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These conditions govern the sale and purchase of the goods ordered by Buyer from the Seller (“the goods”) and shall override any terms and conditions whether previously or hereafter stipulated incorporated or referred to by Buyer whether orally, in its purchase order or other documents.
Any time or date for delivery named by SEMIX SDN. BHD. or KCK KOK ENGINEERING SDN. BHD. (“the Seller”) is an estimate only, and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery.
a. Any time for delivery named by Seller is an estimate only and seller is not liable to make good any damages to make good any damages or loss arising out of any of any such delay.
a. The quoted prices for goods/services are subject to change or adjustment in the event of any imposition or increase in taxes, levies or duties whatsoever on goods/services, its components or raw materials.
b. The quoted prices are based on our mix design and inclusive of normal retarders but exclude other admixtures such as super plasticizing and water proofing agents. A surcharge of RM30/m3 for each concrete grades will be imposed for Water Proofing Mixes.
c. Prices exclude of the costs of independent testing and waterproofing admixture, both which shall be borne and paid by customer.
d. The quoted prices is based on maximum time allowed by the Seller for discharge of concrete at the Project Site which is 45 minutes from arrival of the mixer truck. Customer shall pay us RM 50.00 per hour (or part thereof) of delay/waiting time beyond 45 minutes.
e. The quoted prices are valid for delivered made during and after working hours as Seller as on Sundays and public holidays. However, for orders booked and cancelled on Sunday / public holidays and after 7p.m on any days, a minimum surcharge of RM 800/day lump sum will be imposed.
f. The prices quotes exclusive of excess concrete concrete return to our plant and it will valued and charged the following rates for disposal:
In the event the Buyer fails to pay any sums as and when due, the Buyer shall pay interest thereon at the rate of 1.5% per month by any of damages from the due date until the date of full payment.
Time within which the Buyer is to pay the goods/services shall be of the essence of this Agreement.
a. The seller shall be deemed to have made due delivery of the goods/services if the Seller delivers the goods/services at the site (‘Site’) or premises (‘Premises’) specified by the Buyer in the Purchase Order or otherwise and the Delivery order is endorsed by any person present at the Site or Premises. The Buyer shall be responsible for making all necessary arrangements to collect or take delivery of the goods/services at the Site or Premises. The Seller shall not be bound to ensure that the person collecting or taking delivery of the goods/services or endorsing the Delivery Order is properly authorised by the Buyer to do so and the Seller shall not be responsible or liable in any way for any loss or damage suffered or incurred by the Buyer to do so and the Seller shall not be responsible or liable in any way for any loss or damage suffered or incurred by the Buyer arising from or in connection with the said delivery or collection at the Site or Premises including without limiting to or the generality of the foregoing any loss of damage arising or resulting from the collection of the goods/services by or delivery of the goods to unauthorised persons.
b. Should Buyer fail to take delivery of goods, Seller shall be entitled (without derogation of its rights under Law) to charge Buyer for storage and insurance for the goods calculated from the date fixed for delivery until the date when Buyer takes delivery.
c. The concrete will be delivered to the Project Site/Delivery Location at all reasonable times subject to Customer providing accessible and Seller compact roads to and within the Project Site/Delivery Location for ease of delivery. All damage to the mixer trucks due to poor excess road(s) shall be made good by customer.
d. Seller shall not be responsible for any concrete delivered, misplaced or wrongly accepted after acceptance delivery orders or in cases where the concrete has been laid and cast.
e. In the event that any of the delivery orders is misplaced or not signed by customer respresentative during the supply, Seller reserves the right to invoice on the total progressive quantity on the delivery orders.
f. Seller reserves the right not to deliver goods if Buyer commits any default on any of the terms of sale as stated or if the amount outstanding at anytime exceeds any credit limit granted by Seller fails to confirm or verify in writing any Monthly Statement of Accounts.
The Buyer, its servants or agents, shall inspect the goods immediately upon delivery. Unless Seller received notice that goods are not in accordance with the Buyer’s order and the goods returned to Seller within 24 hours from the date and time of delivery, the goods shall be deemed to have been accepted by the Buyer PROVIDED ALWAYS Seller will not accept return of used goods and Buyer shall not reject and goods which are in accordance with Buyer’s order.
Notwithstanding any description of the goods given by the Seller no sale of the goods shall constitute or be constructed to be a sale by description.
Save and except for written warranties (if any) given by the Seller, the Seller does not give any warranties as to quality, state, condition or fitness of the goods or their suitability for any purpose of for use under any specific conditions, notwithstanding that such purpose of condition may be known or made known to seller.
Save and except as notified pursuant to Clause of Acceptance above, Seller shall be under no liability to Buyer either in contract or tort for loss, injury or damage sustained by Buyer or any third party by reason of defects in the goods whether latent or otherwise but Buyer will keep seller indemnified against such claim.
Risk passes upon delivery of the goods/services by the Buyer as specified in Clause of Acceptance and Clause of Risk herein.
If the Buyers fails to pay the Seller on the due dates any sum due and owning to the Seller or if the Buyer shall commit a breach of any of its obligations under this Agreement or if a receiver of the Buyer’s business shall be appointed or if a petition for the winding up of the Buyer shall be presented or passed (except for the purpose of reconstruction) or if the Buyer shall become bankrupt or commit an act of bankruptcy. The Seller may without prejudice to its other rights, and without giving prior notice, either suspend or cancel further deliveries under this Agreement or limit or cancel the credit of the Buyer as to time and/or amount or require payment in advance for all or any further deliveries and the Seller shall not be liable to the Buyer for any damages which the Buyer may suffer or incur by reason thereof.
Seller shall not be liable to Buyer for failure to deliver the goods by reason of any breakdown of plant, fire explosion, Act of God, or outbreak of hostilities, national emergency, Industrial dispute , shortage of labour, raw materials, energy or other causes beyond Seller’s control and which Seller is unable to prevent by the exercise of reasonable diligence, whether latent or otherwise but Buyer will keep Seller indemnified against such claim.
All amounts stated in the invoices and the Statement of Account unless disputed within 7 days of receipt thereof shall be deemed to be conclusive of the amounts due and owning by the Buyer to the Seller and shall be binding against the Buyer in any legal proceedings.
The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term condition warranty expressed or implied in favour of the Seller under the Sale of Goods (Malay State) Ordinance 1957 and or any statutory modification and re-enactment thereto for the time being enforced.
Any notices, communication or demands shall be deemed to have been sufficiently given if sent by prepaid post to the address of the addressee stated herein or the addressee’s last known place of business and shall be presumed to have been served after three (3) days of posting the same.
No failure or delay by the Seller in exercising any rights hereunder shall operate as a waiver thereof nor shall any single or partial exercise or any right preclude any further exercise thereof or the exercise of any other right.
Notwithstanding anything herein contained, the Seller reserves the right at anytime vary terms or terminate this Agreement or any Contract for the supply of goods or suspend or stop delivery of any goods or limit or cancel the credit of the Buyer whether as to time and/or amount without giving any reasons whatsoever and to demand full settlement immediately of all sums that may be due and owning by the Buyer at any point of time notwithstanding that the credit period for payment has not expired.
The seller shall have full and unfettered discretion and hereby reserves the right at any time to vary the credit limit and credit period contained in the Credit Application Form or to suspend or revoke the credit facility granted for any reasons whatsoever without giving any notice to the Buyer.
Any statement of indebtedness in writing signed by any seller’s officers shall be conclusive proof of the amount of indebtedness of the buyer to the seller.
Notwithstanding anything contained in these Terms and Conditions to the contrary or otherwise, the Seller’s sole and entire liability for any demands, claims or actions which the Buyer or any third party may have against the Seller at law or in equity, shall be limited to the amount of the transaction involved which gave rise to the claim and the Seller shall not be liable for damages for negligence, breach of contracts, loss of profits, savings, goodwill, or any type of special, exemplary, incidental, indirect or consequential loss or damage howsoever arising whether or not the Seller has been advised of the same.
Title to the goods remains vested in Seller until Seller received the full purchase price. If such payment is overdue, the Seller may without prejudice to any other rights sue for the purchase price, recover or re-sell the goods and the Buyer grants the Seller, its servants/agents the right and/or licensed to enter the Buyer’s premise and/or any other premise where the goods are stored. If any of the goods are sold by Buyer before title has passed to Buyer, Buyer shall hold the proceeds of sale and all rights against purchasers in trust of Seller
Notwithstanding anything herein contained, Seller reserves the right to limit/cancel the credit of the Buyer as to time and/or amount without giving any reasons thereof and to demand full settlement immediately of all sums that may be owning by Buyer notwithstanding that the credit period has not expired.
All payments received from the Buyer will be applied towards settlement of the Buyer’s oldest debts comprising of the earliest invoices, debit notes (including debit notes for overdue interest) and other charges howsoever arising Provided Always Seller may appropriate any payments towards account of interest before principal in respect of any debt as the Seller shall in its absolute discretion deem fit.
All amount stated in the invoices and statement of accounts of Seller shall be conclusive of the amounts due and owning by Buyer to Seller and shall be binding against Buyer in legal proceedings.
Seller entitled to set-off against Buyer’s debts all monies now or hereafter standing to the credit of Buyer’s account with Seller or with any company within SEMIX subsidiaries company and for this purpose Buyer shall give irrevocable authority to Seller, to collect on behalf of Buyer and give valid receipt and discharge in respect of all such monies owning to the Buyer.
The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term condition warranty expressed or implied in favour of the Seller under the Act or any statutory modification and re-enactment thereto for the time being enforced.
Buyer shall indemnify Seller against all damages, claims, costs and expenses which Seller may become liable as a result of work done or goods sol in accordance with Buyer specifications which involves infringement of any patents, registered designs or trademarks.
This Contract shall be constructed in accordance with Laws of Malaysia and the partiers hereto hereby agree to submit to the jurisdiction of the Malaysian Courts.
The Buyer consents and warrants that the Buyer has obtained the consent of all persons named in this application or such other document submitted to the Seller in support of this application (jointly referred to as “Relevant Person”) for the Seller, its agents and representatives to conduct credit checks and verification of information given pursuant to this application with any credit bureau or corporations set up for the purpose of collecting and providing credit or other information.
The Seller adopts a zero tolerance policy against corruption. The Seller’s Anti-Bribery and Corruption Policy and the Whistle Blowing Policy and Procedure can be viewed at XXX Seller address stated herein and the contents therein shall be deemed have been read and accepted by the Buyer.
The quantity of delivered concrete shall be based on the delivery orders. Any disagreement of the quantity of concrete supplied must be notified in writing within THREE (3) days after delivery and before the structure is covered where applicable after which no claims shall be entertained. If disagreement on quantity is reported within the 3-days period. A joint measurement at site shall be conducted and the following wastage allowance must be allowed for the inclusion in the final calculation of volume supplied;
a. Seller Ready-Mixed Concrete is manufactured in accordance with relevant requirements stipulated in BS5328:1990 specified for Ready-Mixed Concrete the grade/grades of concrete quoted constitute the minimum compressive strength at 28 days. The compressive strength of the concrete supplied shall be based on only test cube results of the concrete supplied in respect of which BS 1881:1983 provisions on specification of concrete handling and testing shall be adhered to and the characteristic strength of concrete supplied shall comply with the relevant provision of BS5328:1990. Sampling for test cube(s) shall be taken from the discharge chute of the mixer truck(s) during discharge of concrete. If the concrete quality is conclusively found to be below the quality in accordance to he requirement herein and/or concrete fail to meet the compressive strength requirement, assessment of concrete compressive strength in accordance to BS 1881:1983, our liability shall be limited to delivering to customer concrete equivalent to the volume of defective concrete and we shall not be liable to customer for any other losses or damages (whether direct, indirect,special, consequential or otherwise),expenses, costs, charges, liabilities and/or claims incurred or suffered by customer due to or attributable to the defective concrete.
b. Seller shall not be responsible for concrete failure or rejects attributes to the following scenarios:
WHERE