Term And Condition
PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Contract contains the current terms and conditions that apply to your purchase from www.EvoCarTruck.com on order of any product or products listed as shopping items on this Website ("Products"). You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for the Products, you agree to be bound by and accept these terms and conditions.
" EvoCarTruck.com" means Evocar Truck Sdn Bhd.(1110086-M).
"Product(s)" means product(s) and/or its/their peripheral product(s) by EvoCarTruck.com listed as shopping items on this Website and forming the subject matter of this contract as identified by Customer in the order form. "Customer" means a person who orders goods via this Website.
"Contract" means a contract containing these terms and conditions agreed upon between EvoCarTruck.com and Customer for sale by EvoCarTruck.com and purchase by Customer of the Products.
"Order ID" means the Customer Order ID automatically generated and provided to Customer by EvoCarTruck.com upon Customer placing an order.
"Working Day" means a day, on which commercial banks in Malaysia are open for business, excluding Saturdays.
SALES & PURCHASE
EvoCarTruck.com shall sell and Customer shall purchase the Products in compliance with the Contract
ORDER/ FORMATION OF PRODUCT
All orders of the Products placed by Customer via this Website shall be subject to acceptance by EvoCarTruck.com, which acceptance is at the discretion of EvoCarTruck.com. Upon Customer placing an order, a unique Order ID will be automatically generated and provided to Customer to facilitate tracking of Customer's order. The provision of such Order ID does not operate as an acceptance of Customer's order and merely serves as confirmation that Customer's order has been received by EvoCarTruck.com.
These terms and conditions shall become the Contract only when notice of acceptance by EvoCarTruck.com of an order by Customer is sent to Customer.
EvoCarTruck.com will only accept orders for delivery of the Products to the street address of Customer in Malaysia from residents of Malaysia who have attained the age of 18 years. Subject to Clause 4(3) below, Customer may only cancel an order before notice of acceptance by EvoCarTruck.com of such order is sent to Customer.
EvoCarTruck.com reserves the right to limit quantities of the Products purchased in any order.
PRICE & PAYMENT
Pricing of the Products shall be as stipulated in the official price lists published by EvoCarTruck.com from time to time in force as at the date of placement of orders by Customer.
Product Prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from EvoCarTruck.com to Customer within Malaysia, which shall be borne by the Customer.
Customer shall pay for the Products in Ringgit Malaysia using one of the following payment methods:-
(a) CASH/ CHEQUE DEPOSIT
Customer may make payment by way of a cash or cheque deposit at any branch of Maybank Berhad and Paypal.
Customer shall be liable for all fees, charges and costs (including but not limited to processing fees and charges) arising out of or in connection with the cancellation or reversal of the payment transaction. EvoCarTruck.com shall be entitled to deduct or set-off any and all such fees, charges and costs against Customer's payment before refunding the same to Customer.
Customer shall insert Customer's Order ID, name and telephone number at the back of the cheque/bank draft and shall forward the cheque/bank draft EvoCarTruck.com within 3 working days of the Customer making his or her order online, failing which the Customer's order shall be deemed cancelled. EvoCarTruck.com shall send the notice of acceptance as stated in subsection (2) of Section 3 upon receiving notification that the cheque/bank draft has been cleared. Customer will be charged when the notice of acceptance is sent to the Customer. Customer's order will be deemed to be cancelled if Customer's cheque is not honoured. If Customer's order is cancelled after clearance of Customer's cheque/bank draft but before a notice of acceptance by EvoCarTruck.com has been sent to the Customer, the Customer shall be liable for all fees, charges and costs (including but not limited to processing fees and charges) arising out of or in connection with the cancellation or reversal of the payment transaction. EvoCarTruck.com shall be entitled to deduct or set-off any and all such fees, charges and costs against the Customer's payment before refunding the same to the Customer.
The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the Customer as stated in Section 4 above. EvoCarTruck.com shall endeavour to arrange to deliver the Products to the delivery point in Malaysia designated by Customer in his or her purchase order. EvoCarTruck.com will use its discretion in selecting a reputable carrier and appropriate means of shipment, and shall endeavour to notify the Customer of the estimated date of delivery as soon as is reasonably possible. Unless the Customer specifically nominates a named individual or individuals to take delivery of the Products during the ordering process, delivery to any individual or individuals present at the delivery point in Malaysia designated by Customer in his or her purchase order shall be deemed good and sufficient delivery of the Products to the Customer. Where the Customer has specifically nominated a named individual or individuals to take delivery of the Products, EvoCarTruck.com shall be entitled but not bound to request sight of the identity card or other identification document of the relevant individual or individuals before making delivery of the Products to such individual or individuals, and shall be entitled to accept any document purporting to identify an individual or individuals as the individual or individuals nominated by Customer, at its face value.
Any dates quoted by EvoCarTruck.com for delivery of the Products are estimates only and shall not form part of the Contract. In no event shall EvoCarTruck.com be liable for increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of the Products.
EvoCarTruck.com may deliver the Products by installment in any sequence. Where the Products are so delivered by installment, each installment shall be deemed to be the subject of a separate Contract and no default or failure by EvoCarTruck.com in respect of any one or more installment shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that EvoCarTruck.com gives notice to Customer that it is unable to deliver any installment of the Products, Customer shall be deemed to have accepted those installments already delivered but EvoCarTruck.com may reimburse the price of the undelivered Products that have been paid for by Customer.
If Customer fails to take delivery of the Products or any part of them when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorization required to enable the Products to be delivered, EvoCarTruck.com shall be entitled, upon giving written notice to Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, and Customer shall pay to EvoCarTruck.com all costs and expenses (including storage and insurance charges) arising from its failure.
ACCEPTANCE Unless Customer notifies EvoCarTruck.com to the contrary by email within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be conclusively deemed to have been accepted by Customer as being in good condition and in accordance with the Contract. Subject to the Customer's statutory rights EvoCarTruck.com will not entertain any request to return or exchange Products. In the case of defective Products under warranty which fall within the ambit of Section 9 below, EvoCarTruck.com reserves the right, at its sole discretion, to repair such defective Products in lieu of replacing the same with equivalent products.
TITLE, RISK OF LOSS OR DAMAGE
Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by the Customer in the order.
EvoCarTruck.com may update or discontinue any of Products and/or revise prices for the Products listed as available items on this Website at any time. Therefore, Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogues, specification sheets etc.) may occur. All orders are accepted on these terms, which supersede any other terms appearing in this Website or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.
Failure of EvoCarTruck.com to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect. GOVERNING LAW
The Contract shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the courts of Malaysia, that being the place where Customer's order has been received and/or entered and accepted.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions or the Contract, and no construction or inference shall be derived therefrom.
These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for the Product(s) that is subject to additional or altered terms and conditions shall be null and void and of no effect whatsoever.