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 order
from e-ordering.com on order of any product or products listed as order items
on this Website ("Products"). You acknowledge that you are fully aware of the
contents of these terms and conditions and, on placing any order for the Products;
you agree to be bound by and accept these terms and conditions.
Definitions
- "e-ordering" is an electronic ordering web portal for manufacturers and suppliers.
-
"Product(s)" means product(s) and/or its/their peripheral
product(s) by e-ordering listed as order items on this Website and forming
the subject matter of this contract as identified by User in the order form.
- "User" means a person who orders goods via this Website which are provided by the participant companies.
-
"Order Number" means the User purchase order Number automatically
generated and provided to User by the participant by email upon User placing
an order.
- "Working Day" means a day, on which commercial banks in Malaysia are open for business, excluding Saturdays.
Order/Formation of Product
All orders of the Products placed by User via this Website shall be subject to acceptance by the participants, which acceptance is at the discretion of the participants as well. Upon User placing an order, a unique Purchase Order Number will be automatically generated and provided to User to facilitate tracking of User's order. The provision of such Purchase Order Number does not operate as an acceptance of User's order and merely serves as confirmation that User's order has been received by the participants. These terms and conditions shall become the Contract only when the status of User's order has reached "Checked" status. User may view their order status by login to e-ordering.com and click on "Order History" link in the participant's page. It is not e-ordering.com responsibility to notify User regarding the order status changes. The participants will only accept orders for delivery of the Products to the street address of User in Malaysia and reserves the right to limit quantities of the Products purchased or termination of order in any order.
Price and Payment
Pricing of the Products shall be as stipulated in the official price lists published by the participants from time to time in force as at the date of placement of orders by User. Product Prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from the participants to User within Malaysia, which shall be borne by the User or the participants.
Title, Risk of loss or damage Title and risk of loss and damage to the products shall refer to the participants.
Telephone Support e-ordering will not offer support to User for problems relating to any software or hardware products licensed or manufactured by other party. If User needs such support, User should contact the respective supplier or participant 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 USER'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 authorized 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 The participants may update or discontinue any of Products/free gift and/or revise prices for the Products listed as available items on this Website or elsewhere at any time. Therefore, User 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 User or in any course of dealing.
Waiver/Invalidity Failure of e-ordering 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 and Jurisdiction 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 User's order has been received and/or entered and accepted.
Heading 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. |