SCH GROUP E-Commence Terms and Conditions Policy
Welcome to Sin Chee Heng Sdn. Bhd.
Thank You for selecting our Products and Service (“Products and Services”). The Products and Services are provided by SCH Group Berhad which can be located at the main headquarters at Lot 35, Jalan CJ 1/1, Kawasan Perusahaan Cheras Jaya, 43200 Cheras, Selangor Darul Ehsan, Malaysia, or at our designated branches known as;
· SCH (Butterworth) Sdn. Bhd.
· SCH (Kuantan) Sdn. Bhd.
· SCH (Johor) Sdn. Bhd.
· SCH (Sabah) Sdn. Bhd.
· SCH (Sarawak) Sdn. Bhd.
By using our E-Commence Platform (the “Website”), you are agreeing to these terms and conditions (“Policy”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the (https://ecommerce.hextarindustries.com) operated by SCH Group.
Our Products and Services are very diverse, so sometimes additional terms and conditions or product requirements may apply and be updated into this Policy from time to time. We will announce at our Website Link of any updates and you must always take note of the update in order to keep yourselves aware of the latest Terms and Conditions.
2. Application of Terms and Conditions
I. These terms and conditions apply to all quotations, offers, and purchase orders accepted by Sin Chee Heng Sdn. Bhd. and to all Products and Services sold or otherwise supplied by SCH Group Berhad to the Buyer.
II. These Terms and Conditions may not be varied or canceled unless the variation or cancellation is done by SCH Group.
III. In the event of any conflict or inconsistency between the terms and conditions herein and the terms and conditions contained in the order agreement between ourselves, we shall have the right to review both agreements and rectify the changes of either terms and conditions for the Parties best interest.
I. Each of the Client’s order must be from this Website and will be binding to Us only if we give a written acknowledgment of its acceptance of these Terms and Conditions.
II. If Products or Services are supplied by the Company without an order confirmation, Our conduct in accepting and fulfilling an order will be deemed to constitute the order confirmation and Our delivery order and invoice will constitute evidence of the order confirmation.
III. Products and services are subject to our stock availability. In order to gain an update on the stock availability, please access the following website www.schgroup.com.my/ecommerce
IV. All notices of cancellation or variation of orders must be submitted by the Client via this Website. Submission by writing is only accepted if We agree to the method. However, all notices of cancellation or variation may be accepted or rejected by Us at our sole discretion.
V. Upon confirmation of the Order, our sales team will contact You to brief You on the information of your Order.
I. The prices of the Products and Services are set out in our price list at our Website via the link below; based on the current exchange rates, tariffs and costs of manufacture. Prices are subject to correction for error. We reserve the right to change prices for our Products and Service and any applicable price list without notice to the Client. We have the right at any time by giving notice to the Client to adjust the agreed price if cost factors that determine the price (including, but not limited to the market prices of Products and Services, ingredients, raw materials, transportation, insurance, exchange rates, and taxes) are increased between the date of the order and the delivery date.
II. The Client shall make the full payment via any payment gateways or methods in the Website prior to the delivery of the Products and Services, We reserve the right to hold the delivery until we have receipt proof and evidence of the payment by the Client. We shall not hold any responsibility for the loss suffered by the Client for the delay in the delivery caused by late payment. Payment shall be made within a day from the date of confirmation order.
III. Unless otherwise stated, all prices are inclusive of delivery costs to the Clients store or shop within a specific territory as determined by Us. For delivery and transport to other delivery sites requested by You, destinations or regions outside the specific territory, any additional charges incurred in delivery and transport shall be borne by the Client.
IV. Prices are exclusive of all taxes, Sales and Service Tax (“SST”) or other similar tax. If SST is payable on any supply made by Us, We will provide You with a tax invoice and the Client must pay Us the full invoice value, including the SST.
V. Unless other stated, Our quotation shall be null and void unless accepted and payment fully made by the Client within fourteen (14) days from the date of quotation.
I. The tax invoice for the Products and Services are payable within the credit terms as specified on the tax invoice or via the payment gateway methods stated in the Website, or in the absence of such conditions, to be payable at the end of the month of the date of the invoice.
II. The Client will pay all amounts due under these terms and conditions to Us and the Buyer shall not assert any credit, set-off, or counterclaim on any grounds whatsoever by direct transfer to Our nominated bank account or in any other manner specified by Us from time to time.
III. If payment is not made in accordance with these terms or conditions, or if at any time the credit standing of the Client, in the opinion of the Company, is at risk or has been impaired, the Company may without limitation,
a) suspend or cancel an order or delivery of any Products until alternative arrangements as to payment or credit in terms satisfactory to the Company have been agreed; and
b) charge the Client interest on such sum from the due date for payment at the annual rate per month until payment is made.
IV. The Client may not withhold or set off any payment or make deductions from any amount owing to the Company without the Company's prior written consent.
I. The Company’s delivery coverage only extends to West and East Malaysia. Any further cost on delivery outside the coverage of Our limitation shall be borne by the Client themselves.
II. The delivery turnaround times for the Products and Services to the Client shall be as follows: (Note: The Company shall at its discretion amend the turnaround times from time to time without notification to the Client)
a) For West Malaysia Transmission, the delivery turnaround times shall only be from Monday to Friday and not including Saturday, Sunday, and Public Holiday. For courier or personal service, the Client should receive the Product and Services within 7 days. Whereas, for local transportation, the Client should receive the Product and Service within 15 days.
b) For East Malaysia Transmission, the delivery turnaround time shall only be from Monday to Friday and not including Saturday, Sunday, and Public Holiday. For courier or personal service, the Client should receive the Products and Services within 7 days. Whereas, for Ocean Freight, the Client should receive the Product and Service within 30 days or more.
III. Delivery times are given for information only and are no more than an estimate by the Company and will not be binding upon the Company. The Company is not liable for any costs or other loss caused by reason of any delay in delivery. The Company may extend the delivery schedules or may, at its option, cancel the Client’s order in full or in part without liability other than to return any deposit or prepayment which is unearned by reason of the cancellation.
IV. Delivery locations are not available for deliveries to quarry sites in Malaysia.
V. Promotional Delivery Package;
a) Free delivery for courier service within West Malaysia only;
b) Free delivery for courier service to East Malaysia for purchases of the Products and Service which amount to RM3,000 or above in a single transaction.
VI. For local transportation and ocean freight charges, the charges will be according to the standard price imposed by the logistic companies which shall be borne by the Client unless further stated by the Company.
7. Return Policy on Products
I. Products may only be returned to the Company with Our written consent and subject to the following:
a) If any of the Products are found damaged, defective and unusable upon its delivery to the distributor or customers, the returned Products must be delivered to the Company at Our expense within 10 days of their receipt by the Client in good order and condition, unsoiled and in their original packaging together with a despatch note stating the original delivery orders, invoice numbers and the date of purchase.
b) All returns of the Products must specify delivery order or tax invoice number. No returns will be accepted without authorization from the Company and a return credit note will not be issued.
c) Even after the Company has authorized the return of Products for credit, The Company reserves the right to adjust the amount of any credit given to the Buyer on the return of the Products based on the conditions of the Products on arrival in Our warehouse.
d) Credit for returned Products will be issued to the Buyer only where such Products are returned by the Buyer and not by any subsequent owner of the Products.
II. We reserve the right to inspects for defects or damage prior to the return of the credit to the Buyers.
III. If the product received is defective or damaged during the transportation, please contact the sales representative for investigation and replacement of the Products
IV. Products and Services sold are not refundable unless agreed by an authorized representative for the Company.
V. Defect products are one to one replacement, no refund will be available as goods sold are not refundable.
VI. Due to the nature of our products, all purchases and sales are final. The Company may, at its discretion and on a case to case basis, agree to allow, the Products to be returned subject to authorization by a representative of the Company. Under no circumstances will returns be accepted otherwise.
I. The Company has no liability for replacement thereof or other damages in connection with the Products in the Website sold to the Buyers subject to Section 7 (Return Policy Products).
II. None of the Products in the Website is subject to any guaranty, warranty, or another indemnity beyond the applicability unless otherwise consented by a sales representative of the Company.
III. Warranty is only given to the Buyers who purchase Our Selected Equipment with a warranty attached on it.
9. Title and Risk
I. Title to the Products or any part thereof shall not pass from the Company to the Buyer until all payments due have been duly paid in full.
II. If the default is made in any of the payments beyond its due date for payment, the Company is entitled to notify the Buyer of its intention to take possession of the Products. The Company shall be free to enter the premises where the Products may be located and remove them as Our property, without prejudice to Our right to recover any further expenses or damages We may suffer by reason of such non-payment.
III. Risk of loss or damage shall pass to the Buyer when the Products are delivered to and accepted by Buyer or when the Products are collected by the Buyer for loading into the vehicle of the Buyer, its carrier, or another agent.
10. Liability and Disclaimer
I. The Company shall not be liable for and shall be held harmless by the Client from any damages, losses or claims of whatever kind, contractual, consequential loss or incidental, direct or indirect, arising out of or resulting from the sale of the Products and Services including, but without limitation, the manufacture, repair, handling, use, operation or dismantling of the Products and any claims, actions, suits and proceedings which may be instituted in respect to the foregoing and Our liability is limited to those set out in this Policy and under the statute.
II. The Buyer shall indemnify Us and keep Us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Buyer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of the Agreement.
III. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the Company shall be subject to correction without any liability on the part of the Company.
IV. The Client should take note that all materials displayed on the Website are not guarantee/conditions/warranties as to its accuracy.
V. Accessibility to the Website is at the risk of the User. We will not be liable for any loss or damage suffered to the User's computer system, data, or other proprietary materials caused by a virus attack or other technologically harmful materials due to your use of Our Website or downloading of any materials posted on Our Website.
VI. We will not be liable for any liability for death or personal injury arising from Your negligence of use of Our Products.
11. Products Specification
I. Samples and catalogs in the Website are to be considered non-binding material for illustration and/or test purposes, giving only an approximation of properties and specification.
II. Specifications of the Products, especially pictures, drawings, data about weight, measure, and capacity contained in offers and brochures on the Website are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty, but merely a description or labeling of the Products.
III. The Products' dimension, description, weight, colors, and size will have a five (5) percent variation when compared to the actual product received.
12. Intellectual Property
I. The information and data contained in any document or Website supplied by the Company shall remain Our exclusive property along with all intellectual property rights (including but not limited to copyrights, trademarks, patents, registered designs, names, plans, logos, specifications, licenses, and documents) relating to the Products and Services.
II. To the extent that the Products are sold under a trademark of the Company, its related corporations, such Products may not be altered, modified, or infringed by the Buyer.
13. Contact and Billing Data
I. All information furnished by You for the purpose of or in connection to the utilization of the Website shall be true, accurate, and completed in every material respect on the data such information is stated or certified and does not and will not contain any material misstatement of fact or omit to a state a material fact or any fact necessary to make this statements contained therein not misleading.
II. Please notify us by contacting or emailing us at; in the event the following occurs, the payment method is canceled, disruption on your payment method, unauthorized disclosure or use of your username and password, or other related problems pertaining to the Website or the Platform:
Representative | Vivian Koo
No. Tel | 03 - 9082 2681/ +6016-322 4001
No. Fax | 03 - 9082 9691
Email | email@example.com
14. Responsibilities of Account
I. You shall maintain the confidentiality of your personal account login information.
II. Users and account holders are fully accountable for all activities and transactions occur under your account.
III. The Company will not be liable for any unauthorized use of Your account or damage arising from the failure to comply with the above requirements or the Terms and Conditions set in this policy.
I. No neglect, delay or indulgence on the part of the Company in enforcing these terms and conditions will prejudice the rights of the Company or be construed as a waiver of any such rights.
II. If any provision of the Policy is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or unreasonable, it shall be read down so far as necessary to give it a valid and enforceable operation, or, if that is not possible, it will be severed and the remaining provisions of the Policy shall continue in full force and effect
III. This Agreement and these terms and conditions shall be governed by and construed in accordance with the laws of Malaysia. The Malaysia courts shall have exclusive jurisdiction to resolve any and all disputes between the parties arising out of or in connection with the existence, validity, performance and/or termination of the Agreement and/or the contract which the parties are unable to amicably resolve. The English version of this Agreement shall prevail notwithstanding the translation of the whole or part of this Agreement into another language.
IV. You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Policy, do not access and/or use the Site or Services.