- "Agreement" means the Order placed by You and these Conditions of Use.
- "Sun-East" "We" "we" "us" means Sun-East Homes Sdn Bhd (Co. No. : 738448-X)
registered office: Suite 20.04C, Menara MAA, Jalan Dato’ Abdullah Tahir, 80300 Johor Bahru, Johor, Malaysia.
- "Price" means the price of Products quoted, ex-West Malaysia.
- "Products" means the goods described in the Order to be provided by Sun-East Homes Sdn Bhd to you pursuant to this Agreement.
- "You" "you" means the other party to this Agreement.
- Purchase of Products
- You hereby agree to purchase the Products subject to these terms and conditions.
- All sales orders will be subjected to our confirmation via e-mail or telephone.
- For cancellation of sales orders, please do inform us and get our confirmation first.
We do not acknowledge the cancellation of any sales order without our confirmation.
- The products are delivered free of transportation charges only within West Malaysia.
For delivery locations outside West Malaysia, You will have to bear the additional costs
for air/ocean freight, postage, packing and insurance where applicable.
- Title and risk of the Products shall pass from Sun-East to You or Your appointed delivery addressee at
Sun-East's company gate.
- Any kind of tax, fee or charge of any nature whatsoever imposed by any governmental authority,
on or measured by the transaction between Sun-East and You shall be paid by You in addition to the
prices quoted or invoiced. In the event Sun-East is required to pay any such tax, fee or charge, You will reimburse Sun-East for these tax, fee or charge at the time the order is submitted.
- You must give Sun-East notice of non-delivery or non-conforming or damaged Products within 21 days of the date of invoice.
- For any delivery, indicating the correct and existing delivery address is important and necessary. Please inform us 2 days in advance if you change the delivery address.
- Payment Terms
- Invoice amount is due and payable in full without deduction or withholding within 30 days from the date of invoice,
unless stated otherwise on the Invoice.
- We reserve the right to amend any errors or omissions contained in a quotation and charge the current price as at the date of dispatch.
Such amendments will be referred to You for reconfirmation of the Order.
- All payments will be in Malaysia Ringgit (RM) for Malaysian customers. Otherwise payments will be in Singapore Dollar (SGD) or US Dollar (USD).
- Timing of payment is of the essence. You are to bear any bank clearance charges and no deduction will be allowed.
- You agree to pay all costs, including, without limitation, reasonable attorney and accounting fees and other expenses of collection resulting from any default by You in any of the terms hereof.
- You warrant that
- You have full power to enter into this Agreement.
- You accept full responsibility for the use and misuse of the Product and for the safe disposal of all Products in accordance with legislation in force at the time. We draw your attention on our health & safety statement below.
- You shall at all times fully and effectively indemnify Sun-East and hold Sun-East harmless against all losses, actions, claims, demands, costs (including reasonable legal costs), expense and liabilities of whatever nature incurred or suffered by Sun-East arising out of or relating to any breach of this Agreement.
- All other warranties express or implied are hereby excluded. Furthermore no license of immunity under any patent is granted or is to be implied by or form part of our sale of any Product.
- All claims must be brought within the shelf life of the product or one(1) year of shipment, whichever is shorter, regardless of nature.
- You are responsible to provide us all your licenses which is necessary for purchasing and storage (e.g. Poison License, Storage License and so on) of Products controlled by the government and/or any other relevant bodies.
- Other than the limited warranty set out in (c) above we make no warranties, express or implied, including without limitation, all implied warranties of merchantability and fitness for a particular purpose or otherwise,
except where Our liability cannot be limited by law. We will be liable to you for loss suffered by a breach of this warranty up to an amount not exceeding the Price for the Products in question. We will not be liable for any consequential, indirect, loss of profit, special or punitive damages incurred or suffered by You or your director, officer, employees or agents, however arising, in connection with this Agreement.
- All purity definitions for Our products are indicative and therefore subject to change.
- Please refer to the Buffalo eStore website for the specification of a specific product. However, please note that this may not be the same batch of Products that would be delivered to You.
- Certificates of Analysis for Your specific lot number are available on our website or on request which you have to give us at least 3 days to obtain from the country of origin.
- Certificates of Analysis are only supplied when you request during the delivery. We reserve the right to make a charge for the catalogue.
- No return of chemicals will be accepted where you have imposed your own quality parameters unless these have been stipulated on the order and agreed to in writing by Sun-East.
- Compliance with laws and regulations
- We provide Material Safety Data Sheets, available on our Buffalo eStore website, or on request which you have to give us 3 days to obtain from the country of origin
with all of the compounds listed in our catalogues. In accordance with current legislation, the compounds are for supply to qualified personnel only.
They should be used in suitably designed laboratories for chemical and allied research, human or animal applications.
Some of the products are not suitable for the following uses, including, but not limited to: in vitro diagnostic purposes, food, drug, cosmetic, agricultural or household use; and should never be used for these applications. Warning information on labels should be heeded and careful consideration given to the possibility of hazardous reactions between chemicals. Products should be stored in accordance with the instructions given on MSDS and labels, away from heat sources, usually in a cool, dry area. Precautions must be taken to avoid contact between chemicals and skin, eyes or mucous membrances. Appropriate ventilation should be provided and air extraction and protective clothing used if necessary. Our Safety Officer may be consulted on any relevant matters regarding our products.
- You acknowledge that you are responsible to provide us all the licenses required for the delivery, storage and application of any Controlled Products.
- Limitation of Liability
- Neither party excludes or limits its liability for death or personal injury or for fraud.
- Subject to clause (a) above, neither You nor Sun-East shall in any circumstances be liable, whether in contract, tort (including negligence) or otherwise, for indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused (including without limitation, loss of profit, loss of the obligations under this Agreement unless you have been previously advised of the probability of Sun-East incurring such loss and damage.
- We are not responsible for stock in origin manufacturer.
- We are not able to guarantee the availability of Product(s) in the event that these items may not be sold in Your country under any applicable legislation.
- This Agreement may be terminated forthwith upon notice in writing:
- By Sun-East if You cease trading or become insolvent or have a winding up resolution or order passed or have a liquidator, receiver, trustee, administrator or analogous appointments with creditors.
- A request made by you for cancellation of an order may be granted by us. In the event that we do accept a cancellation, we reserve the right to charge a handling fee of not less than 30%.
- Sun-East may either refuse to accept or cancel and order in circumstances where we have reason to believe (acting in good faith) that shipment will breach a law or regulation or trigger an import license requirement or can not guarantee a safe and compliant handling and/or delivery of the Product(s).
- Applicable Law
- This Agreement is governed by Malaysia Law and disputes will be decided in Malaysia Courts.