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. Ordering

 To place an order :

• Place an order by selecting your products, add them to the shopping cart & amend quantity
• Select shipping method
• Check order details including the applicable delivery charge
• Provide shipping & billing information
• Make payment / Submit Order without payment for Customers with credit terms
• Customer will receive a Confirmation of Order via email notifying the Customer of the Company's acceptance of your order and agreement to supply the goods to you.
• Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication or email permitting the cancelled Order. Substitution of product shall not be allowed unless the product is already obsolete and superseded by its latest model.
• If the Company 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 to the Customer. Any cancellation must be made within 7 days from the date of notification to the Customer. For further information, please refer to our Return and Exchange policy.

7. Delivery or Self Collection

• All local orders within Malaysia shall be despatched from our warehouse within 5 working days from the date of issuance of the Confirmation of Order to the Customer. Deliveries shall be on Mondays to Saturdays only. For international orders, kindly contact us at customerservice@tomac.com.my
• All orders are subject to stock availability at our warehouse. For goods that are unavailable for immediate delivery, the Company shall deliver the Order to the Customer within four (4) to eight (8) business weeks from the date of Confirmation of Order. Take note that 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 before confirming the Order. All orders are subjected to availability from the manufacturer/supplier. In the event the Company is unable to deliver your Order within four (4) to six (8) business weeks due to lack of stock from the manufacturer/supplier and/or obsolete stock, the Company shall give you notice upon which you may cancel your Order without charge, and the Company will arrange for a full refund of any payment made by you.
• You may select the following shipping methods :-
  
  1. Delivered to a specified address;

Customer can choose their preferred delivery option and the applicable delivery rates will be calculated at the checkout page before making payment. All delivery lead time 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 or by third party delivery service providers.

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, the Company 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.

       2. Self collection from our warehouse

We will contact you by email, telephone or sms to notify you when your Order is ready for collection. Collection must be done within seven (7) 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.

If you are not personally available to collect at store, an authorized representative may collect on your behalf provided you had called customer service to update the representative information and the representative must be over 18 years of age. You or your representative may be required to produce proof of identity on collection of products and you or your representative shall acknowledge receipt of the delivery. We reserve the right to charge the Customer an administration charge for any late collection from the Customer.

• The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery, give notice to TMP in detail of (i) any defect in the product; (ii) any shortfall in products delivered ; or (iii) any delivery of products not in accordance with the order.

 

8. 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.

9. Intellectual Property

• Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by TMP, or any IP owned by manufacturers and/or suppliers to TMP. All materials contained in TMP catalogs or on this web sites are subject to the ownership rights of TMP and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of TMP or its manufacturers and/or suppliers without TMP’s permission.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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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