Terms & Conditions
Definitions
In these Terms and Conditions the following words shall have attributed to them the meanings specified:
- ‘EZIS’ shall mean EZIS (M) Sdn Bhd, whose principal place of business and registered office is at 2-191, Plaza Idaman, Jalan 6/21D, Medan Idaman, 53100, Kuala Lumpur, Malaysia.
- ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase goods whether a Consumer Trade Customer or Credit Customer.
- ‘Trade Customer’ shall mean a customer who buys goods for the purpose of a business and not as a consumer.
- ‘Credit Customer’ shall mean a trade customer to whom EZIS allows credit in respect of good purchased or agreed to be purchased.
- ‘Goods’ Shall mean all goods and services which the customer agrees to buy from EZIS.
- ‘Contract’ shall mean the contract between EZIS and the customer for the sale of goods by EZIS to the customer.
- ‘Catalogue’ shall mean any published promotional material produced by EZIS.
- ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Public Holidays.
- ‘Customer’s Registered Address’ shall mean the address of the customer that is already registered with EZIS or the address registered with the issuing company of any debit or credit card which is used as a mean of payments for goods.
General
- All orders for Goods are accepted by EZIS subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between EZIS and the Customer for the sale of Goods. EZIS accepts responsibility under these terms and conditions for its commitments to the Customer.
- Any substitute products that are supplied, and found not to be suitable will be collected at EZIS expense. Contact Customer Service to arrange for the goods to be returned.
- Any catalogue published by EZIS is an invitation to treat and not an offer to supply.
- Any advice or recommendation by EZIS or its employees to a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.
- All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.
- In the event of any material change to any description of goods since the date of publication of the last catalogue by EZIS, EZIS will advise the Customer of the revised description at the time of delivery of the goods or before where possible.
- EZIS reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.
- All prices for the Goods are in MYR (Malaysia Ringgit) and do not include the cost of carriage.
- Whilst every endeavor will be made to maintain the prices in the catalogue Maplin reserves the right to alter prices at any time.
- Any change in price will be communicated to the customer at the time of ordering.
Order Processing
- Where possible orders should be made using EZIS order codes (SKU) and a Customer number.
- EZIS reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged when Goods are despatched for delivery or collected from a EZIS Store. The exceptions to this being when EZIS has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation.
- If any goods are not available, customer will be informed and will be offered the option to continue to await delivery (lead time), accept an alternative product or cancel the order and receive a refund where funds have been taken.
- EZIS reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, EZIS may decline to accept any order. In the event that EZIS declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
- Trade Customers wishing to purchase Goods on account at a EZIS store will be required to provide a written purchase order containing the EZIS trade account number. This procedure is also required when a ‘call to collect’ product reservation is made at a Customer’s local EZIS store.
- Products reserved in accordance with condition 5 above must be collected within 5 working days from notification of goods arriving in Store, failing which EZIS will charge the Customer a restocking fee.
- In the event of cancellation of part of an order by a Trade Customer EZIS reserves the right to invoice for any difference between the selling price applicable for the final quantity despatched and the total price of the original order plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements(schedule and non-stock items) cannot be cancelled.
Payments
- Payment shall be made by the Customer for all money owed to EZIS in respect of orders placed for Goods.
- Under normal circumstances payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by, cash, cheque or major credit and debit cards: (MasterCard, Visa). Cheques must be made payable to “EZIS (M) Sdn Bhd” and crossed “payee only”.
- Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with EZIS. Payment is due by the end of the month following the month of despatch without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to EZIS, EZIS shall be entitled to: * Cancel the order and suspend further deliveries of Goods. * Charge an administration fee for any legal or other collection processes required to recover all monies due.
- If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
- EZIS may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part. in the event of any breach of these Terms and Conditions by the customer.
Delivery
- EZIS will aim to deliver Products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out on EZIS’s website or will be notified to the Customer at the time of receipt of order. Lead times on the EZIS website and are approximate only and EZIS shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery will be made to the Customer’s usual address as stated in its order, unless otherwise agreed in writing.
- Times and dates for delivery quoted in the EZIS catalogue or by EZIS’s employees are approximate only and EZIS shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of Products marked in the catalogue as requiring special handling may (because of their nature) take longer to deliver.
- If any delivery is late, the Customer must notify EZIS, and EZIS will endeavour to ascertain if the Product has been delivered or the expected delivery time of the Product to the Customer. EZIS may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable EZIS may also, at its discretion, offer an alternative delivery option. EZIS may notify the Customer if EZIS will be unable to fulfil any order for within the published lead time, and will provide alternative options. To the fullest extent permitted by law, these are the Customer’s exclusive remedies for late delivery.
Returns
- No Goods may be returned other than with the prior agreement in writing of the EZIS. Prior to returning any Goods to the EZIS for any reason, the Customer must contact the Company to obtain a returns authorization number ('RAN'). All Goods are returned at the Customer's risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to the EZIS and for providing proof of delivery of such return. Appropriate precautions must be taken in respect of Goods classed as 'static sensitive'.
- All Goods accepted for return should be returned for receipt EZIS within 7 days of delivery. The Customer should return the Goods to “Returns Department, EZIS (M) Sdn Bhd, 2-191, Plaza Idaman, No.70, Jalan 6/21D Medan Idaman, 53100, Kuala Lumpur” clearly quoting the Customer's account number, order number and RAN.
- Any Goods returned as 'unwanted' or 'incorrectly ordered' may at the discretion EZIS be subject to a restocking fee of 30% of the invoice value of the Goods (subject to a minimum charge of RM30.00).
Intellectual Property
- Goods referred to in any EZIS Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. EZIS owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of EZIS. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by EZIS and will not pass to the Customer.
Liability
- To the fullest extent permitted by law, EZIS shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees.
- To the fullest extent permitted by law, EZIS shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: * any express or implied terms of the contract between EZIS and the Customer, or of any order accepted by EZIS; * any duty of any kind imposed on EZIS by law; or * any defect in the Products or Services.
Force Majeure
- EZIS shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of EZIS in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of EZIS. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of EZIS: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of EZIS or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.