PO 919 1307 Leng7308 1746774230049 AKN000003143
PO 919 1307 Leng7308 1746774230049 AKN000003143
AC Hotel Kuantan
Business & Budget Hotels (Kuantan) Sdn Bhd
Department: 1020601-Breakfast
1 10000000061 Milk Coconut Ctn*12Pkt*1000Ml / 1.00 CTN RM 160.2000 RM 160.20
1. DEFINITIONS
"Buyer" means Business & Budget Hotels (Kuantan) Sdn Bhd
"Seller means the person, firm or company to whom the Order is addressed.
"Goods?means the articles or things or any of them described in the Order.
"Specification?means the technical description (if any) of the Goods contained or referred to in the Order.
"Order?means the purchase order placed by the Buyer for the supply of the Goods.
2. ACKNOWLEDGEMENTS
The Buyer shall be bound by this Order only:
(i) if it is placed on its official Order form duly signed by a Director and/or any authorized person of the Buyer;
(ii) if the Order is not cancelled prior to the delivery of the Goods.
3. VARIATION
These conditions shall supersede and override any earlier or subsequent terms and conditions stipulated, incorporated or referred to by the Seller whether in the Seller's
catalogues, delivery orders, invoices or elsewhere or in any negotiations and the Buyer shall not be bound by any variation, waiver of, or addition to these conditions
except as agreed by the Buyer in writing. Buyer reserves the right at any time prior to shipment to make a change as to: (1) Specifications; (2) method of delivery; (3)
place of delivery, (4) schedule of delivery and the (5) quantities of delivery.
5. DELIVERY
The Goods shall be properly packed and secured in such a manner as to reach their destination in good condition under normal conditions of transport, shall be delivered
by the Seller at, or dispatched for delivery to, the place or places and in the manner specified in the Order or as subsequently agreed at the Seller's expense.
Seller acknowledges and agrees that time is of the essence in the delivery of the Goods or completion of the services (if any) within the time frame mutually agreed upon
by Buyer and Seller and/or as stated in the Order, is vital to the interest of Buyer, and that failure to complete the services within such timeframe constitutes a breach of
this Order.
6. PASSING OF PROPERTY
The Goods shall become the property of the Buyer on delivery and acceptance by the Buyer without prejudice to any right of rejection which may accrue to the Buyer
under these conditions. Goods shall remain in the sold risk of the Seller until they have been delivered and accepted by the Buyer.
7. TIME
The Seller acknowledges and agrees that time is of the essence in the delivery of the Goods or completion of the services (if any). The Seller shall deliver the Goods at
the time specified in the Order or if no time is specified therein, within a reasonable time of acceptance of the Order.
8.REJECTION
The Buyer may by notice in writing to the Seller reject the Goods if the Seller fails to comply with his obligations under the Oder and in particular Clause 4 hereof (in
which event property and risk therein shall remain with or revert to the Seller as the case may be). In such event, the Buyer may at its option:(a) request full refund of
any amount paid and cancel any outstanding Orders for the defective Goods wherein the Seller shall remove such Goods at Seller's sole costs and expense;or(b) request
that the Seller repair or replace the defective Goods as quickly as reasonably possible as the Buyer directs at Seller's sole costs and expense.
9. GUARANTEE
If, within the warranty period stipulated in the Order or such other period as may be agreed by the Parties, the Buyer gives notice in writing to the Seller of any defect in
the Goods which shall arise under proper use from faulty design, materials or workmanship, then the Seller shall immediately replace or repair the Goods so as to remedy
the defects without cost to the Buyer.
11. PAYMENT
Payment of the applicable price shall be made by the Buyer free from interest or financial charges for late payment or otherwise. Unless otherwise provided in the Order,
the price includes (i) all costs to comply with the terms and conditions of the Order, (ii) any and all taxes, including sales, use, excise, value added and other taxes, and
(iii) fees, duties, or other governmental impositions on the sale of the Goods services covered by the Order. All invoices and delivery orders must specify the Order(s) to
which they relate and shall be addressed to the Buyer at its address at AC Hotel Kuantan, Jalan Teluk Sisek, 25000 Kuantan, Malaysia. The Buyer shall be entitled to (a)
withhold any payment for defective Goods on arrival, delay in delivery and any amount in dispute; and (b) deduct any amount owed by the Seller to the Buyer or its
affiliates from any amount payable by the Buyer.
15. CANCELLATION/TERMINATION
Except to the extent prohibited by applicable law, the Buyer (i) may cancel an Order for any reason or no reason prior to shipment of the applicable Goods by providing
written notice to the Seller and (ii) may immediately terminate the Order, even after shipment, by providing written notice to the Seller if the Seller breaches any term or
condition of the Order or becomes insolvent or subject to any proceeding under any bankruptcy or any insolvency law.
16. LAW OF CONTRACT
The contract shall be subject to and governed by Malaysian law.