3D Printer Sdn Bhd Terms and Conditions of Sale
These Terms and Conditions of Sale and any attachments govern the sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorized representative of each party, as part of or modification to the quotation.
3D Printer Sdn Bhd will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Deliveries are F.O.B. 3D Printer Sdn Bhd shipping dock and the prices quoted do not include customs duties, GST, freight or insurance. If buyer chooses to contract their own freight carrier, title and risk of loss shall pass to buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, 3D Printer Sdn Bhd will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. Buyer is responsible for lowering machine off the truck or indicating proper delivery instructions with 3D Printer Sdn Bhd Misinformation given to 3D Printer Sdn Bhd regarding proper delivery instructions, and as a result extra shipping fees are incurred, these fees will pass on to the Buyer. If the products are shipped freight prepaid, the buyer shall pay 3D Printer Sdn Bhd the appropriate freight and insurance charges, which will be shown as separate items on the invoice. Allow 2-3 weeks from purchase date and/or check clearance to ship out product. Delivery of product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases additional time may be needed for holidays and weekends. 3D Printer Sdn Bhd will make every attempt to keep the buyer informed prior to making a purchase if additional time is needed. 3D Printer Sdn Bhd will only refund the buyer for lift-gate and/or residential delivery in the event the carrier has failed to provide these additional services that were pre-purchased from the buyer. In the event the buyer chooses to pick up products or machine at carrier’s drop off location “after” purchasing lift-gate and/or residential service-be aware that a refund will not be given by the carrier or 3D Printer Sdn Bhd as the order for these services has been pre-paid and are included in the carrier’s itinerary for delivery. If the buyer chooses to pick up after purchasing said additional transportation services, the buyer will release 3D Printer Sdn Bhd and carrier from any liability once the buyer obtains the machine.
3.) DAMAGE AND SHORT SHIPMENT
In the event products are received damaged, keep all packaging material and contact both the carrier and 3D Printer Sdn Bhd in writing within THREE working days. In the event 3D Printer Sdn Bhd 3d printers, and other machinery is noticeably damaged, this may include broken crating or torn wrap, the buyer MUST indicate in writing on the driver’s release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.” This will give the buyer time to unwrap or unbox the machine for inspection. The buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine. Signing the driver’s form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine. 3D Printer Sdn Bhd in this case cannot help the buyer to file a claim to recover the loss of the machine. If the machine without doubt is visibly damaged, refuse to accept the machine on the grounds that it is damaged. Please call 3D Printer Sdn Bhd immediately to file a claim.
4.) PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) are in Ringgit Malaysia F.O.B. 3D Printer Sdn Bhd Selangor. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of 3D Printer Sdn Bhd to collect in connection with the sale or delivery of products described on any attachment shall be paid by buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with 3D Printer Sdn Bhd (Please send certificate with first order.) All orders are pre-paid, F.O.B. 3D Printer Sdn Bhd Selangor.
All goods sold are not returnable.
6.) LIMITATION OF WARRANTY
3D Printer Sdn Bhd Products are guaranteed for one year limited warranty for defects due to faulty material and bad workmanship. Parts and accessories carry a 3 month warranty. 3D Printer Sdn Bhd will repair or replace faulty goods and is not responsible for any consequential loss incurred due to faulty goods. Warranty does not cover normal wear, misuse or consumable items. 3D Printer Sdn Bhd warrants that the software will perform in accordance to the written materials for this product. 3D Printer Sdn Bhd warrants that the 3D Printer software works with Windows XP, Windows 7, Windows 8 and MAC. Also, under this warranty 3D Printer Sdn Bhd will see to it to provide the support services intended to make the software conform to its description and to correct operational defects. 3D Printer Sdn Bhd does not provide. The obligation of 3D Printer Sdn Bhd under this warranty are limited to replacing parts or repairing at its option and at its factory, of said products which shall, within one year after delivery to the customer, be returned to the Seller’s factory of origin, transportation charges prepaid and which are, after examination determined to be defective. 3D Printer Sdn Bhd does not do onsite repair work, but at its option will instruct and support the user on any repairs that may be needed at user’s location.
This Warranty shall not apply to any of such products which has been repaired or altered, except by the Seller or its authorised centres or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller’s part. In addition, it will never assume or authorise any other person to assume for the seller any other liabilities in connection with the sale of said products. Buyer further represents and acknowledges that 3D Printer Sdn Bhd has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall 3D Printer Sdn Bhd be liable for incidental or consequential damages (Including strict liability in tort). 3D Printer Sdn Bhd shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.
3D Printer Sdn Bhd warrants that your Product will be free from defects in materials or workmanship for one (1) year from your Purchase Date.
At its discretion, 3D Printer Sdn Bhd will repair or replace your Product, if it does not comply with this Warranty.
To make a Warranty claim, you must:
This Warranty applies only:
To a Product supplied new to You or by a Stockist;
If you use the Product for your own private or business purposes; and
You have not bought the Product for resale.
This Warranty will not apply if during the warranty period:
3D Printer Sdn Bhd advises that if you use non- Genuine Consumables, software, replacement parts or accessories, you may damage your Product and void your warranty.
8.) SAFETY PRECAUTIONS
Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by 3D Printer Sdn Bhd. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save 3D Printer Sdn Bhd harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes.
9.) DESCRIPTIONS OF EQUIPMENT
All weights given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice.
This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
11.) GOVERNING LAW
This agreement shall be construed in accordance with the laws of Malaysa and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from 3D Printer Sdn Bhd hereunder shall be subjected to the jurisdiction of the courts within Malaysa. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.
12.) MERGER CLAUSES
The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of 3D Printer Sdn Bhd in a document making specific reference to this transaction or after a transaction has been made.