GENERAL TERMS & CONDITIONS

1. All payments must be made to Makin Juta Sdn Bhd (hereinafter referred to as “MJ”) directly and payments by Cheque, Cashier Order, or Bank Draft must be made in MJ’s name - “Makin Juta Sdn Bhd” and crossed A/C Payee Only. Payment in full for this Sales Transaction shall be due upon delivery of the goods OR on an agreed credit term stated on the front hereof. After the due date, MJ shall be entitled to charge an interest rate of 1.5% per month on the said sum due thereunder. The prices stated are FOB supplying factories.
2. All payment due must be made by Buyer to MJ on due date. If any sum or any part thereof shall remain unpaid, MJ may at its discretion refuse to deliver further supplies until such payments are made. All payments received from the Buyer shall 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 MJ may appropriate any payments towards account of interest before principal in respect of any debt as MJ shall in its absolute discretion deem fit. Any discrepancies shall be in writing within seven (7) days from the date of this Sales Transaction, with a hardcopy delivered by hand (with acknowledgment) or by registered post to MJ. If no remarks are made within seven (7) days in accordance with the above, the account shall be considered as correct.
3. Title to each of the goods shall remain in MJ until the full purchase price and the above-mentioned charges for transportation, importation and taxes have been paid. Failure to pay the purchase price of the goods or the above-mentioned charges when due shall give MJ the right, without liability, to repossess the goods and/or without notice, to avail itself to any other legal remedy.   
4. Any time for delivery stated in the Buyer’s Purchase Order shall merely be a request by the Buyer and shall not be legally binding or be treated as a promise to deliver. Whilst MJ will use its best endeavour to comply with the estimated deliveries dates, MJ shall not be held liable for losses of any kind due to any delay in delivery or failure to deliver. In the event of non-delivery, both carriers and MJ must be notified within SEVEN (7) days from the date of expected arrival, otherwise MJ shall be discharged from any liability whatsoever. The Buyer further agrees that the non-delivery of the goods by MJ due to the failure of the Buyer to comply with the credit limit and/or clear the overdue payment shall not be regarded as a breach on the part of MJ and it shall not entitle the Buyer to claim for damages whatsoever from MJ.
5. The goods that are delivered to the Buyer shall be deemed to be in all respects in accordance with the order/request and the Buyer shall be bound to accept and pay for the same accordingly. Any dispute as to the description or quantity of the goods ordered shall be examined at the time of delivery and shall be deemed accepted and confirmed upon the signing of delivery order accepting delivery (whether delivered by third party or not). Delivery to site/designated place with signature from the person accepting delivery shall be conclusive proof of delivery. MJ shall not accept return of any goods correctly supplied and duly acknowledged receipt by the Buyer unless otherwise agreed in writing by MJ.  Complaints relating to the quality of the goods (if any) must be made by the Buyer within seven (7) days from the date of delivery, in writing and the hardcopy shall be delivered by hand (with acknowledgment) or by registered post to MJ’s address stated herein.
6.  The Buyer hereby agrees that the delivery of the goods shall be subject to the credit limit imposed by MJ and MJ shall be entitled at MJ’s sole discretion to withhold the delivery of goods should the Buyer fail to reduce or comply with the credit limit and/or clear any of the overdue payment.
7. Save and except for written warranties (if any) given by MJ to the Buyer, MJ does not give any warranties as to the quality, state, condition or fitness of the goods or their suitability for any purpose or for use of any specific conditions, notwithstanding that such purpose or condition may be known or made known to MJ. MJ shall also be under no liability to the Buyer either in contract or tort for loss, injury or damage sustained by the Buyer or any third party by reason of defects in the goods whether latent or otherwise but the Buyer shall keep MJ indemnified against any such claim.
8. Where MJ provides various types, designs, shapes, dimensions, grades, measurements, weight, size and colour in the descriptions of the goods, it is the Buyer’s responsibility to ensure that the actual description of each item is suitable for the Buyer’s purpose and it is the Buyer’s obligation to order as per the Buyer’s request and to check the suitability of the goods supplied. The Buyer acknowledges there might be colour variance of products supplied and if uniformity of colour is required, it must be specified in the Buyer’s order. The Mill Certificates shall only be provided if expressly requested in writing by the Buyer at the time the order for goods was placed. MJ shall not be responsible for failure to fulfil its obligation under the Sales Transaction due to causes beyond its control such as God’s act, Fire, War, Riots and the like.
9.  This Sales Transaction shall be governed by the laws of Malaysia. The Buyer agrees and confirms to subject to choice of court where the head office of MJ is situated or at Federal Territory of Kuala Lumpur and the same shall be deemed to be convenient to the Buyer. The Buyer shall be liable for all costs and expenses [including legal fees on solicitors and client or indemnity basis (whichever is higher)] incurred by MJ in enforcement of these terms & conditions.
10. Any notices, communications, demands, writ, judgment or other legal process shall be deemed to have been sufficiently given if sent by hand or by ordinary or registered post (or any such other forms as set by the postal authorities) to the address of the Buyer stated herein or to the Buyer’s last known place of business or registered address and shall be deemed to have reached the address in ordinary course of post. It is also expressly agreed that all invoices, delivery orders and statement of accounts may be sent via email or any of the modes stated in this clause as MJ deems fit to the Buyer and the same shall be deemed to have been received by the Buyer. The Buyer shall be required to inform any discrepancies in writing and send a copy of such notice by registered post within 48 hours from receiving of MJ’s documents.   
11. A statement of indebtedness in writing signed by one of MJ’s director/managers shall be conclusive proof of the amount of indebtedness of the Buyer to MJ and such indebtedness shall be binding and conclusive on and against the Buyer.
12. The Buyer hereby gives its unconditional and unequivocal consent to MJ to process the Buyer’s Personal Data (as described under Section 4 of the Personal Data Protection Act 2010) that have been furnished by the Buyer for the purpose of the transactions between MJ and the Buyer. MJ shall also be permitted to disclose and extend the use of the Buyer’s Personal Data to other entities within MJ’s group of companies, authorised agents and service providers, solicitors, industry trade associations, merchants, strategic partners, parties authorised by the Buyer or to any enforcement regulatory and governmental agencies as permitted or required by law, authorised by any order of court or to meet obligations to regulatory authorities. Further, the Buyer hereby gives its unconditional and unequivocal consent to any credit reporting agency or agencies for providing any personal and company information and/or data or to process the Buyer’s information, or to disclose or continue to disclose the Buyer’s information and/or data (in accordance to the provision of the Credit Reporting Agencies Act 2010 or as provided in such other written law) to MJ, including but not limited to providing report on the Buyer’s credit worthiness (without judgment or order of the Court) and conduct or continue to conduct credit checks on the Buyer.   
13. The Buyer acknowledges and agrees to be bound by the terms and conditions stated herein and shall exclude all usages of trade and supersede all prior and contemporaneous agreements and understanding of the parties hereto in connection therewith. Any conflicting or additional terms and conditions added in the Purchase Order or other form or any other document issued or sent by the Buyer is expressly rejected. No amendment, supplement or modification of the terms and conditions regarding the sale of goods shall be binding on MJ unless the same shall be in writing and duly executed by the parties hereto.
14. MJ reserves the right to vary these terms at any time and manner as it may deem fit and necessary. By placing an order with MJ, the Buyer agrees to all the terms and conditions stated herein and/or any of its updated versions which shall be updated at https://www.makinjuta.com.my/GTC.