Terms and Conditions

As a valued customer of Tools and Machinery Parts Supplies Sdn Bhd (“TMP”), we would like you to be familiar with our trading terms to ensure that your experience with us is a satisfying one.

Please read these terms and conditions carefully. Except where TMP and a Customer enter into a separate written contract for the purchase of products and/or services, the following terms and conditions shall apply. By accessing or using this website, you are deemed to have read and agreed to be bound by the full Terms and Conditions contained herein. The Privacy Policy shall supplement and form an integral part of these Terms and Conditions. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

You further acknowledge and agree that TMP may at its absolute discretion and without prior notice, modify or amend these Terms and Conditions and such modification or amendment will be binding on you. Your continued use of the Site and/or the Services following any such amendment shall constitute your agreement to be continuously bound by the amended or modified Terms and Conditions.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “TMP”, “Ourselves”, “We” and "Us", refers to Tools and Machinery Parts Supplies Sdn Bhd. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves.

1. Use of Website

• To use or make a purchase through this website, you must either be (i) an Individual of 18 years of age or above and are capable of entering into a legally binding agreement under Malaysian law or ; (ii) Corporate Entity and any person using the Services on behalf of such corporate entities hereby represents that he or she has the authority to bind the corporate entity to these Terms and Conditions.
• To access or use this website, you must provide current, accurate identification, contact, and other information as part of the account registration process and/or continued usage of the website. You warrant that all information provided as part of your Account profile are true, complete, accurate and will be updated in a timely manner in the event of any change. Any personal data which you have provided to TMP during the account registration process or from time to time to use the Site shall be governed by our Privacy Policy.
• TMP reserves the right to deny you access and/or use of this website at any time for breach of any of these Terms and Conditions without prior notice and without liability to you.

2. General

• Advertising of goods for sale made by TMP via the website do not constitute an offer to sell but an invitation to treat.
• These terms and conditions are only applicable to orders within Malaysia. All export and international orders shall be subject to a separate terms and conditions. For further enquiry on international orders, kindly contact us at customerservice@tomac.com.my

3. Price

• Prices displayed and offered on this website are subject to change or revision at any time and without notice to the Customer and they do not include delivery charges.
• Prices displayed and offered on this website are offered to Customers that do not have other pricing arrangements. Customers that have other pricing arrangements with TMP can view their prices and the applicable discounts, if any, when logged into their Account. Export orders may be subject to other special pricing. For further enquiry, kindly contact us at customerservice@tomac.com.my

4. Sales Tax

• The Customer shall be responsible for payment of all applicable state and local sales tax.

5. Payment and Credit Terms

• Accepted methods of payment are credit cards, debit cards and online banking transfers. For Customers with credit terms with TMP, payment terms shall be net thirty (30) days or such duration agreed by TMP from the date of shipment or pick up of products.
• Credit terms and the limits of such credit given to the Customer is at the absolute discretion of TMP and may be reduced or revoked by TMP at any time for any reason whatsoever.
• All goods remain the property of the Company until paid for in full by the Customer. TMP reserves the right to charge the Customer late payment interest at the rate of 1.5% per month on any outstanding account.
• The Customer hereby unconditionally guarantees payment as primary guarantor for all purchases made by the Customer, its subsidiaries and affiliates and/or shall be jointly and severally liable for all purchases made by its subsidiaries and affiliates.
• In the event the Customer fails to make payment or comply with TMP’s credit terms, TMP may (i) defer and/or cancel all other unshipped orders until such outstanding payment is made; (ii) demand immediate payment of all amounts then owed; and/or (iii) commence legal proceedings for recovery of any outstanding payment due and owing by the Customer whereupon the Customer shall be liable for further interest and all legal expenses incurred by TMP.

6. Product Information

• TMP is a product distributor. Information about the products in this website are provided by the manufacturers and/or suppliers. Product depictions on this websites are for illustrative purposes only. TMP reserves the right to revise, correct or change without notice any publishing errors on this website including any error in the displayed price for the products on this website. TMP further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from TMP.

7. Intellectual Property

• TMP is a product distributor. Information about the products in this website are provided by the manufacturers and/or suppliers. Product depictions on this websites are for illustrative purposes only. TMP reserves the right to revise, correct or change without notice any publishing errors on this website including any error in the displayed price for the products on this website. TMP further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from TMP.

8. Limitation of Liability

• TMP shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from or in connection with any express or implied terms of the contract between TMP and the Customer; (ii) any duty whatsoever imposed by law arising out of or in relation to the contract between TMP and the Customer; (iii) any defect in the products; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

9. Assignment

• You shall not assign or transfer all or part of your rights, benefits and obligations under these Terms and Conditions without the prior written approval of TMP.

10. Waiver

• Any failure or delay by us to enforce or exercise any terms in these Terms and Conditions, rights and remedies at law or in equity shall not preclude any other or further exercise our rights and remedies.

11. Force Majeure

• TMP shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Grainger in the conduct of its business.

12. Entire Agreement 

• The terms and conditions in: (i) TMP’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire agreement between Customer and TMP.

13. Dispute Resolution

• These Terms and Conditions shall be governed by Malaysian law and in the event of any disputes arising out of or from the Terms of Conditions, you agree to submit to the jurisdiction of the courts of Malaysia.

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