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INTRODUCTION

Welcome to the www.powertools.my website (the "Site"). These terms and conditions apply to the Site, Major Harvest 3S Powertools Centre (341614-X), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. Major Harvest 3S Powertools Centre, a company incorporated in Malaysia under registration number 341614-X and having its registered address at No.37-1, Jalan Medan tuanku, 50300 Kuala Lumpur. 

By accessing the Site, you confirm your understanding of the Terms and Conditions. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

USE OF THE SITE

We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site.  You can give the message to our customer service or email to info@powertools.my for subsequently opt out of receiving such promotional email

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Major Harvest 3S Powertools Centre (341614-X), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
 

Terms of Use

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation of Major Harvest 3S Powertools Centre for the supply of Goods or who otherwise enters into a contract for the supply of Goods with 3S Powertools Centre;

"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Major Harvest 3S Powertools Centre;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

Major Harvest 3S powertools Centre, a company incorporated in Malaysia under registration number 341614-X and having its registered address at No.37-1, Jalan Medan Tuanku, 50300 Kuala Lumpur, Malaysia.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
 

2. Basis of the Contract

2.1 The supply of Goods by Major Harvest 3S Powertools Centre to the Buyer shall be subjected to these Conditions which shall govern to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in Major Harvest 3S Powertools Centre's website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. The Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Major Harvest 3S Powertools Centre.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Major Harvest 3S Powertools Centre in its website shall be subject to correction without any liability on the part of Major Harvest 3S Powertools Centre. 
 

3. Orders and Specifications

3.1 Order acceptance and completion of between the Buyer and Major Harvest 3S Powertools Centre will only be completed upon Major Harvest 3S Powertools Centre issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Major Harvest 3S Powertools Centre shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Major Harvest 3S Powertools Centre shall furthermore be entitled to require the Buyer to furnish Major Harvest 3S Powertools Centre with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 Modified or cancelled by the Buyer except with the agreement in writing of Major Harvest 3S Powertools Centre and on terms that the Buyer shall indemnify Major Harvest 3S Powertools centre in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Major Harvest 3S Powertools Centre as a result of the modification or cancellation, as the case may be.
 

4. Price

The price of the Goods and/or Services shall be the price stated in Major Harvest 3S Powertools Centre's website at the time which the Buyer makes its offer purchase to Major Harvest 3S Powertools Centre. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to 3S Powertools centre in addition to the price. 
 

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Major Harvest 3S Powertools Centre's website. The terms and conditions applicable to each type of payment, as contained in Major Harvest 3S Powertools Centre's website.

5.2 In addition to any additional terms contained in Major Harvest 3S Powertools Centre's website, the following terms shall also apply to the following types of payment.

5.2.1 Credit Card

Credit Card payment is possible for all Buyers. When the Buyer places an order with Credit Card on the Major Harvest 3S Powertools Centre website. This system is certified and allows Major Harvest 3S Powertools Centre to accept payments such as Visa and MasterCard and. All credit card numbers shall be protected by means of industry-leading encryption standards.

5.2.2 Debit Cards

Major Harvest 3S Powertools Centre accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Major Harvest 3S Powertools Centre's account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Major Harvest 3S Powertools Centre, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

ii. For the time being, Major Harvest 3S Powertools Centre accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
 

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Major Harvest 3S Powertools Centre has the right at any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Major Harvest 3S Powertools Centre shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Major Harvest 3S Powertools Centre has failed to deliver the Goods in accordance or within a reasonable time, the Buyer shall be entitled, by serving written notice on Major Harvest 3S powertools Centre, to demand performance within a specified time thereafter, which shall be at least 14 days. If Major Harvest 3S Powertools Centre fails to do so within the specified time, the Buyer shall be entitled to terminate  respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Major Harvest 3S Powertools Centre's non-performance, which was foreseeable at the time of conclusion and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Major Harvest 3S Powertools Centre fault) then without prejudice to any other right or remedy available to Major Harvest 3S Powertools Centre may: 

6.5.1 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 provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price; or claim damages.
 

7. Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Major Harvest 3S Powertools Centre has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Major Harvest 3S Powertools Centre has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Major Harvest 3S Powertools Centre to the Buyer for which payment is then due.

7.3 The Buyer agrees with Major Harvest 3S Powertools Centre that the Buyer shall immediately notify Major Harvest 3S Powertools Centre of any matter from time to time affecting Major Harvest 3S Powertools Centre's title to the Goods and the Buyer shall provide Major Harvest 3S Powertools Centre with any in-formation relating to the Goods as Major Harvest 3S Powertools Centre may require from time to time.

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Major Harvest 3S Powertools Centre shall be entitled at any time to demand the Buyer to deliver up the Goods to Major Harvest 3S Powertools Centre and in the event of non-compliance Major Harvest 3S Powertools Centre reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Major Harvest 3S Powertools Centre but if the Buyer does so all moneys owing by the Buyer to Major Harvest 3S Powertools Centre shall (without prejudice to any other right or remedy of Major Harvest 3S Powertools Centre) forthwith become due and payable.

7.6 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

7.7 The Buyer shall indemnify Major Harvest 3S Powertools Centre against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of Major Harvest 3S Powertools Centre's rights under this condition.
 

8. Warranties and Remedies

8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

8.2 Subject to this Condition 8, Major Harvest 3S Powertools Centre warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Major Harvest 3S Powertools Centre further gives to the Buyer such implied warranties as cannot be excluded by law.

8.2.1 3S Powertools Centre above warranty concerning the Goods is given subject to the following conditions:

(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Major Harvest 3S Powertools Centre.

(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

(c) Major Harvest 3S Powertools Centre binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Major Harvest 3S Powertools Centre's opinion in that behalf. Major Harvest 3S Powertools Centre does not give any warranty as to the quality state condition or fitness of the Goods.

(d) Major Harvest 3S Powertools Centre shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Major Harvest 3S Powertools Centre, addition and insertion of parts, in particular of spare parts which do not come from Major Harvest 3S Powertools Centre.

(e) Major Harvest 3S Powertools Centre shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Major Harvest 3S Powertools Centre's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Major Harvest 3S Powertools Centre's approval.

(f) Major Harvest 3S Powertools Centre is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Major Harvest 3S Powertools Centre's prior written approval and the Buyer shall indemnify Major Harvest 3S Powertools Centre against each loss liability and cost arising out of such claims.  

(g) Major Harvest 3S Powertools Centre shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

(h) Major Harvest 3S Powertools Centre shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

8.2.2 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 specification shall be notified to Major Harvest 3S Powertools Centre within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Major Harvest 3S Powertools Centre shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Major Harvest 3S Powertools Centre had contracted to deliver.  

8.2.3 If the Buyer does not give due notification to Major Harvest 3S Powertools Centre in accordance with the Condition 8.2.2, Major Harvest 3S Powertools Centrre shall have no liability for any defect or failure or for any consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Major Harvest 3S Powertools Centre in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Major Harvest 3S Powertools Centre may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Major Harvest 3S Powertools Centre.

8.2.4 When Major Harvest 3S Powertools Centre has provided replacement Goods, the non-conforming Goods or parts thereof shall become Major Harvest 3S Powertools Centre property.
 

9. Force Majeure

9.1 Major Harvest 3S Powertools Centre shall not be liable to the Buyer by reason of any delay in performing or any failure to perform any of Major Harvest 3S Powertools Centre's obligations if the delay or failure was due to any cause beyond Major Harvest 3S Powertools Centre's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Major Harvest 3S Powertools Centre's reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;

9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

9.1.4 import or export regulations or embargoes;

9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Major Harvest 3S Powertools Centre or of a third party);

9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

9.1.7 power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 Major Harvest 3S Powertools Centre may at its option:-

9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

9.2.2 immediate effect by written notice to the Buyer and Major Harvest 3S Powertools Centre shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
 

10. Insolvency of Buyer

10.1 This condition applies if:

10.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

10.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or

10.1.3 the Buyer ceases - or threatens to cease - to carry on business; or

10.1.4 3S Powertools Centre reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

10.2 If this condition applies then without prejudice to any other right or remedy available to Major Harvest 3S Powertools Centre, Major Harvest 3S powertools Centre shall be entitled to suspend any further delivery/performance without any liability to the Buyer and if 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. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Major Harvest 3S Powertools Centre, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
 

12. Liability

12.1 Major Harvest 3S Powertools Centre shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, Major Harvest 3S Powertools Centre’s liability shall be subject to the limitations set out in this Condition 12.

12.2 Major Harvest 3S Powertools Centre shall be under no liability whatsoever where this arises from a reason beyond its reasona-ble control as provided in Condition 9 or from an act or default of the Buyer.

12.3 In no event shall Major Harvest 3S Powertools Centre be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Major Harvest 3S Powertools Centre had been advised of the possibility of the Buyer incurring the same.

12.4 Where time of performance has been agreed by Major Harvest 3S Powertools Centre becomes the essence by means of notice by the Buyer to Major Harvest 3S Powertools Centre, as provided for in Clause 6.4, and Major Harvest 3S Powertools Centre fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, Major Harvest 3S Powertools Centre’s liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods. 

12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Major Harvest 3S powertools Centre’s liability for the same shall be limited in the manner specified in Condition 8.

12.6 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

12.7 No action shall be brought by Major Harvest 3S Powertools Centre later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

 

13. Major Harvest 3S powertools Centre reserves the right to these terms and conditions of sale at any time.

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