TERMS AND CONDITIONS

Sales Order and Confirmation

1.0 The price in the quotation (hereafter called “Sales Order”) contains a brief description of the loose furnitures, accessories, decorations and/or other products from time to time sold by the Company (if any) (hereafter called “the Products”).

2.0 The Customer shall be responsible to verify the accuracy of the details of the Products as shown in the Sales Order.

3.0 Upon confirmation and signing of the Sales Order, the Customer shall pay a minimum of Ringgit Malaysia Three Thousand Ringgit (RM3000.00) only or ten per centum (10%) of the price stated in the Sales Order, whichever is higher (hereinafter called ”the Deposit”) to Kubiq Sdn Bhd (hereafter called “the Company”).

4.0 All payment is non-transferable and non-refundable.

5.0 Payment by credit card, online transfer and cheques will only be considered as having been paid subject to the clearance thereof.

Commencement, During and Completion of Work and Delivery

6.0 The Customer shall furnish the Company with all relevant keys, access cards and necessary information and requirements to enable the Company to proceed with the delivery and work, including particulars concerning with house rules, existing structures and features of his premises.

7.0 The Customer shall at his own costs secure all the relevant approval, permit and or pass (hereinafter referred “the Approvals”) required by the building management or local authority (hereinafter called “the Appropriate Authority”) prior to the commencement of work extend a copy to the Company.

8.0 No work shall commence unless and until all the Approvals stipulated under Clause 7.0 have been obtained. Thereafter the Company shall notify the Customer a date to commence work and delivery (hereinafter called “the Commencement Date”) and the Commencement Date provided to the Customer is an approximate date as it is subjected to Clause 11.0. Prior to the Commencement Date, the Customer shall ensure the premises or the designated area for delivery and work, whichever is applicable, is vacated for safety and security reasons. The Company shall not be liable for any damages or losses upon any materials or goods placed in the premises arising out of or in the course of or caused by the carrying out of the delivery and work.

9.0 The Customer shall ensure all defects within the premises has been rectified by respective housing developer in accordance to Housing Development (Control and Licensing) Regulations 1989 Schedule G/H/I/J prior to the Commencement Date. The Company is not responsible and obliged to rectify any defects captured in the property defects assessment or found thereafter.

10.0 Prior to the Commencement Date, the Company shall notify the Customer in written notice of payment. The Customer shall pay any remaining amount left thereafter or the remaining payment of ninety per centum (90%) of the price stated in the Sales Order, whichever is applicable (hereinafter called ”the Final Payment”) to the Company.

11.0 The Company shall not be held liable for any losses in respect of any delay in premises possession, productions, shipment, transit or delivery arising from the following circumstances:-
a)   In the event of the occurrence of any circumstance beyond the reasonable control of the Company which results in the Company being unable to observe or perform on time its obligation, including but not limited to, acts of God, floods, storms, and any other natural disaster, acts of war, civil commotion, malicious damage, strikes or fire, epidemic, pandemic, government or regulatory action, outbreak of infectious disease or any public health crisis, including quarantine or other employee restrictions affecting the Company or any of its trades engaged in the preparation, manufacture or transportation of any materials or goods (hereinafter referred to “ the Force Majeure”);
b)   Any variations in the Sales Order made by the Customer after the Deposit;
c)   Delay by the Customer in making the Final Payment;
d)   Delay by the Customer in giving possession and renovation approval of the premise;
e)   compliance with any changes to any law, regulations, by-law or terms and conditions of the Appropriate Authority; or
f)   any other unforeseen circumstances beyond the reasonable control by the Company.

12.0 The Company shall inform the Customer immediately of the occurrence of any event stipulated under Clause 11.0. Any delay shall not be a ground for termination of the Sales Order by the Customer.

13.0 In the event the Customer is unable to accept the delivery within ninety (90) days from the date the Deposit has been made, the Customer shall notify the Company in written notice. Without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-
a)   charge the Customer storage for the period commencing from the expiry of ninety (90) days until full delivery thereof, calculated at day-to-day basis at the rate of ten per centum (10%) per annum based on the Sales Order original sum.
b)   In the event the Customer fails to respond after the issuance of written notice by the Company, the Sales Order shall be treated as cancelled after ninety days (90) days from the date of Deposit and forfeit all payments made by the Customer at the Company’s sole discretion;
c)   make any changes to the design and/or specifications of the Products if the initial Products has been discontinued, withdraw any obsolete design, and/or make alterations or modifications due to product improvements and/or technological improvements.

14.0 No work or delivery shall be done on:
a)   The weekly day of rest;
b)   Any gazetted public holiday in the location where the works is carried out; or
c)   Between the hours of five in the evening and nine in the following morning.

15.0 In the event that the Customer engages their own craftsmen, tradesmen, or other contractors to undertake work not forming part of the Sales Order, the Customer shall be responsible with their performance, acts, omissions, materials, goods and standards of workmanship of the quality and the coordination of all the trades. The Company shall not be liable for any damages or losses caused onto any materials or goods carried out by the craftsmen, tradesmen or other contractors engaged by the Customer arising out of or in the course of or caused by the carrying out of the delivery and works.

16.0 The Company is not obliged to collect any Customer’s personal properties delivered to the premises before or during the commencement of work.

17.0 Any complaint by the Customer in relation to defective works carried-out by the Company’s authorized contractors shall include an explanation of the circumstances relating to the claim. The Company shall on a best endeavour basis, investigate and verify such complaint, whereupon, the Company shall rectify the same.

18.0 All Products sold and delivered to the Customer in accordance with the Sales Order shall be non-returnable.

19.0 It shall be deemed that the Customer has duly accepted the delivery and completion of the work after three (3) days of the date of handover (hereinafter called the “Handover Date”).

20.0 The Customer shall not move into the premises and shall keep the designated area vacated, whichever is applicable before the Handover Date.

Warranties

21.0 All Products stated in the Sales Order is covered by six (6) months warranty (hereinafter called “the Warranty”) by the Company against manufacturing defects effective from the Handover Date. All complimentary items are not subject to the Warranty.

22.0 This Warranty shall not cover the following circumstances and the costs to replace or repair shall be borne by the Customer:-
a)   the effects of normal wear and tear of the products;
b)   cosmetic damage, including scratches, dents, chips, cut or damages caused by impacts or accidents.
c)   the damages caused by power surges or outages;
d)   the damages caused by water leakages from water outlets or water spillage due to user’s negligence;
e)   the damages caused by fire, flood, explosion, acts of God, or other external causes;
f)   the damages caused by lack of normal maintenance, negligence, misuse, wilful damage or it was cleaned with wrong cleaning methods or wrong cleaning products;
g)   the damages caused by extreme conditions such as excessive exposure to direct sunlight, moisture and temperatures.
h)   natural variations in the color, materials or textures, changes arising from natural aging process of the material and grain of the wood, deterioration or tarnishing to surface finishes;
I)   the product has undergone repairs, modifications, alterations or dismantlement by third parties; or
j)   labour charges for light fittings replacement.

23.0 All warranty claims are subject to the Company’s discretion with verification from the Company’s authorised service contractor and the Customer shall present the original official receipt for warranty claim. The Customer confirms that the Company shall not be liable and responsible for any defects occur after the period of Warranty.

24.0 The Company shall at its discretion, either repair the defective Product or replace it with the same or a comparable Product in the event that the Product is discontinue.

25.0 The Company shall not be liable for any malfunction or default of any electrical appliances installed. All electrical appliances shall subject to full or limited warranty or guarantee by its respective manufacturer.

General
26.0 The Company shall be under no liability whatsoever to the Customer for any special, indirect, economic or consequential loss or damage suffered by the Customer arising out of a breach by the Company’s obligations or delay in performing, or any failure to perform any of the Company’s obligations.

27.0 Any written notice or other document to be given under the terms and conditions shall be given or sent by and shall be deemed to have been duly served upon and received by the addressee:
(a) if delivered by hand, at the time of delivery;
(b) if transmitted by way of electronic transmission, at time of transmission.

28.0 The Company expressly reserves its right to amend any of the terms and conditions herein contained.

29.0 The terms and conditions contained herein shall be governed by the Laws of Malaysia.