The following clauses will apply to all sales made by NS BlueScope Malaysia Sdn Bhd. The words “the Company”, in this document refers to NS BlueScope Malaysia Sdn Bhd and “the Customer” refers to the nominated parties in the Sales Contract.
- Property in the goods shall only pass to the Customer upon the receipt by the Company of the full purchase price. In the case of payment by cheque, payment shall not be deemed to be received by the Company until the same has been cleared by bank on which it is drawn. No contra or set off of whatever nature shall be accepted by the Company as a form of payment for the purposes herein. Furthermore, the Customer hereby irrevocably authorise the Company to repossess the goods without any previous notice and to enter any premises for the purpose of such repossession in the event that the Customer fails to make any payment when it is due or commences to be wound up or is placed official management or suffers a receiver of manager to be appointed or becomes insolvent or commits an act of bankruptcy or in the event that, in the sole opinion of the Company, the payment of any amount in respect of goods supplied by the Company is in jeopardy.
- Unless otherwise indicated, all prices for Goods are exclusive of all applicable taxes and charges. The Customer shall be liable for all excise, sales and value add taxes or any other tax, charge or government impost upon the Goods or any part of the Goods, or upon the manufacture, use, sale or delivery of the Goods in addition to the purchase price. Where Goods are subject to sales, services or value add tax, the Customer must pay that tax at the same time as payment for Goods is made.
- The Customer shall be responsible at all times for maintaining the Company’s goods in a secure location and in good condition. Pending full payment for the goods, the goods shall be physically segregated and clearly marked indicating that the Company as its rightful owner. Property lost as a result of theft or deterioration or for any other reason must be paid for by the Customer.
- Payment for goods purchased from the Company will be in accordance to the agreed payment terms between the Company and Customer. If the customer fails to pay the amount to the Company when it is due, then the Company will have the following rights in addition to any other rights it may have:
- To suspend deliveries to the customer whether under this contract or otherwise until all amounts due, including any interest payable thereon, have been received.
- To terminate the contract in relation to goods that have not been delivered.
All costs relating to any legal action taken by the Company to recover moneys due from the Customer will be payable by the Customer.
If the Customer makes default in any payment, commits any act of Bankruptcy or enters into voluntary liquidation, the Company may at its option, withhold further deliveries or cancel the contract without prejudice to its rights thereunder.
- No claim by the Customer for faulty workmanship or failure to supply goods conforming to the Customer’s orders shall be recognised by the Company unless made in writing to the Company within thirty (30) days after delivery of goods stating the Company’s order number and date of delivery. No claim for damage or resultant expense, direct or indirect, in respect of any goods shall in any case exceed a claim for the replacement of the goods or the invoice price of the goods in respect of which any damage or expense shall arise. All damage or expense over and above such invoice price shall be the responsibility of the Customer.
- If at any time before complete or partial delivery of the goods by reason of war, strike, industrial dispute, governmental interference, transport delays, accidents, fire, Acts of God, breakdown of plant, shortage of supplies or any cause whatsoever beyond its control the Company is prevented from making delivery at the time stipulated the Company shall be entitled, at its option, either to extend the time for delivery for a reasonable period or to determine the contract, and the Customer shall not in consequence have any claim or damages, and the Company shall be entitled to recover all sums owing to it in respect of deliveries made prior to the date of such determination.
- In no event shall the Company be responsible for any loss of profit, penalties, expenditure, damages or losses incurred by the customer arising out of any use of or dealing with the goods whether arising from any defect in the goods, unsuitability for the Customer’s purpose, negligence by the Company or its employees or agents or in any other way; the Company’s liability being strictly limited to replacement or repair as herein before set out.
- The Company shall not be bound to accept any change in product dimension, materials or finish, a reduction in the quantity ordered or other particulars of an order for goods after the Company has ordered special materials or commenced tooling for manufacture.
- These terms and conditions are to take precedence over any terms and conditions of the Customer and the terms of any head contract entered into by the Customer.
- All specified weights, measurements, capabilities and other particulars of goods offered are stated in good faith, but inaccuracies shall not vitiate any contract or be made the basis of any claim against the Company.
- These terms and conditions apply unless varied in writing by the Company.
- The failure of the Company at any time to enforce any of the Provisions of this Agreement shall not in any way affect the Company’s full right to require such performance at any time thereafter, nor shall the waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself, and this Agreement shall, in all respects, remain valid and the right of the Company thereafter to enforce each and every provision strictly shall remain unaffected.