TERMS AND CONDITIONS OF QUOTATION AND PURCHASE
IMPORTANT: Please read all Terms and Conditions. You should only sign your acceptance of the Terms and Conditions if you are prepared to be legally bound by them.
Legally Binding Agreement
A legally binding agreement is created between you the ‘Buyer’ and Ophelia Bakes the ‘Sellers’ when you make your order and succeeded payment will be the commencement date of the legal agreement between you and Ophelia Bakes
1. Contracts
a) Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions are hereby excluded unless expressly accepted in writing by the Sellers.
b) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other documentation issued by the Sellers shall be subject to correction without any liability on the part of the Sellers.
c) The Buyer acknowledges that the Buyer is purchasing as a consumer. If purchase made on behalf, Buyer shall state the details.
2. Prices
a) Unless expressly stated otherwise in any quotation issued by the Sellers to the Buyer, all prices quoted are ex. Works and is expressed in Malaysian Ringgit net. Any applicable Value Added reqeusts or any other sales tax or excise duties paid or payable by the sellers shall be added to the price and shall be payable by the Buyer.
b) Firm price quotations are valid for a period of 14 daysonly from the date of quotation. The Sellers may, at their absolute discretion, accept or reject any order placed by the Buyer.
c) In the event of the Buyer made changes a part of the order, the Sellers reserve the right to revise the price or prices quoted for goods before delivery.
d) The Sellers reserve the right to review the contract price(s) in the event of material price hike or fluctuation before delivery.
3. Delivery by the Sellers
a) Any dates quoted for delivery of the goods are based on Buyer(s) request and if Buyer choose to self collect, the Sellers shall not be liable for any delay in delivery or any damage of the goods howsoever caused.
b) The Sellers reserve the right to deliver goods on specific time requested by Buyer. The Buyer shall inform Seller if there will be delivery time changes and notification shall be made 7 days before delivery date.
4. Delivery by the Buyer
a) Delivery of the goods shall be made by the Buyer collecting the goods at the Sellers premises at an agreed time after the Sellers have notified the Buyer that the goods are ready for collection or, if some other place for delivery is agreed by the Sellers, by the Sellers delivering the goods to that place.
b) If the Buyer fails to take delivery of the goods, then, without prejudice to any other right or remedy available to the Sellers, the Sellers may:
i) Store the goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
ii) 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
5. Damage, Loss, Short Delivery
a) Self collect orders: the Buyer shall examine the goods for defects and completeness. Thereafter, no claim for damage in transit, for shortage in delivery or for loss of goods will be entertained for self collect orders.
b) The Buyer shall examine the goods for defects and completeness. Thereafter, no claim for damage in transit, for shortage in delivery or for loss of goods will be entertained after goods has been successfully delivered safely at Buyer's premise.
c) The Sellers shall not in any circumstances be liable, whether in contract or not, to the Buyer for any indirect or consequential loss or damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the Buyer by ant third party and the guarantee given by the Sellers hereunder
c) The Sellers’ liability for damage or non-delivery of goods duly notified in accordance with the above shall in any event be limited to replacement of goods within a reasonable time (or at the Sellers’ option, refunding the price thereof) whether the damage or non-delivery is due to the Sellers’ negligence or otherwise.
6. Quotation Terms
a) Quotations are valid for a period of 14 days from the date of issue. Quotations are based on information given & should not be considered as fixed design. Any quotation either verbal or in writing is not an offer & may be withdrawn or modified any time by Ophelia Bakes. The entire risks to the results & outcome of the goods is assumed by the company quoted. Ophelia Bakes disclaims, ether expressed or implied, including but not limited to, merchantability, fitness for a particular purpose, title & non-infringement arising out of any quotation/proposal. Ophelia Bakes shall not be liable for any loss of data, loss of production, loss of profit, loss of use, loss of contracts or any other consequential, economic or indirect loss whatsoever.