1.1 In these Conditions:
“Customer” means the person who accepts a quotation of laundrobot.com.my for the supply of Goods or who otherwise enters into a contract for the supply of Goods with laundrobot.com.my;
“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 Customer and laundrobot.com.my;
“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
“Goods” means the items and products (including any instalment of the goods or any parts for them) which laundrobot.com.my is to supply in accordance with a Contract;
“Writing” includes electronic mail, facsimile transmission, and any comparable means of communication;
“laundrobot.com.my” is a business unit and division of ZOHL Industries Sdn Bhd, based in M2-15-02, Level 15, 8trium Tower 2, Jalan Cempaka SD 12/5, Bandar Sri Damansara, 52200, 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 laundrobot.com.my to the Customer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in laundrobot.com.my’s website in 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. In entering into the Contract the Customer 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 authorized representatives of the Customer and laundrobot.com.my.
2.4 Any typographical, clerical or other error or omission in any quotation, invoice or other document or information issued by laundrobot.com.my in its website shall be subject to correction without any liability on the part of laundrobot.com.my.
2.5 laundrobot.com.my may provide Customer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Customer and laundrobot.com.my will only be completed upon laundrobot.com.my issuing a confirmation of dispatch of the Goods to the Customer. For the avoidance of doubt, laundrobot.com.my shall be entitled to refuse or cancel any order without giving any reasons for the same to the Customer prior to issuee of the confirmation of dispatch. laundrobot.com.my shall furthermore be entitled to require the Customer to furnish laundrobot.com.my with contact and other verification information, including but not limited to address, contact numbers, email address prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Customer except with the agreement in writing of laundrobot.com.my and on terms that the Customer shall indemnify laundrobot.com.my in full against all loss (including loss of profit) costs (including the cost of all labor and materials used) damages charges and expenses incurred by laundrobot.com.my as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in laundrobot.com.my’s website at the time which the Customer makes its offer purchase to laundrobot.com.my. The price excludes the cost of packaging and delivery charges, any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to laundrobot.com.my 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 laundrobot.com.my’s website. The terms and conditions applicable to each type of payment, as contained in laundrobot.com.my’s website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in laundrobot.com.my’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Customers. laundrobot.com.my accepts all Visa and MasterCard, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information is protected by means of industry-leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
laundrobot.com.my 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 Customer shall transfer the payment for the Goods to a laundrobot.com.my’s account for the total amount of the Customer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. laundrobot.com.my, 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, laundrobot.com.my accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, and RHB.
5.2.4 Cash On Delivery (currently, not available)
Cash on Delivery (Pay cash upon delivery) is available within the region of Klang Valley, Penang and Johor Bahru against a fee of RM5 per order. laundrobot.com.my reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
5.3 If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to laundrobot.com.my, laundrobot.com.my shall be entitled to:
5.3.1 Cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.3.2 Charge the Customer interest (both before and after any judgment) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
6.1 Delivery of the Goods shall be made to the address specified by the Customer in its order.
6.2 laundrobot.com.my has the right at any time to sub-contract all or 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 Customer.
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 laundrobot.com.my shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If laundrobot.com.my has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Customer shall be entitled, by serving written notice on laundrobot.com.my, to demand performance within a specified time thereafter, which shall be at least 14 days. If laundrobot.com.my fails to do so within the specified time, the Customer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of laundrobot.com.my’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 If the Customer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of laundrobot.com.my’s fault) then without prejudice to any other right or remedy available to laundrobot.com.my, laundrobot.com.my 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 Customer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 Terminate the Contract and 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 Customer wrongfully fails to take delivery of the Goods, the time when laundrobot.com.my 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 Customer until laundrobot.com.my 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 laundrobot.com.my to the Customer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as laundrobot.com.my’s fiduciary agent and Bailee and shall keep the Goods separate from those of the Customer.
7.4 The Customer agrees with laundrobot.com.my that the Customer shall immediately notify laundrobot.com.my of any matter from time to time affecting laundrobot.com.my’s title to the Goods and the Customer shall provide laundrobot.com.my with any information relating to the Goods as laundrobot.com.my may require from time to time.
7.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) laundrobot.com.my shall be entitled at any time to demand the Customer to deliver up the Goods to laundrobot.com.my and in the event of non-compliance laundrobot.com.my reserves its right to take legal action against the Customer 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 Customer.
7.6 The Customer 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 laundrobot.com.my but if the Customer does so all moneys owing by the Customer to laundrobot.com.my shall (without prejudice to any other right or remedy of laundrobot.com.my) forthwith become due and payable.
7.8 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 Customer shall take all steps necessary to give effect to the same.
7.9 The Customer shall indemnify laundrobot.com.my against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of laundrobot.com.my’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, laundrobot.com.my 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 Customer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), laundrobot.com.my further gives to the Customer such implied warranties as cannot be excluded by law.
8.2.1 laundrobot.com.my’s 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 laundrobot.com.my.
(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) laundrobot.com.my 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 laundrobot.com.my’s opinion in that behalf. laundrobot.com.my does not give any warranty as to the quality state condition or fitness of the Goods.
(d) laundrobot.com.my shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of laundrobot.com.my, addition and insertion of parts, in particular of spare parts which do not come from laundrobot.com.my.
(e) laundrobot.com.my shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful 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 laundrobot.com.my’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without laundrobot.com.my’s approval.
(f) laundrobot.com.my 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 laundrobot.com.my’s prior written approval and the Customer shall indemnify laundrobot.com.my against each loss liability and cost arising out of such claims.
(g) laundrobot.com.my 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) laundrobot.com.my 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 Customer 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 laundrobot.com.my 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. laundrobot.com.my shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Customer 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 laundrobot.com.my had contracted to deliver.
8.2.3 If the Buyer does not give due notification to laundrobot.com.my in accordance with the Condition 8.2.2, laundrobot.com.my shall have no liability for any defect or failure or for any consequences resulting 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 laundrobot.com.my 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 Customer, the Customer 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, laundrobot.com.my may, at its sole discretion, grant such a reduction to the Customer. Upon a repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against laundrobot.com.my.
8.2.4 When laundrobot.com.my has provided replacement Goods or given the Customer a refund, the non-conforming Goods or parts thereof shall become laundrobot.com.my’s property.
9. Force Majeure
9.1 laundrobot.com.my shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of laundrobot.com.my’s obligations if the delay or failure was due to any cause beyond laundrobot.com.my’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond laundrobot.com.my’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 laundrobot.com.my or of a third party);
9.1.6 Interruption of production or operation, difficulties in obtaining raw materials labor 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 laundrobot.com.my may at its option:-
9.2.1 Fully or partially suspend delivery/performance while such event or circumstances continues;
9.2.2 Terminate any Contract so affected with immediate effect by written notice to the Customer and laundrobot.com.my shall not be liable for any loss or damage suffered by the Customer as a result thereof.
10. Insolvency of Customer
10.1 This condition applies if:
10.1.1 The Customer 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 Customer; or
10.1.3 The Customer ceases – or threatens to cease – to carry on business; or
10.1.4 laundrobot.com.my reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
10.2 If this condition applies then without prejudice to any other right or remedy available to laundrobot.com.my, laundrobot.com.my shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Customer 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.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to laundrobot.com.my, to its registered office or principal place of business and if to the Customer, to the address stipulated in the relevant offer to purchase