Buyer-Seller Terms And Conditions
BUYER-SELLER TERMS AND CONDITIONS
ELITE HONEST GROUP SDN BHD
Company Registration No.: 1426548-V
Trading Brand: AY Office System
These Buyer-Seller Terms and Conditions (“Terms”) govern the sale and supply of Goods and Services by Elite Honest Group Sdn Bhd, operating under the trading brand AY Office System (“Company”, “Seller”, “we”, “us” or “our”).
AY Office System is the trading brand of Elite Honest Group Sdn Bhd and is not a separate legal entity.
All official Quotations, invoices, receipts, contracts and commercial transactions conducted under AY Office System are undertaken by Elite Honest Group Sdn Bhd.
These Terms apply where they have been properly communicated and incorporated into the relevant accepted Quotation, online purchase or other binding agreement.
Nothing in these Terms excludes or restricts any mandatory statutory rights, guarantees or remedies under applicable Malaysian law.
1. DEFINITIONS
1.1 Company / Seller
Elite Honest Group Sdn Bhd (Company Registration No.: 1426548-V), including its duly authorised representatives.
1.2 Customer / Buyer
Any individual, company, organisation or authorised representative purchasing Goods or Services from the Company.
1.3 Goods
Office furniture, office tables, office chairs, workstations, cabinets, partitions, storage systems, educational furniture, hostel furniture, restaurant furniture, office equipment, customised products and other Goods supplied by the Company.
1.4 Services
Consultation, Site Visits, Workspace Planning, assembly, delivery, installation and other services agreed by the parties.
1.5 Quotation
An official written quotation issued by the Company specifying relevant Goods, Services, quantities, specifications, prices, payment arrangements and other commercial conditions.
1.6 Order Confirmation
The Company’s written acceptance or confirmation of an order.
1.7 Price
The total agreed amount payable under the relevant accepted Quotation or confirmed order, including agreed additional charges.
1.8 Delivery Order (DO)
A document or other reliable record confirming delivery or handover of the Goods.
1.9 Working Day
Monday to Friday, excluding public holidays observed in Selangor, Malaysia.
1.10 Outstation Area
Any delivery location outside the Company’s designated standard Kuala Lumpur and Selangor delivery coverage.
2. ACCEPTANCE OF TERMS AND ORDERS
2.1 All orders are subject to acceptance and confirmation by the Company.
2.2 These Terms apply only where they have been validly incorporated into the relevant transaction.
2.3 The Customer shall review relevant product descriptions, quantities, specifications, Prices and payment requirements before confirming an order.
2.4 Changes to a confirmed order must be mutually agreed and confirmed in writing.
2.5 A person placing an order on behalf of a business or organisation represents that they have the authority to do so.
2.6 Where an accepted Quotation expressly provides specific commercial terms that differ from these general Terms, those specific terms shall prevail for the relevant order, subject to applicable law.
2.7 The Company may reasonably request further information before accepting an order.
2.8 Mandatory statutory rights and remedies shall prevail over inconsistent contractual provisions.
3. PRODUCTS, SPECIFICATIONS AND CUSTOMISATION
3.1 The Company supplies standard and customised furniture, office equipment and related Services.
3.2 Product descriptions, photographs, colours, finishes and measurements shall be read together with the confirmed specifications.
3.3 Minor differences in colour, appearance or texture may occur due to lighting, screen displays, material batches or manufacturing processes, provided the Goods comply with the agreed specifications and applicable legal requirements.
3.4 Product availability is subject to stock levels, supplier availability and manufacturing schedules.
3.5 Customised Goods shall be produced according to final drawings, specifications, materials, dimensions and colours approved by the Customer.
3.6 The Customer shall review and confirm relevant drawings and specifications before production.
3.7 Changes requested after final approval may affect the Price or delivery schedule.
3.8 Any additional charges for agreed modifications shall be communicated before additional work proceeds.
3.9 Significant changes to agreed materials or specifications require Customer approval.
4. QUOTATIONS, PRICING AND PAYMENT
4.1 Currency
All Prices are stated in Malaysian Ringgit (MYR) unless otherwise specified.
4.2 Quotation Validity
Official Quotations are generally valid for thirty (30) days from the date of issue unless otherwise stated.
4.3 Confirmed Price
The final Price shall follow the accepted Quotation or confirmed online order, including applicable delivery, installation, customisation and other agreed charges.
4.4 Additional Goods or Services
Additional Goods, modifications or Services requested following order confirmation may incur separately agreed charges.
4.5 Payment Terms
Deposits, progress payments, balance payments and payment due dates shall follow the accepted Quotation or applicable Invoice.
Payment arrangements may vary depending on the Goods, Customer, order or project.
Any alternative payment arrangement must be confirmed in writing.
4.6 Online Payment Methods
For purchases made through the Company’s official website, available payment methods may include:
(a) Credit Cards;
(b) Debit Cards;
(c) Direct Bank Transfers; and
(d) Zero Percent (0%) Interest Credit Card Instalment Plans, where available.
The availability of 0% interest instalment plans depends on eligible credit cards, participating banks, payment providers, transaction requirements and the repayment periods offered through the applicable payment channel.
The Company does not guarantee that all cards, transactions or purchases qualify for instalment plans. Any applicable conditions or charges imposed by the relevant payment provider shall be disclosed through that provider’s payment arrangements.
PayPal is not an accepted payment method.
4.7 Offline Purchases
For orders placed through email, WhatsApp or telephone, payment shall be arranged through authorised bank transfer instructions issued by the Company.
All Outstation orders must first be coordinated directly with the Sales Team so that the applicable shipping charges and offline order arrangements can be confirmed before payment.
4.8 Cash on Delivery
The Company does not accept Cash on Delivery (COD).
4.9 Payment Verification
The Company may verify receipt of payments due for the relevant order stage before proceeding with procurement, production, delivery or other agreed work.
4.10 Taxes
Applicable taxes, including Sales and Service Tax (SST), shall be handled according to prevailing Malaysian law.
The Company shall charge a tax only where required or permitted by law.
4.11 Official Invoices and Receipts
Official Quotations, invoices and receipts shall be issued under Elite Honest Group Sdn Bhd.
Customers shall provide accurate billing and electronic invoicing information where required.
4.12 Outstanding Payments
Overdue payments shall be handled in accordance with Clause 9.
5. DELIVERY AND INSTALLATION
5.1 Delivery Arrangements
Delivery and installation shall follow the confirmed order, agreed service coverage and applicable arrangements.
5.2 Estimated Delivery Time
For eligible deliveries within designated Kuala Lumpur and Selangor areas, the general delivery estimates are:
(a) In-Stock Goods: Approximately seven (7) Working Days.
(b) Out-of-Stock Goods and Office Workstations: Approximately fourteen (14) Working Days, subject to product availability and production requirements.
Lead times generally begin after order confirmation, receipt of payment required for the relevant order stage and final approval of product specifications or drawings, where applicable.
For customised Goods, bulk orders and special projects, delivery schedules shall follow the accepted Quotation.
All delivery periods are estimates and may vary according to stock, production and logistics.
5.3 Designated Kuala Lumpur and Selangor Areas
The Company’s selected standard delivery areas include:
Damansara, Setia Alam, Klang, Setapak, Batu Caves, Shah Alam, Seri Kembangan, Kajang, Sepang, Putrajaya, Cyberjaya, Subang, Puchong, Petaling Jaya and Cheras.
Locations treated as Outstation Areas include:
Northern Areas: Rawang, Kuala Selangor, Tanjung Malim, Jeram, Puncak Alam and Selayang.
Southern Areas: Nilai, Hulu Langat, Beranang and Bangi.
Other locations outside the designated standard coverage are also treated as Outstation Areas.
Actual eligibility depends on the complete address, product type and site accessibility.
5.4 Furniture Delivery and Installation Charges
For eligible furniture orders within the Company’s designated standard coverage:
(a) Orders of RM1,000 and above qualify for free standard delivery and installation.
(b) Orders below RM1,000 are subject to an RM80 standard delivery and installation charge.
This arrangement applies to eligible office furniture, hostel furniture, educational furniture and restaurant furniture.
5.5 Office Equipment Delivery
Eligible office equipment, including selected whiteboards and notice boards, qualifies for free standard delivery within the Company’s designated service areas regardless of the furniture order threshold.
Installation is not automatically included. Any installation requirements or applicable charges shall be confirmed separately.
5.6 Staircase Carrying
Where Goods must be carried by staircase because a suitable lift is unavailable, an additional charge of RM10 per item per floor may apply.
Such charges shall be communicated before the relevant service proceeds.
5.7 Outstation Shipping Charges
For eligible Goods shipped to Outstation Areas by courier or postal services, the indicative standard rates are:
(a) Furniture: From RM80 per item.
(b) Office Equipment: From RM50 per pack.
These rates are subject to manual confirmation based on product eligibility, item or pack quantities, dimensions, weight, destination, packaging and handling requirements.
All Outstation orders must be arranged offline with the Company’s Sales Team before payment.
The Company’s current website checkout does not automatically calculate Outstation shipping charges according to the number of items or packs.
Therefore, an automatically displayed website shipping total shall not be treated as the final confirmed Outstation delivery charge unless expressly confirmed by the Company.
The Customer must obtain the final shipping Quotation before completing the relevant offline purchase.
Oversized Goods, bulk orders, lorry delivery, professional installation and unusual handling requirements may be quoted separately.
5.8 Outstation Service Scope
Standard Outstation courier or postal delivery generally covers:
(a) Delivery to the designated ground-floor or front entrance only;
(b) No upstairs carrying or delivery; and
(c) No professional installation, with self-assembly required where applicable.
Different arrangements may be agreed in a separate Quotation.
5.9 Outstation Delivery Estimates
For eligible courier or postal deliveries:
(a) In-stock Goods: approximately 10–14 days.
(b) Out-of-stock Goods: an additional estimated 14 days may be required depending on availability and dispatch arrangements.
These are estimates rather than guaranteed delivery dates.
5.10 Delivery Information
Customers shall provide accurate delivery addresses, contact information, floor levels, lift availability and relevant access details.
5.11 Delivery Delays
The Company shall make reasonable efforts to meet agreed delivery dates and communicate material delays as reasonably practicable.
Any applicable contractual or statutory remedies remain unaffected.
5.12 Failed or Rescheduled Deliveries
Reasonable additional charges may apply where delivery cannot be completed because of inaccurate Customer-provided information, inaccessible premises or Customer-requested changes, where disclosed and agreed and subject to law.
6. RISK, DELIVERY AND HANDOVER
6.1 The Company shall exercise reasonable care during the transportation, handling, delivery and installation of Goods.
6.2 Risk shall transfer according to the relevant agreement and applicable Malaysian law.
6.3 For delivery undertaken by the Company, responsibility for accidental loss or damage during transportation shall generally remain with the Company until delivery is completed, subject to applicable law.
6.4 The Customer shall provide a reasonably safe and accessible delivery and installation location.
6.5 Customer-caused damage following handover shall be distinguished from manufacturing defects, delivery damage or other matters for which the Company is responsible.
6.6 A signed Delivery Order may serve as evidence of delivery and apparent condition at handover but does not conclusively establish the absence of hidden or legally actionable defects.
7. PRODUCT INSPECTION, RETURNS AND REFUNDS
7.1 Inspection
Customers shall inspect Goods as soon as reasonably practicable following delivery or completion of installation.
7.2 Visible Damage and Discrepancies
Visible scratches, dents, physical damage, shortages, missing parts, incorrect Goods, incorrect colours, sizes, models or other reasonably identifiable discrepancies should be noted on the Delivery Order or reported to the Company in writing within three (3) Working Days.
For delivery-related issues, this period begins on the delivery date.
For visible issues specifically caused during installation performed by the Company, it begins upon completion of the relevant installation.
7.3 Supporting Evidence
Customers should provide relevant photographs, order details, invoice references and a description of the issue.
7.4 Late Reporting
For business-to-business transactions, late reporting may be considered as evidence when assessing whether an apparent defect or discrepancy existed at handover.
The Customer may provide evidence to the contrary.
Failure to report within the specified period shall not automatically extinguish mandatory statutory rights or other legally available remedies.
7.5 Latent Defects
Manufacturing or hidden defects that could not reasonably be identified through ordinary inspection shall be handled under the applicable warranty and statutory protections.
7.6 Voluntary Change-of-Mind Returns
Eligible regular-priced Goods may be considered for voluntary return where the request is made within seven (7) calendar days after actual delivery.
Goods must be unused, unassembled, in their original packaging, in the condition received and suitable for resale.
Valid proof of purchase is required.
7.7 Sale and Clearance Goods
Sale, promotional, discounted and clearance Goods are excluded from voluntary change-of-mind refunds, returns and exchanges unless otherwise agreed in writing.
This restriction does not exclude mandatory remedies relating to defective or non-conforming Goods.
7.8 Other Non-Returnable Goods
Customised, personalised, made-to-order, specially procured, used, assembled, installed or Customer-modified Goods are generally excluded from voluntary change-of-mind returns.
Goods damaged or missing parts solely due to Customer misuse, negligence or improper handling are also excluded.
Mandatory statutory rights remain unaffected.
7.9 Exchanges
The Company generally offers exchanges or replacements for defective, damaged or incorrectly supplied Goods where appropriate.
Voluntary exchanges solely because a Customer has changed their mind are not generally offered unless expressly approved in writing.
7.10 Partial Refunds
A partial refund may be offered where both parties agree it is an appropriate resolution, including cases involving an incorrect item or a Customer agreeing to retain affected Goods.
A partial refund shall not be imposed as the only remedy where another mandatory statutory remedy applies.
7.11 Refund Processing
Approved refunds are generally processed within fourteen (14) Working Days, subject to reasonable verification, payment-processing arrangements and any mandatory legal timeframe.
Refunds will generally be made using the original payment method where practicable or another lawful method mutually agreed upon.
7.12 Return Shipping
Customers are generally responsible for shipping costs relating to approved voluntary change-of-mind returns.
For defective, damaged or incorrectly supplied Goods, return shipping and collection costs shall be handled according to the relevant agreement and applicable Malaysian law.
Where legally required, the Company shall collect qualifying rejected bulky Goods at its own expense.
7.13 Detailed Procedures
Further information is provided in the Company’s Refund and Returns Policy.
8. PRODUCT WARRANTY
8.1 Standard Warranty
Unless otherwise stated in the relevant product description, accepted Quotation or manufacturer’s warranty, standard Goods generally carry a one (1) year limited commercial warranty from the date of purchase against manufacturing defects.
8.2 Warranty Coverage
For covered manufacturing defects, necessary replacement parts and labour shall be provided free of charge under the applicable commercial warranty.
8.3 Repair or Replacement
The Company may repair or replace defective Goods or components under the voluntary commercial warranty, subject to any applicable statutory rights or remedies.
8.4 Equivalent Parts or Materials
Where identical parts or materials are unavailable, the Company may use replacements of equivalent quality and functionality, provided they comply with relevant agreed specifications and applicable law.
8.5 Warranty Exclusions
The voluntary commercial warranty generally does not cover:
(a) Normal wear and tear;
(b) Worn or wrinkled fabric resulting from normal use;
(c) Scratches, stains, marks or dirt caused by ordinary use or improper handling;
(d) Misuse, abuse, negligence or accidental damage;
(e) Improper maintenance or storage;
(f) Unauthorised alterations or repairs;
(g) Incorrect installation by unauthorised persons; or
(h) Damage resulting from unsuitable environmental conditions.
These exclusions do not automatically apply where the relevant damage is attributable to the Company or where mandatory statutory rights provide otherwise.
8.6 Warranty Transportation
For claims solely under the voluntary commercial warranty, Customers are generally responsible for transportation to and from the Company’s service location unless otherwise agreed.
Where Malaysian law requires the Company to bear collection or transportation costs, the Company shall comply.
8.7 Sale and Clearance Goods
Regular discounted or promotional Goods retain the commercial warranty applicable to those products unless different conditions were clearly disclosed before purchase.
Clearance Goods generally do not carry a voluntary commercial warranty unless otherwise expressly stated.
Mandatory statutory rights and remedies remain unaffected.
8.8 Warranty Claims
Customers should notify the Company as soon as reasonably practicable upon discovering an eligible manufacturing defect.
Proof of purchase, product information and relevant photographs should be provided where reasonably available.
The Company may reasonably inspect the affected Goods before determining an appropriate remedy.
9. LATE PAYMENT AND LEGAL RECOVERY
9.1 Payment Due Dates
Payments must be made according to the due dates in the accepted Quotation, Invoice or other applicable written agreement.
9.2 Payment Reminders
Where payment is overdue, the Company may issue reminders or formal written demands requesting settlement.
9.3 Suspension of Unperformed Work
Subject to applicable contractual obligations and Malaysian law, the Company may suspend unperformed production, procurement, delivery or other Services after reasonable notice where agreed payments remain unpaid.
9.4 Civil Debt Recovery
If payment remains outstanding after the period specified in a reasonable written demand, the Company may engage authorised legal representatives or commence appropriate civil legal proceedings.
The Company may seek legally recoverable debt amounts, court costs and other lawful remedies, subject to applicable law and any court order.
9.5 No Automatic Penalty or Interest
No automatic contractual late-payment penalty or contractual late-payment interest shall be imposed under these Terms.
This does not restrict interest or costs that a court may lawfully award.
9.6 Disputed Payments
Customers should promptly notify the Company of any genuine payment dispute.
The parties shall reasonably cooperate in resolving the dispute.
Undisputed amounts shall remain payable according to the agreed payment schedule.
9.7 Lawful Recovery
Debt recovery actions shall be conducted lawfully and with appropriate regard to confidentiality and personal data protection requirements.
10. OWNERSHIP OF GOODS
10.1 Unless otherwise agreed in writing, ownership of Goods shall pass upon full payment, subject to applicable Malaysian law.
10.2 Until ownership passes, the Customer shall not knowingly dispose of unpaid Goods contrary to the agreed ownership arrangements.
10.3 Any recovery or repossession shall be conducted only through lawful procedures.
10.4 Nothing in these Terms authorises unlawful entry, seizure or other prohibited recovery activity.
11. CUSTOMER RESPONSIBILITIES
11.1 Customers shall provide accurate order, billing, contact, delivery and project information.
11.2 Customers shall review and approve relevant product details, dimensions, specifications and drawings before final confirmation.
11.3 Changes requested following approval may affect the Price, production or delivery schedule, subject to further agreement.
11.4 Customers shall provide accurate information about site access and installation restrictions.
11.5 The Company shall not be responsible for errors caused solely by incorrect Customer-provided or expressly approved information, except where otherwise legally responsible.
12. SITE VISITS, WORKSPACE PLANNING AND INSTALLATION
12.1 Complimentary Site Visits
The Company offers complimentary Site Visits for eligible locations within designated Kuala Lumpur and Selangor service areas, subject to appointment availability and project requirements.
Site Visit arrangements outside standard coverage shall be confirmed separately, including any applicable charges.
12.2 Workspace Planning
2D AutoCAD Workspace Planning is separately quoted according to the scope, size and requirements of the project.
Any applicable planning fees and deliverables shall be agreed before work begins.
12.3 Standard Installation
Professional installation is included for eligible furniture orders within designated service areas, subject to the relevant delivery conditions and agreed scope.
Installation for Outstation orders, special projects or non-standard requirements may incur separately agreed charges.
12.4 Site Readiness
Customers shall provide a reasonably safe and accessible work area.
12.5 Building Requirements
Relevant permits, loading facilities, lift access, security registration and special site restrictions shall be disclosed in advance where reasonably practicable.
12.6 Additional Work
Services beyond the agreed scope, including unrelated renovation, electrical work or other modifications, require a separate agreement.
12.7 Customer-Caused Delays
Reasonable additional costs arising from Customer-requested changes or delays may apply where disclosed and agreed, subject to law.
13. INTELLECTUAL PROPERTY AND PROJECT MARKETING
13.1 Company Intellectual Property
Unless otherwise agreed, original designs, drawings, layouts, photographs and promotional materials created by the Company shall belong to the Company or their lawful rights holders, subject to applicable intellectual property law.
13.2 Customer Materials
The Customer retains ownership of materials lawfully provided to the Company.
The Customer grants the Company a limited, non-exclusive, royalty-free permission to use such materials to the extent reasonably necessary to fulfil the relevant order, including necessary use by authorised manufacturers or subcontractors.
13.3 Customer Intellectual Property Warranty and Indemnity
(a) Rights and Permissions
Where the Company manufactures, customises or modifies Goods according to designs, drawings, logos, specifications or other materials provided by the Customer, the Customer warrants that it has the necessary rights, licences and permissions to authorise their use.
(b) Indemnification
To the extent permitted by law, the Customer shall indemnify the Company against third-party intellectual property claims, related liabilities, lawful settlements and reasonable legally recoverable expenses directly arising from the Company’s authorised use of those materials or compliance with specific Customer instructions.
(c) Exceptions
The indemnity shall not apply to the extent a claim arises from the Company’s unauthorised use or modification, independently wrongful conduct, fraud or wilful misconduct.
(d) Claim Handling
The Company shall provide notice of a relevant claim within a reasonable period after becoming aware of it, and the parties shall reasonably cooperate in its investigation and resolution.
(e) Settlement
The Customer shall not enter into a settlement imposing liability or obligations on the Company without its prior written consent, which shall not be unreasonably withheld.
(f) Continuing Effect
This indemnity shall continue to apply to relevant claims arising from an order following its completion or termination.
13.4 Project Photography and Marketing Authorisation
13.4.1 Operational Photography
Subject to applicable site permissions, confidentiality obligations and Malaysian law, the Company may take appropriate photographs or videos for delivery verification, installation records, quality assurance and after-sales support.
13.4.2 Separate Marketing Permission
Public promotional use of project photographs or videos requires the appropriate optional authorisation through a Quotation, project authorisation form or another written agreement.
Acceptance of these general Terms alone does not automatically grant permission for promotional publication.
13.4.3 Project Photography
Where authorised, the Company may use approved, non-confidential photographs and videos of completed office furniture installations on its website, Facebook, Instagram, LinkedIn, Google Business Profile, advertisements, brochures and project portfolios.
13.4.4 Customer Names and Logos
Separate authorisation is required before identifying a Customer by company name, using a logo or trademark, or publishing a named project appreciation post.
Permission to use project photographs does not automatically permit use of the Customer’s identity or branding.
13.4.5 Scope of Permission
Authorised materials may be reasonably edited, cropped, resized and republished within the approved marketing purposes.
Such permission shall be non-exclusive and royalty-free unless otherwise agreed.
13.4.6 Confidentiality
The Company shall take reasonable precautions not to publish confidential documents, restricted project information, sensitive security arrangements or private data without the required permissions.
13.4.7 Identifiable Individuals
Commercial project authorisation does not automatically constitute permission from identifiable individuals appearing in photographs or videos.
The Company shall meet applicable personal data protection and other legal requirements.
13.4.8 Third-Party Premises
Where the Customer is an interior designer, contractor or other intermediary, the Customer shall have the necessary authority from the premises owner, occupier or other relevant rights holder before granting project marketing permission.
13.4.9 Objections and Withdrawal
Valid objections or withdrawal requests shall be assessed and handled in accordance with applicable law and the permissions granted.
13.4.10 Optional Nature
Refusing optional project marketing permission shall not affect the agreed Price, delivery, installation, warranty or statutory rights.
13.4.11 Privacy Policy
Personal data processing in relation to project marketing is governed by the Company’s Privacy and Data Collection Policy.
14. ORDER CANCELLATION
14.1 Cancellation requests must be submitted in writing.
14.2 Voluntary cancellation of standard Goods may be considered depending on the order-processing, procurement or production stage.
14.3 Customised, personalised, made-to-order and specially procured Goods are generally excluded from voluntary cancellation once procurement or production has commenced.
14.4 Reasonable and documented costs already incurred may be deducted from an approved voluntary cancellation refund where contractually agreed and legally permissible.
14.5 Refunds arising from approved cancellations shall be handled according to the applicable written arrangement and Malaysian law.
14.6 Mandatory statutory cancellation and refund rights remain unaffected.
15. PRIVACY AND PERSONAL DATA
15.1 The Company may collect and process personal data for enquiries, Quotations, orders, payments, invoicing, delivery, installation, warranty and after-sales services.
15.2 Personal data shall be handled in accordance with the Personal Data Protection Act 2010, applicable amendments and other relevant Malaysian laws.
15.3 The Company does not currently operate a general unsolicited promotional bulk-messaging programme.
15.4 If direct marketing is introduced in the future, the Company shall comply with applicable notice, consent, objection and other legal requirements.
15.5 Customers shall not be automatically enrolled in promotional messaging merely because they purchase Goods or accept these Terms.
15.6 Further details are set out in the Company’s Privacy and Data Collection Policy.
16. PRODUCT INFORMATION AND LIMITATION OF LIABILITY
16.1 Product Information
The Company shall make reasonable efforts to provide accurate product descriptions and specifications.
16.2 Minor Variations
Minor variations in appearance may occur where consistent with agreed specifications and applicable legal requirements.
16.3 Company Obligations
The Company shall perform its obligations under the confirmed order and applicable Malaysian law.
16.4 Customer-Caused Damage
The Company shall not be responsible for damage caused solely by Customer misuse, negligence, improper handling or unauthorised modifications, except where it is otherwise legally responsible.
16.5 Financial Liability Cap
(a) Maximum Aggregate Liability
To the maximum extent permitted by Malaysian law, the Company’s total aggregate monetary liability arising from a specific confirmed order, whether in contract, negligence or otherwise, shall not exceed the total agreed Price of that specific order.
The cap is based on the total agreed order Price rather than only the deposit or instalments already paid.
(b) Indirect or Consequential Loss
To the maximum extent permitted by law, the Company shall not be liable for indirect, special or consequential losses, including lost anticipated profits, business opportunities or revenue arising from the relevant order.
(c) Mandatory Exceptions
Nothing in these Terms shall exclude or restrict liability for fraud, fraudulent misrepresentation, death or personal injury where exclusion is prohibited, mandatory statutory guarantees or remedies, or any other liability that cannot lawfully be restricted.
(d) Consumer Protection
Any applicable mandatory rights or remedies under the Consumer Protection Act 1999 and other Malaysian laws shall prevail over inconsistent contractual limitations.
(e) Customer Indemnity
The Company’s liability limitation does not limit the Customer’s intellectual property indemnification obligations under Clause 13.3, subject to applicable law.
(f) Enforceability
Any limitation of liability remains subject to Malaysian law, including applicable rules concerning unfair contractual terms.
17. GENERAL TERMS
17.1 Governing Law
These Terms are governed by the laws of Malaysia.
17.2 Force Majeure
Neither party shall be responsible for delay or failure in performance to the extent caused by circumstances beyond its reasonable control, subject to applicable law.
The affected party shall notify the other party as reasonably practicable and take reasonable steps to minimise disruption.
17.3 Changes to Terms
The Company may update these Terms for future transactions.
Changes shall not automatically alter existing confirmed contracts without a valid contractual basis.
17.4 Severability
If a provision is invalid or unenforceable, the remaining lawful provisions shall continue to apply to the extent permitted.
17.5 Dispute Resolution
The parties shall first attempt to resolve disputes through reasonable good-faith communication.
Either party may pursue lawful remedies if a dispute remains unresolved.
17.6 Mandatory Rights
Nothing in these Terms overrides mandatory rights or protections under Malaysian law.
17.7 Transaction Documents
Accepted Quotations, Order Confirmations and other relevant written agreements form part of the applicable transaction.
17.8 Relationship with Other Policies
These Terms shall be read together with:
(a) Refund and Returns Policy; and
(b) Privacy and Data Collection Policy.
The Refund and Returns Policy governs detailed return, exchange, refund and after-sales procedures.
The Privacy and Data Collection Policy explains how personal data is collected, processed and protected.
Specific commercial terms in an accepted Quotation shall prevail over inconsistent general commercial provisions for the relevant transaction, subject to mandatory law.
18. STORAGE AND PHASED PROJECT DELIVERY
18.1 Phased deliveries and installations shall follow the relevant accepted Quotation or written agreement.
18.2 Customer-requested storage is subject to Company approval and available capacity.
18.3 Extended storage, additional delivery trips or special handling may incur reasonable additional charges where disclosed and agreed.
18.4 Payment arrangements for phased projects shall follow the applicable Quotation or Invoice.
18.5 Customers should provide reasonable advance notice of requested delivery or installation changes.
18.6 Where delivery cannot proceed as agreed, the parties shall discuss suitable alternative arrangements.
18.7 Any consequences of extended storage, delays or project cancellation shall follow the relevant written agreement and applicable law.
19. CONTACT INFORMATION
ELITE HONEST GROUP SDN BHD
Company Registration No.: 1426548-V
Trading Brand: AY Office System
Business Address:
No. 139, Jalan Palas 2, Taman Dato Hormat,
42500 Telok Panglima Garang, Selangor, Malaysia.
Sales Enquiries:
salesenquiries@ayofficesystem.com
Logistics & Support:
support@ayofficesystem.com
Finance Department:
finance@ayofficesystem.com
Business Hours:
Monday – Friday: 9:30 AM – 5:00 PM
Saturday, Sunday and Public Holidays: Closed
Official Website:
https://ayofficesystem.com/
20. ACKNOWLEDGEMENT
By accepting an official Quotation or completing an order where these Terms have been properly incorporated into the relevant transaction, the Customer agrees to the applicable Terms, subject to Malaysian law.
All official contractual and commercial transactions under AY Office System are undertaken by Elite Honest Group Sdn Bhd.
Optional project photography and customer branding authorisations require appropriate separate permission.
Nothing in these Terms excludes or restricts mandatory statutory rights, guarantees or remedies.