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- In the interpretation of the Conditions, unless there is something in the Subject or context inconsistent therewith, the following expressions bear the followings meanings namely;
- "Contract" means any contract, agreement or arrangement to which the Conditions apply;
- "Customer" means the person, firm or company being the counterparty to which or whom the contract of sale for goods relate;
- "Goods" means the goods, products and/or merchandise being the subject matter of the contract of sale between Harvey Norman and the customer on the Conditions and on the Confirmation Order/Invoice printed on the overleaf of the Conditions; and
- "Harvey Norman" means Elitetrax Marketing Sdn. Bhd. Co Reg. No. 200301013807 (616227-D) Presently of Menara Harvey Norman, Level 5, No. 13A, Jalan 51A/219, Seksyen 51A, 46100 Petaling Jaya, Selangor Darul Ehsan, Malaysia and trading as "Harvey Norman"
- The terms and conditions set out in the Confirmation Order/Invoice printed overleaf (the "Confirmation Order/Invoice") (the Confirmation Order/ Invoice and the terms and conditions herein being collectively known as the "Conditions") form the entire agreement between Harvey Norman and the customer and all terms or conditions expressed or implied by law as owing by Harvey Norman are excluded but without prejudice to the rights of Harvey Norman at common law or equity.
- All goods are sold on an "as-is" basis with risk passing to the customer when the goods leave the warehouse or premises where they have been stored by Harvey Norman. The goods may be packed and/or prepared for delivery, will be delivered and installed (if necessary) all at the expense of the customer to the place(s) (within the geographical region of Malaysia and, if agreed, to a place outside the geographical region of Malaysia) specified by the customer provided access is reasonable in the opinion of Harvey Norman. Harvey Norman and the customer shall agree the time of delivery and failing such agreement, time of delivery shall be at the discretion of Harvey Norman. Where the goods are imported from outside Malaysia, the customer acknowledges and agrees that there could be delays in respect thereof and consequently, the time of delivery may be delayed for which the customer shall have no recourse of any nature whatsoever to Harvey Norman.
- Harvey Norman shall not be liable for any losses, damages or expenses sustained by the customer or any other person in consequence of any delay in delivery of the goods for any reason whatsoever if such delivery is delayed at the request of the customer or owing in the customer's inability to accept the goods for any reason or by reason of a lack of reasonable access to the abovesaid places specified by the customer or owing to some other cause beyond the control of Harvey Norman but where Harvey Norman is nevertheless able to deliver the same, then the customer shall be liable for all extra charges, losses or expenses incurred by Harvey Norman. If delivery is delayed as aforesaid, the customer shall not be entitled to cancel or repudiate any contract for the purchase of the goods or any other goods from Harvey Norman by reason thereof.
- No delivery of the goods may be deferred or goods returned except with the written consent of Harvey Norman and upon terms that will reimburse and indemnify Harvey Norman against all losses including profits. If for any reason whatsoever the customer fails to take or is unable to accept delivery or the goods, or Harvey Norman is unable to effect delivery of the goods, Harvey Norman may, at its option and without prejudice to its rights herein, immediately invoke its rights under clause 9 hereof, terminate and/or repudiate the Contract in respect of the goods and/or, if its storage facilities permit, store the goods until their actual delivery and the customer shall be liable to Harvey Norman for the reasonable cost (including insurance) of its so doing. Provided always that nothing herein shall create an obligation on Harvey Norman to so store the goods and prevent their deterioration. In the event Harvey Norman elects to store the goods, the customer agrees that Harvey Norman may, at any time, during such storage invoke its rights under clause 9 hereof upon which Harvey Norman shall be released from all obligations and liabilities under the Contract for the goods. This provision shall be in addition to and not in substitution of any other payment or damages for which the customer may become liable in respect of his failure to take delivery at the appropriate time.
- The goods shall be inspected by the customer immediately upon receipt. If the goods are considered by the customer to have been damaged, Harvey Norman must be notified contemporaneously accompanied by receipt of the goods by the customer failing which Harvey Norman shall not be liable for any claim, of any nature whatsoever, in respect thereof.
- The provisions of clause 6 shall not apply to any goods designated by Harvey Norman as being "showroom floor products" and/or goods that are on "special offer" or "sale" (or any other term used by Harvey Norman to indicate that the goods are being sold at a price that is less than the price which Harvey Norman would typically sell that good or similar goods) (all such goods being referred to as the "Offer Goods"). All Offer Goods shall be inspected immediately prior to the Confirmation Order/Invoice being issued and the issuance of the Confirmation Order/Invoice to the customer and the acceptance thereof by the customer shall be deemed by Harvey Norman that the customer has inspected the Offer Goods and has determined that the Offer Goods are undamaged, in good working order and otherwise in a satisfactory and acceptable condition.
- Notwithstanding anything to the contrary, property and title in the goods remains with Harvey Norman and property and title will not pass to the customer until receipt of full payment for the goods in cash or by way of cleared funds.
- The contract price for the goods, shall be that stated in the Confirmation Order/Invoice. Any Goods and Service Tax (if applicable) shall be borne by the customer. All payments shall be in Ringgit Malaysia and payment shall be made in the manner specified in the Confirmation Order/Invoice.
- It is hereby agreed that if the customer should on its part fail to observe or comply with any of the terms herein contained, any deposit, advance payment and/or pre-payment for or in respect of the goods shall be forfeited to Harvey Norman and Harvey Norman shall be at liberty (on its own account) to sell or otherwise deal with or dispose of the goods in such manner as it may deem fit. Any deficiency in price that may result in and all expenses attending a resale or attempted resale in respect thereof shall be made good and paid by the customer and recoverable by Harvey Norman. Any increase of price on a resale shall belong to Harvey Norman.
- Harvey Norman shall in no circumstance be under any liability for injuries, expenses, damages or consequential loss that may in any degree be attributed to the materials used in relation to the goods or its manufacture in respect thereof, the design of the goods or arising out of the installation of the goods by Harvey Norman. Any liability for breach of a condition or warranty whether implied by law or otherwise is limited in the case of goods to any one of the following (as elected by Harvey Norman):
- the repair or replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of repair or replacement of the goods or of acquiring equivalent goods.
- Harvey Norman may by written notice immediately terminate any Contract if the customer be declared bankrupt or if the customer be subject to a winding up order or have a petition presented for the winding up or the same or if a receiver and/or manager of its assets be appointed or if it shall breach or fail to perform any of the Conditions and may by written notice terminate any and all and any other Contract(s) forthwith but any such termination shall not affect any other rights or remedies which Harvey Norman may have in consequence of any such breach or non-performance.
- In the event of any act of foreign enemy hostilities (whether declared or not), revolution, insurrection or riots, industrial actions, strikes, walkouts, lockouts, breakdown of plant or force majeure, Harvey Norman shall be relieved of liabilities incurred under any Contract whatsoever.
- The laws of the Malaysia shall govern and apply to the interpretation of the Conditions and to any Contract.
- The customer irrevocably agrees that the courts of Malaysia are to have jurisdiction to settle any claim or dispute which may arise out of or in connection with the Conditions or any Contract and hereby submits to the jurisdiction of those courts.
