements made between the parties in respect of the Goods.
14.2 You acknowledge that in instructing us to supply the Goods, you do not do so on the basis of any representation, warranty or any provision not expressly contained within these Conditions. 
14.3 Any failure by us to enforce a breach of the Conditions by you shall not be deemed to be a waiver of any subsequent breach of these Conditions that you may make. 
14.4 If at any time any one or more of these Conditions are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Conditions, which shall continue in full force and effect. 
14.5 Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between us and you or the relationship of principal and agent or employer and employee. 
14.6 These Conditions shall be governed exclusively by Malaysian law and you and we agree to submit exclusively to the jurisdiction of the Kula Lumpur courts.
14.7 You and we agree that no third party shall be afforded any rights under these Conditions. 

15. Extended Product Warranty
15.1 	Mirrors the Manufacturer’s Warranty
15.2 	Extends the Manufacturer’s Warranty for One (1) additional Year

16. All Risk Insurance Cover 
16.1	Fire and Lightning			
16.2	Flood, Overflowing of Drain
16.3	Storm Tempest 16.	
16.4	Earthquake
16.5	Explosion
16.6	Damage by Aircraft and aerial object
16.7	Impact Damage including by own vehicle
16.8	Theft including Armed robbery
16.9	Riot, Strike, Malicious Damage
16.10	Landslip and subsidence
16.11	Bursting and overflowing of pipes and water tank including leakage of sprinkler system
Tamico Bell's Showroom
