REWARDS & INCENTIVES
The information contained in this website is for general information purposes only. The information is provided by Beewave Holdings Sdn Bhd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Beewave Holdings Sdn Bhd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Beewave Holdings Sdn Bhd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Collection of Personal Information
Beewave does not sell, share or trade customer’s personal information collected online with third parties. Personal information collected online will only be disclosed within our corporate group and to third parties for the purposes for which it was collected, as authorized and consented by you. The mandatory personal information we collect from you will be used and or shared within our corporate group and to third parties for one or the following purposes: • To deliver products or services that you purchase or enquire from our website. For example, we may pass your name and address on to a third party such as our courier service company or supplier of choice in order to make delivery of the product to you; • To inform and update you on the delivery of the product or services and for customer support purposes; • To provide you with relevant product or services information; • To process your orders and to provide you with the services and information offered through our website and which you may request; • To allow us to administer your registered account with us; • To verify and carry out financial transactions in relation to payments you may make online. For example, payments that you make through our website will be processed by our appointed agent. Disclosure to these data processing agents such as that of our appointed agent in this context is necessary for the purpose of conducting the sales transaction that you have opted for. • The non-mandatory personal information such as date of birth and gender are used to carry out research/es on our users’ demographics and for us to send you suggestion or information in the form of promotional emails which we think you may find useful, thereby, enhancing your experience when you visit our website. By providing us this non-mandatory personal information, you are deemed to have consented to be part of our research/es and to receiving suggestions or information as outlined above. In addition to the personal information outlined above, when you register a Subscriber account with us, you shall be asked if you would like to subscribe to our marketing and or promotional materials from time to time. These marketing and or promotional materials may come from within our corporate group wholly or through affiliation with third parties. If you choose to so subscribe, you are deemed to have consented to us processing within our corporate group and or third parties your personal information for this purpose. You can always choose to unsubscribe from marketing information at any time by opting for the unsubscribe function within the electronic marketing material. Your actual order details may be stored with us but for security reasons, cannot be retrieved directly by us. However, you may access this information by logging into your account on the website. Here, you can view the details of your orders that have been completed, those which are open and those which are to be dispatched as well as administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for any misuse of passwords unless this misuse is through our own fault.
Accessing and Updating Your Personal Information
You can access and update your personal information anytime by accessing your account on the websites www.7properties.com.my or www.7properties.my. The tracking we implemented is based on Display Advertising (e.g., Remarketing, Google Display Network Impression Reporting, the Double Click Campaign Manager integration, or Google Analytics Demographics and Interest Reporting) and can collect information such as age, gender, interests and interaction with ads impressions. Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. Beewave and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to your website and across the Internet.
Security of Your Personal Information
Beewave ensures that all information collected will be safely and securely stored. We protect your personal information by: • Allowing access to personal information only via passwords; • Maintaining technology products to prevent unauthorized computer access; and • Securely destroying your personal information when it is no longer needed for our record retention purposes Beewave uses 128-bit SSL (Secure Sockets Layer) encryption technology when processing your financial details. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.
Disclosure of Personal Information
We will not share your information with any other organizations other than our corporate group and those third parties directly related to and necessary for the purchase of products, delivery of the same, hiring of services and purposes for which you have authorized. In exceptional circumstances, Beewave may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or required by the law. Beewave is committed to complying with the Personal Data Protection Act 2010,in particular, its policies as well as corresponding guidelines and orders. If you believe that Beewave has breached your privacy please contact our office and we will resolve the issue.
Collection of Computer Data not necessarily Personal Information
When you visit our website(s), our company servers will automatically record information that your browser sends whenever you visit a website. This data may include: • Your computer's IP address • Browser type • Webpage you were visiting before you came to our website • The pages within Beewave that you visit • The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics This information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.
Complaints about breaches of privacy
If you are not satisfied with the way in which we handle your enquiry or complaint, please don't hesitate to contact our office directly.
Welcome to the www.7properties.com.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Beewave Holdings Sdn Bhd and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions. “7Properties” means Beewave Holdings Sdn Bhd, a company incorporated in Malaysia under registration number 1199482-H and having its registered address at 11A, Hala Bendahara 1, 31650 Ipoh Perak, Malaysia.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER & REQUEST ACCEPTANCE AND PRICING
Please note that there are cases when an order or request cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order or request for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept any order or request. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item or description of services are not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order or request. In the event that an item or services are mispriced or misquoted, we may, at our own discretion; either contact you for instructions or cancel your order or requests and notify you of such cancellation. We shall have the right to refuse or cancel any such orders and requests whether or not the order or requests has been confirmed and your credit card or bank account charged.
GST was implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by Beewave Holdings Sdn Bhd, being GST registered company, will include GST where applicable. Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW & JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of 7Properties for the supply of Goods or services who otherwise enters into a contract for the supply of Goods with 7Properties;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and 7Properties;
"Contract" means the contract for the purchase and sale of Goods, hiring of services, howsoever formed or concluded;
"Goods" means the goods (including any installment of the goods or any parts for them) which 7Properties is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“Services” means the services which 7Properties act as representative of the companies providing them as advertised on the site.
“7Properties” means Beewave Holdings Sdn Bhd, a company incorporated in Malaysia under registration number 1199482-H and having its registered address at 11A, Hala Bendahara 1, 31650 Ipoh Perak, Malaysia.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. BASIS OF THE CONTRACT
2.1 The supply of Goods or Services by 7Properties to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in 7Properties website connection with the supply of Goods and Services, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and 7Properties.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by 7Properties in its website shall be subject to correction without any liability on the part of 7Properties.
2.5 7Properties may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. ORDERS & SPECIFICATIONS
3.1 Order acceptance and completion of the contract between the Buyer and 7Properties will only be completed upon 7Properties issuing a confirmation of dispatch or job confirmation letter of the Goods or Services to the Buyer. For the avoidance of doubt, 7Properties shall be entitled to refuse or cancel any order or services without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch or job confirmation letter. 7Properties shall furthermore be entitled to require the Buyer to furnish 7Properties with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch or job confirmation letter.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of 7Properties and on terms that the Buyer shall indemnify 7Properties in full against all loss (including loss of profit) costs (including the cost of all labor and materials used) damages charges and expenses incurred by 7Properties as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in 7Properties’ website at the time which the Buyer makes its offer purchase to 7Properties. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax, which the Buyer shall be liable to pay to 7Properties in addition to the price.
5. TERMS OF PAYMENT
5.1 The Buyer shall be entitled to make payment for the Goods and Services pursuant to the various payment methods set out in 7Properties’ website. The terms and conditions applicable to each type of payment, as contained in 7Properties website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in 7Properties’ website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. 7Properties accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
When entering into a Credit Card transaction for the purchase of Goods, Beewave Holding’s name would be shown as the selling merchant in the Buyer’s Credit Card statement.
5.2.2 Debit Cards
7Properties accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods and Services to a 7Properties’ account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. 7Properties, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.3 If the Buyer decides to cancel his/her orders twenty four (24) hours after the relevant order has been confirmed and prior to shipment, 7Properties shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and Services and the processing fee as administrative fees, in addition to the transaction fees charged by the Credit Card company. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Buyer. In the event of cancellation of the Buyer’s Credit Card account, any unpaid portion of the purchase price of the relevant purchased Goods or Services shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Buyer’s Credit Card without further reference payable by the Buyer.
5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to 7Properties, 7Properties shall be entitled to:
• Cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
• Charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
6. DELIVERY / PERFORMANCE
6.1 Delivery or performance of the Goods or Services shall be made to/at the address specified by the Buyer in its order.
6.2 7Properties has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods and Services to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods or completion of its Services are approximate only. The time for delivery/performance shall not be of the essence, and 7Properties shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If 7Properties has failed to deliver the Goods in accordance with the Contract or complete the Services contracted within a reasonable time, the Buyer shall be entitled, by serving written notice on 7Properties, to demand performance within a specified time thereafter, which shall be at least 30 days. If 7Properties fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and incompletion of the Services claim compensation for actual loss and expense sustained as a result of 7Properties’ non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 If the Buyer fails to take delivery of the Goods or facilitate the completion of Services hired (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of 7Properties fault) then without prejudice to any other right or remedy available to 7Properties, 7Properties may:
• Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
• Claim from the Buyer the full amount for all damages, loss or liabilities arise from the delay of the incompletion of the service.
• Terminate the Contract and claim damages.
7. RISK & PROPERTY OF GOODS & SERVICES
7.1 All risks and responsibilities of the Goods and Services shall pass to the Buyer at the time of delivery of goods or start of performance for the services.
7.2 Notwithstanding delivery and the passing of risk in the Goods or Services or any other provision of these Conditions the property in the Goods and Services shall not pass to the Buyer until 7Properties has received in cash or cleared funds payment in full of the price of the Goods and Services and all other goods agreed to be sold or contracted by 7Properties to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods and Services passes to the Buyer, the Buyer shall hold the Goods or Services as 7Properties fiduciary agent and bailee and shall keep the Goods and Services separate from those of the Buyer.
7.4 The Buyer agrees with 7Properties that the Buyer shall immediately notify 7Propertifes of any matter from time to time affecting 7Properties’ title to the Goods and the Buyer shall provide 7Properties with any in-formation relating to the Goods and Services as 7Properties may require from time to time.
7.5 Until such time as the property in the Goods and Services passes to the Buyer (and provided the Goods are still in existence and have not been resold and damaged) 7Properties shall be entitled at any time to demand the Buyer to deliver or reimburse up the Goods or Services to 7Properties and in the event of non-compliance 7Properties reserves it’s right to take legal action against the Buyer for the delivery up the Goods and Services and also reserves its right to seek damages and all other costs including but not limited to legal remedy against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods and Services which remain the property of 7Propeties but if the Buyer does so all moneys owing by the Buyer to 7Properties shall (without prejudice to any other right or remedy of 7Properties) forthwith become due and payable.
7.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.8 The Buyer shall indemnify 7Properties against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of 7Properties’ rights under this condition.
8. WARRANTIES & REMEDIES
8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, 7Properties warrants that the Goods and Services will correspond with their specification and description at the time of delivery or completion, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), 7Properties further gives to the Buyer such implied warranties as cannot be excluded by law.
8.2.1 7Properties above warranty concerning the Goods is given subject to the following conditions:
• No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or Services contracted that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to 7Properties.
• Any description given of the Goods or Services is given by way of identification only and the use of such description shall not constitute a sale by description.
• 7Properties binds itself only to deliver Goods and perform Services in accordance with the general description under which they were sold or hired, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of 7Properties opinion in that behalf. 7Properties does not give any warranty as to the quality state condition or fitness of the Goods or Services.
• 7Properties shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods or Services contracted without the prior agreement of 7Properties, addition and insertion of parts, in particular of parts or materials which do not come from 7Properties or its partners.
• 7Properties shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow 7Properties instructions (whether oral or in writing) misuse or alteration or repair of the Goods and Services without 7Properties approval.
• 7Properties is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without 7Properties’ prior written approval and the Buyer shall indemnify 7Properties against each loss liability and cost arising out of such claims.
• 7Properties shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods and Services has not been paid in cleared funds by the due date for payment.
• 7Properties shall be under no liability whatsoever in respect of any defect in the Goods and Services arising after the expiry of the Warranty Period.
8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or Services or their failure to correspond with specification shall be notified to 7Properties within seven days from the date of receipt of the Goods or Services or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods and Services shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods and Services must not be used. 7Properties shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods or Services on the basis of any defect or failure, except where the failure is such that the Goods or Services delivered or completed are of a fundamentally different nature than those which 7Properties had contracted to deliver or complete.
8.2.3 If the Buyer does not give due notification to 7Properties in accordance with the Condition 8.2.2, 7Properties shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods or Services which is based on any defect in the quality or condition of the Goods or Services or their failure to meet a specification is notified to 7Properties in accordance with Condition 8.2.2, the non-conforming Goods or Services (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods and Services have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods and Services, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods or Services. In lieu of repair or replacement, 7Properties may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against 7Properties.
8.2.4 When 7Properties has provided replacement or repair the Goods or Services or given the Buyer a refund, the non-conforming Goods or parts thereof shall become 7Properties property.
9. FORCE MAJEURE
9.1 7Properties shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of 7Properties’ obligations if the delay or failure was due to any cause beyond 7Properties reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond 7Properties’ reasonable control:
• Act of God, explosion, flood, tempest, fire or accident;
• War or threat of war, sabotage, insurrection, civil disturbance or requisition;
• Acts of 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;
• Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of 7Properties or of a third party);
• Interruption of production or operation, difficulties in obtaining raw materials labor fuel parts or machinery;
• Power failure or breakdown in machinery.
9.2 Upon the happening of any one of the events set out in Condition 9.1 7Properties may at its option:-
• Fully or partially suspend delivery/performance while such event or circumstances continues;
• Terminate any Contract so affected with immediate effect by written notice to the Buyer and 7Properties shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
10. INSOLVENCY OF BUYER
10.1 This condition applies if:
10.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 An encumbrance takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
10.1.3 the Buyer ceases - or threatens to cease - to carry on business; or
10.1.4 7Properties reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If this condition applies then without prejudice to any other right or remedy available to 7Properties, 7Properties shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to 7Properties, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
12.1 7Properties shall not accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, 7Properties’ liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.
12.2 7Properties shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.
12.3 In no event shall 7Properties be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or 7Properties had been advised of the possibility of the Buyer incurring the same.
12.4 Where time of performance has been agreed by 7Properties becomes the essence of the Contract by means of notice by the Buyer to 7Properties, as provided for in Clause 6.4, and 7Properties fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, 7Properties’ liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.
12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and 7Properties liability for the same shall be limited in the manner specified in Condition 8.
12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or elsewhere in these Conditions, 7Properties’ maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.
12.7 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
12.8 No action shall be brought by 7Properties later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
13.1 On or at any time after the occurrence of any of the events in condition
13.2 7Properties may stop any Goods or work in transit and progress, suspend further deliveries or work to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.2 The events are:-
• The Buyer being in breach of an obligation under the Contract;
• The Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
• The making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrance taking possession of or selling any of the Buyer’s assets.
13.3 The Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by 7Properties of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
14.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 14.7.
14.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
14.7 Notwithstanding Clause 14.6, 7Properties shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
14.9 7Properties reserves their right to these terms and conditions of sale at any time.
14.10 Return/Refund or cancellations are not allowed of any perishable goods. To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.