Last changes at 12-04-2018

The following Terms of Delivery apply to all deliveries of products and services provided by or on behalf of NTS Computers Sdn. Bhd (hereinafter referred to as the “Seller”).

The party placing an order, whether a company, consumer, government body, or any other organisation, shall hereinafter be referred to as the “Buyer”.

All deliveries shall be made in accordance with the General Terms of Sale and Delivery as registered with the Chamber of Commerce Rotterdam, dossier number 24238658.

1. Invoices

1. Seller’s quotations are valid for a period of thirty (30) days unless otherwise stated.A quotation does not create any obligation for the Seller until the Buyer’s order has been accepted in accordance with these Terms and Conditions.
2. The Buyer must submit a written order via email, mail, or the NTS webshop (https://www.ntscomputers.com.my/), providing sufficient information for the Seller to process the order.
3. Upon acceptance of the order, the Buyer will receive an order confirmation by email

2. Price and Shipping

1. All prices stated exclude VAT unless otherwise specified.
2. Prices include standard packaging but exclude delivery and shipping charges unless stated otherwise in the invoice.
3. The delivery period begins from the date the Seller accepts the Buyer’s order. The Seller will make reasonable efforts to deliver within the agreed timeframe but shall not be held responsible for delays beyond its control.
4. The Seller reserves the right to deliver products in multiple shipments unless otherwise agreed,
5. The Seller may cancel an order, fully or partially, if certain products are no longer available,
6. The Seller reserves the right to revise prices if purchase or shipping costs increase significantly beyond the original calculation. The Buyer may cancel the affected products, fully or partially, in such circumstances, except for services already provided.

3. Acceptance

1. In the event of any conflict between these Terms and any other terms applied by the Buyer,these General Terms shall prevail and apply exclusively.

4. Shipment, Risk and Ownership

1. Risk of loss or damage transfers to the Buyer upon delivery by the Seller.
2. Ownership of products transfers to the Buyer only after all payment obligations relating to the relevant shipment have been fulfilled.
3. Any damage or shortage during transportation must be reported to the Seller by email within twenty-four (24) hours of receipt. Failure to do so may result in the Seller’s liability being waived.
4. Any defects discovered after delivery must also be reported to the Seller via email within twenty-four (24) hours from the time the defects are identified.

5. Payment

1. All invoices are payable within fourteen (14) days from the invoice date unless otherwise stated.
2. If payment is overdue, the Seller reserves the right to charge interest at a rate of 1.5% per month. If payment remains outstanding after forty-five (45) days, the Seller may appoint a collection agency. Any related costs shall be borne by the Buyer.
3. The Seller may suspend delivery if the Buyer fails to meet agreed payment terms.
4. The Seller reserves the right to reclaim any delivered products if the Buyer fails to fulfil its payment obligations, including cases where the Buyer has been declared bankrupt, placed under a payment suspension arrangement, or has failed to settle outstanding payments within ninety (90) days. The reclamation of products does not relieve the Buyer from its obligation to make payment. The products shall remain secured by the Seller until all outstanding payments have been fully settled. Any additional costs incurred, including transportation, labour, interest, or legal fees, shall be borne by the Buyer.
5. No discounts, including cash discounts or early payment discounts, shall apply unless approved in writing by the Seller.

6. Specification of Products

1. Products will be supplied according to the specifications provided by the Seller to the Buyer, where applicable.However, the Seller reserves the right to modify the design, specifications, or features of the products to be delivered, provided that such changes do not affect the overall quality or performance of the products.
2. The Seller will make reasonable efforts to ensure that all technical information, specifications, and product descriptions provided are accurate and up to date.However, the Seller shall not be held liable for any loss, damage, or claims arising from errors, inaccuracies, or omissions in the technical information and/or product descriptions.

7. Warranty

1. In the event that the sold product(s) are new (not refurbished), the Seller shall only provide warranty coverage received from and/or agreed with the supplier. Generally, such warranty shall include the following:

1. If, according to the manufacturer, any defect occurs within the applicable warranty period due to defects in design, materials, or workmanship, the supplier may, at its discretion, repair, replace, or refund the affected product. This warranty shall not apply in cases of misuse, improper maintenance, unauthorised repairs, or modifications made by any party other than the manufacturer.
2. For products manufactured according to the Buyer’s design or specifications, all responsibility relating to such design and requirements shall remain with the Buyer. Any specific warranty conditions or limitations will be stated in the invoice or sales confirmation.

1. The Seller will only accept warranty claims for products where the Seller is responsible for providing the warranty service. Otherwise, the Buyer shall contact the manufacturer or the manufacturer’s authorised service centre directly. Details of the manufacturer’s warranty terms may be provided by the Seller upon request.
2. Products covered under warranty may only be returned with the Seller’s prior approval and a valid Return Merchandise Authorisation (RMA) number. All returned products must be properly packaged and shipped according to the Seller’s requirements. Returns sent without prior approval or with unpaid shipping charges will not be accepted and may be returned to the Buyer. If a returned product is inspected and found to have no defect, the Seller reserves the right to return the product to the Buyer and charge a reasonable inspection and handling fee, with a minimum charge of EUR 25. Unless otherwise agreed, all RMA-related shipping costs shall be borne by the Buyer
3. If a warranty claim is rejected by the manufacturer due to misuse, improper handling, unauthorised modification, or any other reason determined by the manufacturer, the Buyer’s warranty claim shall be considered invalid.
4. Once a returned product has been accepted for warranty service, the standard repair period shall generally be between two (2) to four (4) weeks unless otherwise agreed. The Seller may provide a replacement product where appropriate, but the Buyer shall not require such replacement as a guaranteed entitlement.
5. If a product is found to be defective upon arrival (Dead on Arrival / DOA), the Buyer must notify and return the product to the Seller within fourteen (14) days from the date of receipt. The Seller will make reasonable efforts to arrange a prompt replacement, subject to product availability and verification of the defect.
6. Where no manufacturer’s warranty is available, particularly for used or refurbished products, the Seller may provide warranty coverage for a period of up to twelve (12) months unless otherwise stated in clause 7c. If the Seller is unable to repair the product within the applicable warranty period, the Seller reserves the right to either refund the Buyer or provide a replacement product of similar specifications, subject to availability;
7. The Seller shall not be liable for any warranty obligations other than those expressly stated in Clause 7(a). All other warranties, whether express, implied, contractual, statutory, or otherwise, are expressly excluded to the fullest extent permitted by applicable law. The Seller shall not be responsible for any direct, indirect, incidental, consequential, material, or non-material loss or damage arising from, or in connection with, the delivery, use, or performance of any products or services supplied by the Seller, whether incurred by the Buyer or any third party;
8. The Buyer shall not, under any warranty claim, be entitled to delay or withhold payment.

8. Force Majeure

1. The Seller shall not be liable for any failure to perform the sales agreement, whether in whole or in part, or for any delay or non-performance, if such failure or delay is caused by events beyond the Seller’s reasonable control, including but not limited to war, civil unrest, riots or uprisings, mobilisation, requisition, shortage of materials, equipment or labour, governmental actions, energy shortages, fire, industrial disputes, supplier default or negligence, or any other cause beyond the Seller’s control;
2. In the event the Seller is unable to fulfil the sales agreement due to any of the circumstances referred to above, the delivery period shall be extended by a period equal to the duration of the impediment. During such a period, the Buyer shall not be entitled to cancel the sales agreement. If the Seller is still unable to deliver the ordered products after a continuous period of three (3) months, either party shall be entitled to cancel the order. Such cancellation shall not give rise to any right to compensation or damages.

9. Personal Data

1. The Buyer agrees that personal data and transaction history may be stored inNTS’s database records.
2. The Buyer agrees that contact details may be used for communication, information, or promotional purposes unless objections are submitted.
3. Personal data may be shared with third parties where necessary to provide contracted services or fulfil supplier/manufacturer requirements.

10. Storage Costs

1. If the shipment of products is delayed due to circumstances attributable to the Buyer, the Seller shall store the products at the Buyer’s risk and expense. All costs arising from such storage shall be borne by the Buyer.Notwithstanding the storage of the products, the goods shall be deemed delivered to the Buyer as of the date they are placed into storage by the Seller.

11. Intellectual Property Rights

1. Neither the exchange of products nor the provision or publication of any technical information relating to the products shall be interpreted as granting any licence or rights in respect of any intellectual property rights or other proprietary rights. In the event that the Buyer’s request infringes or potentially infringes any third-party intellectual property or proprietary rights, all additional costs incurred in relation to such request, including any matters arising from or relating to such rights or infringement, shall be borne by the Buyer

12. Applicable Law

1. All invoices issued by, and agreements entered into with, the Seller shall be governed exclusively by the laws of the Netherlands. Any disputes arising between NTS and the Buyer shall be submitted to the competent court within the District of Rotterdam, unless NTS chooses to bring the dispute before the court having jurisdiction in the Buyer’s place of residence. This provision excludes disputes falling within the jurisdiction of the subdistrict court (kantonrechter).

13. Replacement and Refund

1. The Seller shall only replace or reimburse products if such an agreement has been expressly made at the time of sale and is clearly stated on the invoice and/or warranty document. Accessories, including but not limited to media (such as CDRs, tapes, discs, etc.), printer cartridges, and similar consumables, shall not be eligible for replacement or reimbursement.

ALL PRODUCTS REMAIN PROPERTY OF N.T.S. COMPUTERS TECHNOLOGY BV UNTIL ALL PAYMENT AGREEMENTS HAVE BEEN FULFILLED.