 |
|
 |
|
> Main Page > Terms & Policy
Sales Contract
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 YeapCh.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.
DEFINITIONS
- "YeapCH.com" means YQC Technology Solution.
- "Product(s)" means product(s) and/or its/their peripheral product(s) by YeapCh.com listed as shopping items on this Website and forming the subject matter of this contract as identified by Customer in the order form.
- "Customer" means a person who orders goods via this Website or CCC.
- "Contract" means a contract containing these terms and conditions agreed upon between YeapCH.com and Customer for sale by YeapCH.com and purchase by Customer of the Products.
- "CCC" means the YeapCH.com Customer Contact Center operated by YeapCh.com in Malaysia, from which Customers may order Products by telephone or facsimile transmission.
- "Purchase Order Number" means the Customer Purchase Order Number automatically generated and provided to Customer by YeapCH.com upon Customer placing an order.
- "Working Day" means a day, on which commercial banks in Penang are open for business, excluding Saturdays.
SALES & PURCHASE
- YeapCH.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 whether made via the CCC or this Website shall be subject to acceptance by YeapCH.com, which acceptance is at the discretion of YEapCh.com. Upon Customer placing an order, a unique Purchase Order Number will be automatically generated and provided to Customer to facilitate tracking of Customer's order. The provision of such Purchase 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 YeapCh.com.
- These terms and conditions shall become the Contract only when notice of acceptance by YeapCH.com of an order by Customer is sent to Customer.
- YeapCh.com will only accept orders for delivery of the Products to the street address of Customer in Malaysia from residents of Malaysia who have attained the age of 18 years. Subject to Clause 4(3) below, Customer may only cancel an order before notice of acceptance by YEapCh.com of such order is sent to Customer.
- YeapCH.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 YeapCH.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 YeapCh.com to Customer within Malaysia, 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 or Public Bank Berhad in Malaysia, to the following accounts:-
Maybank Berhad (Account no.: 5072 3710 6442)
Public Bank Berhad (Account no.: 4040 5098 12)
Cheques must be marked "A/c Payee Only", made in favour of "Yeap Choon Hwa" and be drawn on a local Malaysian bank. Customer shall insert the Customer's name and Purchase Order Number in the Customer's copy of the relevant Bank-In or Deposit Slip and shall fax a copy of the same to CCC at 04-6565 317 within 3 working days of the Customer making his or her order online, failing which Customer's order shall be deemed cancelled. YeapCH.com will verify the payment with the relevant Bank and will then send the notice of acceptance as stated in subsection (2) of Section 3 if the payment is verified. Customer will be charged when the notice of acceptance is sent to the Customer. Customer's order will be deemed to be cancelled if cash payment is not verified within three (3) working days of the verification request being made or if Customer's cheque is not honoured. If Customer's order is cancelled after payment has been made but before a notice of acceptance by YeapCh.com has been sent to Customer,
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. YeapCH.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.
(b) BY POST
Customer may make payment by post at Customer's own risk by forwarding a crossed cheque/bank draft for the relevant amount marked "A/c Payee Only" made in favour of "Yeap Choon Hwa" to the following address:-
YQC Technology Solution
31 Jalan Gelugor,
11700 Gelugor,
Penang.
Customer shall insert Customer's Purchase Order Number, name and telephone number at the back of the cheque/bank draft and shall forward the cheque/bank draft to YeapCH.com within 3 working days of the Customer making his or her order online, failing which the Customer's order shall be deemed cancelled. YeapCh.com shall send the notice of acceptance as stated in subsection (2) of Section 3 upon receiving notification that the cheque/bank draft 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/bank draft but before a notice of acceptance by YeapCH.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.
YeapCH.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.
DELIVERY
- The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the Customer as stated in Section 4 above. YEapCH.com shall endeavour to arrange to deliver the Products to the delivery point in Malaysia designated by Customer in his or her purchase order. YeapCH.com will use its discretion in selecting a reputable carrier and appropriate means of shipment, and shall endeavour to notify the Customer of the estimated date of delivery as soon as is reasonably possible. 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, YeapCH.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 YeapCH.com for delivery of the Products are estimates only and shall not form part of the Contract. In no event shall YeapCH.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.
- YeapCH.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 YeapCH.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 YeapCh.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 YeapCH.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, YeapCH.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 YeapCH.com all costs and expenses (including storage and insurance charges) arising from its failure.
ACCEPTANCE
Unless Customer notifies YeapCH.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, YeapCh.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 9 below, YeapCH.com reserves the right, at its sole discretion, to repair such defective Products in lieu of replacing the same with equivalent products.
TITLE, RISK OF LOSS OR DAMAGE
Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by the Customer in the order. Notwithstanding the foregoing, title to the Products that are software products shall remain with the applicable licensor(s).
TELEPHONE SUPPORT
YeapCH.com will not offer support to Customer for problems relating to any software or hardware products licensed or manufactured by other party. If Customer needs such support, Customer should contact the respective supplier or licensor of each such software or hardware product.
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
YeapCh.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 marketing materials (advertisements, catalogues, specification sheets etc.) 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. YeapCH.com shall be entitled to refuse to accept orders placed by Customer if Customer breaches or YeapCH.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 YeapCH.com's prior written consent and the appropriate export or re-export licenses from the Government of Malaysia.
WAIVER/ INVALIDITY
Failure of YeapCH.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.
|
|
