Terms and Conditions of Sale
Xinyong Illumination Sdn. Bhd.
1. General Acceptance
By placing an order or accepting a delivery, the Client explicitly waives their own standard terms and conditions. Any variations to these terms are only valid if expressly agreed upon in writing by Xinyong Illumination Sdn. Bhd.
2. Payment & Financial Protection
Payment Term: Invoices are payable within twenty-one (21) working days, unless otherwise stated.
Late Interest: We reserve the right to charge a fixed interest payment of 10% on any sum remaining due after the deadline.
Suspension of Service: We are authorized to suspend all services, deliveries, or warranty support without prior warning in the event of late payment.
Debt Recovery: For payments outstanding more than sixty (60) days, we reserve the right to engage debt recovery agencies. All legal expenses and recovery commissions will be payable by the Client on a full indemnity basis.
3. Retention of Title
Ownership of all goods supplied remains with Xinyong Illumination Sdn. Bhd. and shall not pass to the Client until full payment has been received. Until title passes, the Client must store the goods safely and identify them as our property. We reserve the right to enter the Client’s premises to repossess unpaid goods.
4. Regulatory Compliance & Indemnity
Client Responsibility: The Client warrants that they will comply with all Malaysian laws, including the Road Transport Act 1987 (JPJ), SIRIM, and KPDN regulations regarding the resale and installation of products.
No Representation of Legality: Our supply of goods does not constitute a guarantee of regulatory approval for specific vehicle use. It is the Client’s sole responsibility to ensure products meet local road-legal standards.
Indemnity: The Client shall indemnify Xinyong Illumination Sdn. Bhd. against all fines, legal costs, or damages arising from the Client’s failure to adhere to government regulations or unauthorized modification of the products.
5. Limitation of Liability
Obligation of Means: We undertake to provide performant services; however, our obligations are not to be considered an "obligation to achieve results" or commercial outcomes.
Third-Party Claims: Xinyong Illumination Sdn. Bhd. shall not be required to appear as a third party in any claim for damages filed against the Client by an end consumer or government body.
Financial Cap: To the extent permitted by law, our total liability for any claim shall not exceed the amount actually paid by the Client for the specific goods in question.
6. Claims & Governing Law
Claims: To be admissible, any claim regarding goods or services must be sent via recorded delivery (Registered Mail) to our registered office within eight (8) days of delivery.
Governing Law: All contractual relations are governed exclusively by Malaysian Law, and the parties submit to the jurisdiction of the Malaysian courts.