Terms and Conditions

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.

 

Your purchase of goods from www.tmpps.com.my (“website”1) is subject to these Terms and Conditions. By accessing and/or using the website, you accept these Terms and agree to be bound by them. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

 

We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us. You should therefore periodically visit this page to determine the current Sales Terms

 

All orders accepted by TMP shall be subject to the Terms and Conditions set out below:-

 

General

 

All orders for products and services on the TMP website are accepted by TMP subject to these terms and conditions. No other terms shall apply unless agreed in writing by an authorized signatory of TMP or expressly stated otherwise in these terms and conditions.

 

TMP is a distributor of products. Information about the products in the TMP catalog or web site is provided by the manufacturers and/or suppliers. Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, we shall not be liable to the Customer for any errors or omissions. TMP reserves the right to revise, correct or change without notice any publishing errors in its product details, descriptions and/or pricing which may occur in TMP’s catalogs and websites. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it.

 

These terms and conditions of sale do not apply to export transactions, to which separate terms and conditions of sale apply.

 

While TMP is a business-to-business wholesale supplier, this website is intended for use by business customers and consumers or private individuals.

Registration

 

To view our prices and place an order, you must register with us by creating an Account on our website. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.

 

You shall not misuse this website by creating multiple user accounts.

 

We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms

Prices

 

Prices can only be viewed upon registering an Account on our website.

 

Prices displayed on our website: (i) are in Ringgit Malaysia inclusive of SST where applicable; (ii) are offered to Customers that do not have other pricing arrangements with TMP; (iii) are subject to the Terms and Conditions herein; (iv) are available for orders placed on tmpps.com.my, by phone, or at any TMP branch locations; (v) do not include delivery, freight, handling fees, taxes, and/or duties; and (vi) are subject to change or correction at any time and without notice.

 

Unless otherwise stated, accessories shown in any image of goods are not included in the price.

Customers that have other pricing arrangements with TMP can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their account. Export orders will be subject to other pricing.

 

Ordering

 

Advertising of goods for sale made by TMP via the website do not constitute an offer to sell but an invitation to treat.

You and TMP may enter into a contract for the sale and supply of goods by you making an offer via the website to purchase goods at the price advertised on the website by:

  • Placing an electronic Order for the goods using the website
  • You confirm the Order details in accordance with the procedure on the website
  • You making payment in full inclusive of any applicable delivery and handling charges on the website
  • The acceptance of that from TMP by issuing an Invoice and Receipt to you.

 

We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order with us.

TMP reserves the right to decline to trade with and/or accept any order from any company or person, whether or not payment has been received, by giving notice of non-acceptance to the Customer via mobile text messaging, facsimile or email within a reasonable period from the date of receipt of such order by TMP.

Once an Order has been accepted by TMP, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order. Substitution of product shall not be allowed unless the product is already obsolete and superseded by its latest model.

If TMP is unable to supply any order / product due to unavailability of ready stock at our warehouse, the said order / product shall be, at the option of the Customer, (i) be put on back order and supplied when stock becomes available; or (ii) be cancelled and payment made for the said order / product, if any, shall be refunded in full to the Customer.

 

Payment

 

Payment terms shall be Cash on Delivery or Advance Payment.

 

Credit terms may be given to the Customer subject to TMP’s absolute discretion and the Customer shall make payment for the goods ordered by the 30th day of the month following the month in which the products are dispatched. All payments must be made without any set-off, deduction or counterclaim.

 

If any sums due is not paid by its due date, without prejudice to any other right or remedy available to TMP, all outstanding sums due from the Customer shall immediately become due and payable and TMP reserves the right to charge late interest of 8 per centum per annum on the said outstanding amount due until full payment is received by TMP.

 

Supply & Delivery

 

All delivery shall be made during Monday to Saturday.

 

TMP only delivers to locations within Malaysia.

 

If the goods that the Customer have ordered are in stock at our warehouse, we shall endeavour to dispatch orders within five (5) to twenty one (21) working days.

Goods that are unavailable for immediate delivery, TMP shall delivery the Order to the Customer within four (4) to eight (8) business weeks from the date you placed your Order. This time frame is the average lead time required by the manufacturer/suppliers. We will contact the Customer on receipt of the Order to notify them of the estimated delivery date. All orders are subjected to availability from the manufacturer/supplier. In the event TMP is unable to deliver your Order within four (4) to six (8) business weeks of receipt of your Order due to lack of stock from the manufacturer/supplier and/or obsolete stock, TMP shall give you notice upon which you may cancel your Order without charge, and TMP will arrange for a full refund of any payment made by you.

After you have completed your Order placement on our website, you will be prompted to select for the goods to be either :-

  1. Delivered to a specified address;

All delivery dates are estimates only and we shall not be responsible for any loss, damage and expense incurred by the Customer due to any shipment or delivery delays from our manufacturers/suppliers.

We shall not be responsibility for any delivery failures or delays by third party delivery contractors.

All items must be signed for at the point of delivery. In signing the Delivery Order, you are acknowledging that you have received all good(s) delivered in good condition and they are in no way faulty or damaged. If you discover any damage, incorrect or shortage with any item after accepting delivery, TMP must be notified in writing within five (5) working days whereupon we will provide you a replacement or repair. If we cannot repair or replace the item, we will issue a full refund. We reserve the right to determine the best course of action. We shall not be liable for or entertain any damage on delivery unless notified within the time period specified above.

 

Self collection from our warehouse

 

We will contact you by telephone, text or email to notify you when your Order is ready for collection.

Collection must be done within fourteen (14) days from the date of notification for collection and if not done within this time, we reserve the right to allocate those goods to another customer and re-order the said goods for you.

 

Returns & Cancellations

 

Once an order has been place with TMP, you are not allowed to cancel the Order unless and otherwise allowed by TMP at its discretion in writing and we shall recover from you any costs incurred due to this cancellation.

 

In the event of a partial cancellation from any order and subject to approval of such cancellation by TMP, we shall invoice you any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

 

All returns & cancellations are subject to the following conditions:

 

  • The goods are in perfect original condition and the packaging remains in an ‘as new’ state along with all original accessories (including manuals, warranty cards, certificate of authenticity). Goods must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the goods;
  • All returns must be made within 30 days from the date of delivery. The Customer must quote the invoice details or the TMP reference number on the TMP Customer Returns Form from the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price.;

 

  • Products returned must be packed and despatched, freight prepaid and clearly labelled to the following address:

 

Customer Service – Returns

Tools and Machinery Parts Supplies Sdn Bhd

Jalan TSB 1, Sungai Buloh Industrial Park

 

We shall not allow a cancellation or provide a refund or exchange simply because you have changed your mind, order wrongly or the goods are not what you expected.

 

All refunds shall exclude delivery charges paid if delivery has already taken place.

 

You shall receive your refund once your return has been processed less any delivery/handling charges via online banking to your account.

 

Title and risk in goods

 

Title and risk in goods shall pass to you on delivery or collection and after full payment (cash/cleared funds) has been received by TMP. If the Customer delays in paying us the full payment, TMP reserves all its right including but limited to legal recovery of the said sum and/or the right to the immediate return of all products where ownership has yet to pass to the Customer.

Warranty

 

Most of our products comes with a manufacturer’s warranty period unless stated otherwise. If any product is defective, you shall be entitled to a replacement or refund of the purchase price. These warranties however shall not be applicable to any defect arising from any improper use, failure to follow product instructions, or any repair/modification made without the consent of TMP.

 

Customer claiming for warranty must notify TMP in writing and must return the products as instructed and communicated by TMP.  All returns for warranty claim are subject to the following:-

  • Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect failing which TMP may refuse such claim due to lack of details and return the same to the Customer. All associated costs for this return shall be borne by the Customer.
  • Period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.

 

Disclaimer and Indemnity

 

To the fullest extent permitted by law (and without limitation to any other provision of these Terms), TMP excludes all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:

– you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.

– personal injury or property damage of any kind resulting from your access or use of the website.

– any unauthorized access to or use of the websites secure servers.

– any interruption or cessation of transmission to or from the website.

  • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.

–  errors, mistakes or inaccuracies on the website.

Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, TMP and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods purchased on it.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods are suitable for your purposes.

You will at all times indemnify, and keep indemnified, TMP including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.

 

Force Majeure

 

If TMP is prevented or restricted from carrying out all or any of its obligations under these terms and conditions by reason of any force majeure event including but not limited to including strikes, traffic congestion, the downtime of any external line, or Chee Fatt inability to procure services, materials or articles required for the performance of the contract except at enhanced prices in which is beyond the reasonable control of TMP, TMP shall be relieved of its obligations and not be liable for any delay and/or failure in the performance of its obligation during such period. Should such circumstances continue for a period longer than fourteen (14) days, TMP may cancel the affected order without any liability or claims from the Customer.

 

Governing Law

 

These Terms shall be governed by the laws and Malaysia. All disputes arising out of or in connection with these Terms shall be referred to the exclusive jurisdiction of the Courts of Malaysia.

 

Severability

 

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and TMP.

 

Assignment

 

If TMP merges, sells or otherwise changes control of its business or this website to a third-party, TMP reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that TMP has collected from you and any agreements it has made with you.

 

Waiver

 

Failure by TMP to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by TMP.