1.1 In these Terms, unless the context requires otherwise:-
“Buyer” means the person who buys or agrees to buy the Goods from the Seller.
“Contract” means any contract for the sale of Goods by the Seller to the Buyer made after the Buyer first receives a copy of these Terms from the Seller.
“Goods” means the goods which the Buyer agrees to buy from the Seller.
“Price” means the price for the Goods excluding sales tax and any other additional charges (such as delivery charges) notified to the Buyer when placing the order.
“Seller” means SecureManage Networks dba LittleKindle, a company incorporated in Malaysia (registered number KC0000054-H).
“Terms” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 Basis of purchase
2.1 These Terms apply to all Contracts to the exclusion of all other terms and conditions.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods on these Terms.
2.3 Payment by the Buyer for the Goods or acceptance of delivery of the Goods (whichever is earlier) shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms.
2.4 Save as expressly otherwise provided herein, no variation to these Terms shall be effective unless it has been agreed in writing by the Seller.
3 Price and payment
3.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted or a quoted price is no longer valid, the Seller’s standard price for the Goods as at the date of acceptance of the order.
3.2 Payment of the Price and sales tax shall be due within 3 days of the date of the invoice, or within any shorter timescale which has been agreed between the Buyer and Seller at the time the Goods are ordered. Time of payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue (both before and after judgement) from the date when payment becomes due from day to day until the date of payment at a rate of 3% above Bank Negara’s base rate then in force.
4 The Goods
The quantity and description of the Goods shall be as set out in the Seller’s website, quotation or acknowledgement of order (which may be written or verbal).
5 Warranties and liability
5.1 The Seller warrants that, at the time of delivery, the Goods:-
5.1.1 will correspond to the description given by the Seller; and
5.1.2 will be of satisfactory quality within the meaning of the Sale of Goods Act 1957, and except where the Buyer is dealing as a consumer, all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
5.2 The Seller shall not be liable to the Buyer for any loss of profits; loss of business or any indirect or consequential loss howsoever caused which arise out of or in relation to any Contract.
5.3 The Seller’s maximum liability (whether in contract, delict or otherwise) to the Buyer arising in connection with any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of RM100 or the Price paid under that Contract (whichever is less).
5.4 Nothing in these Terms excludes or limits the liability of the Seller for death or personal injury caused by its negligence or for any other matter for which it would be illegal for the Seller to attempt to exclude its liability.
6 Delivery of the Goods
6.1 Delivery of the Goods shall be made by the Seller to the Buyer’s principal place of business or such other place of delivery as is agreed with the Buyer in writing.
6.2 Any dates quoted for delivery of the Goods are approximate only and time of delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of any quoted delivery date subject to giving reasonable notice to the Buyer.
6.3 The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
7 Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery.
7.2 After acceptance the Buyer shall not be entitled to reject the Goods for any reason.
7.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with description shall be notified to the Seller within 24 hours of delivery.
7.5 Where a valid claim in respect of any of the Goods is made in accordance with paragraph 7.3, the Seller may replace the Goods (or the part in question) free of charge, or at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.
8 Returns and Refunds
8.1 Returned Goods must be in the original packaging and include any manuals, cabling and accessories in saleable condition. We reserve the right to limit returns to unopened or defective Goods. Defective Goods will be replaced with a like item, upon return.
8.2 We do not accept returns of any Goods that:-
8.2.1 are not in accordance with clause 7.
8.2.2 are intangible such as downloadable content.
8.2.3 have been opened (taken out of its plastic wrap).
8.2.4 are not in their original condition.
8.2.5 are damaged, played, or are missing parts.
8.2.6 were sold as part of a bundle, unless the bundle is returned complete.
9 Title and risk
Title to the Goods shall pass to the Buyer upon the later of payment of the Price and delivery of the Goods. Risk in the Goods shall pass to the Buyer once the Goods leave the Seller's premise.
10 Insolvency of buyer
In the event that the Buyer goes into any form of insolvency, or ceases or threatens to cease, carrying on business or the Seller reasonably apprehends that any of the foregoing events is about to occur and notifies the Buyer accordingly, then the Seller may cancel any Contract, or suspend any further deliveries under any Contract without any liability to the Buyer, and if the 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.
11.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform any of its obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control, including (without limiting the foregoing) Acts of God; war; changes of law or restrictions imposed by government authority; strikes (whether involving the Seller’s employees or those of third parties) or supply chain failure.
11.2 The Buyer shall not be entitled to assign any Contract or any part thereof without the prior written consent of the Seller.
11.3 Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business.
11.4 No waiver by the Seller of any breach of a Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.5 In the event that any inconsistencies exist between these Terms and any future published Terms or understanding, the last published Terms shall take precedence.
11.6 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms shall not be affected.
11.7 Each Contract shall be governed by the Malaysia law and the parties submit to the exclusive jurisdiction of the Malaysia courts.