Welcome to Sureserv! Thanks for visiting our website. This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”) listed on our website www.sureserv.com.my (the “Site”) to you (the “Terms and Conditions”). Please take some time to read these Terms and Conditions before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms and Conditions. Sureserv reserves the right to update the Terms and Conditions without prior notice.
Terms & Conditions of Sale
Sureserv Engineering Sdn. Bhd.
with registered office at Sri Petaling, KL, Malaysia
- Who We Are
We are Sureserv Engineering Shd Bhd (Company no. 410654-H) having our business address at 35-2, Jalan Radin Anum 2, Bandar Baru Sri Petaling, 57000 Kuala Lumpur, Malaysia trading as www.sureserv.com.my (“SVE”).
- In General
SVE owns and operates this Website. Access to this Website is permitted on a temporary basis, and SVE reserve the right to withdraw or amend the Website services without prior notice. SVE will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, SVE may restrict access to some parts or all parts of this Website. If you do not accept these terms and conditions or have any questions that SVE do not answer in our frequently asked questions (FAQ) or help section, please contact [email protected].
These conditions are applicable to all agreements concluded by SVE, to all services to be provided and to all offers made by SVE, all such with the exclusion of the terms and conditions of purchasers or other parties as indicated and/or stated as having been lodged on their letterheads, order and delivery forms, invoices, etc. You accept these conditions by the simple act of submitting an order. Variation of these conditions is only possible on a transaction by transaction basis if expressly agreed in writing.
In order to contract with SVE, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. SVE retains the right to refuse any request made by purchaser. When placing an order, you undertake that all details provided to us are true and accurate, that you are an authorised user of the credit or debit card used to place an order and that there are sufficient funds to cover the cost of the goods.
Any party or person is prohibited to: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; spam; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and SVE will report any such breach to the relevant law enforcement authorities and disclose his identity to them.
SVE will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to any party or person’s use of this Website or of any material downloaded from it, or on any website linked to it.
- Terms of Sale
To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.You shall not misuse the Site by creating multiple user accounts.
- Formation of Contract
The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you. A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times. Orders shall only become binding after they have been accepted or confirmed in writing by SVE.
All offers are without obligation unless specifically stated to the contrary in writing. SVE is not liable for errors or deviations from samples, indicated measurements, weights, models, colours and/or other data provided by SVE to the purchaser. Obvious errors and misprints in offers, order confirmations and invoices can be rectified by SVE at any time.
- Changes and Cancellations
Changes to and cancellations of any agreement are possible only with the written permission of SVE. Please contact [email protected] immediately. If you wish to change or cancel an agreement or if an agreement is changed or cancelled at the request of SVE due to reasons attributable to you, you are responsible for reimbursing SVE for all damages, including loss of profits, and all costs arising from such changes or cancellations, subject to a minimum charge of 10% of the invoice value.
If any error in the price of any goods is discovered, which you have ordered, we will inform you of this as soon as possible and give the option of reconfirming the order at the correct price or cancelling it. If you are unable to contact, the order will be treated as cancelled. You will receive a full refund if you have already paid for the goods.
- Prices& Payment
Prices are in Malaysian ringgit (RM). Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’. The prices specified by us are free of obligation and are dependent on price changes made by suppliers, exchange rates, price swings and other price determinative factors. SVE is entitled to pass on to the purchaser any price increases that become effective before the order is confirmed.The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method. Similarly you can pay all or part of the price of your Order using an e-gift cards, store credit or a promotional voucher.
- Delivery and Delivery Time
We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).The delivery times indicated are only approximate. Any exceeding of such delivery times shall not give the purchaser the right to cancel the order or to refuse delivery or payment for the goods, nor shall it oblige SVE to pay any reimbursement to the purchaser.
The standard delivery time for non ex-stock items are usually 4 to 8 weeks.
We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Transportation, Risk and Insurance
SVE determines the mode of transport. If the purchaser later selects a transport company or method himself, any additional costs will be passed on. If delivery cannot be made due to causes outside the control or the range of action available to SVE, SVE shall have the right to store or to arrange for the goods ready for delivery to be stored at the expense and risk of the purchaser and to require payment for the goods as if they had been delivered.
Claims in regard to deliveries have no effect on other agreements or the legal relations between the parties. These claims must be made by the purchaser in writing to SVE directly and such claims must be in the possession of SVE within seven days (7) from the receipt of the goods. These claims must be made by means of a precise written statement of the nature and the ground of the complaint must be accompanied by the packing slip and must quote the invoice number.
The processing or use of the delivered goods by you or the placing of such goods by you under the authority of any third party shall nullify the right of claim. Minor deviations in quality or quantity and deviations that are regarded as tolerable within the sector shall confer no right of claim. If a claim is substantiated, SVE has the right, in exchange for the return of the faulty goods, to credit the purchaser in full, to repair the faulty goods, or to proceed to re‐delivery or reprocessing of the goods in question.
You do not have the right to return goods delivered to you under any circumstances, unless SVE has given its written approval.
- Warranty and Liability
SVE provides a guarantee in respect of new goods supplied by SVE for a period of twelve (12) months, against manufacturers’ defects following delivery unless expressly agreed to the contrary in writing. All items or components of such items in which defects might arise during this period as a result of faulty construction defects or faulty material defects will be repaired or alternatively replaced by SVE (at the discretion of SVE) free of charge, subject to the condition that such defects are brought to the attention of SVE in writing immediately following discovery of the same, and in all cases within the periods referred to in article 11.0.
Unless otherwise stated, the warranty period for products priced below RM200 is 7 days.
Damage caused as a result of inappropriate use of the products and failure to correctly comply with the instructions for use is not covered by SVE.
Products shall only be sent back to SVE for repair or replacement ‐ at the purchaser's own expense ‐ after SVE has given its written approval. Only in the case of repair or replacement under guarantee shall the products be returned to the purchaser at the expense of SVE.
If the guarantee relates to a product manufactured by a third party, the guarantee is limited to the guarantee provided by the manufacturer concerned.
If the purchaser carries out repairs or alterations during the guarantee period or has such work being carried out on his behalf without the permission of SVE, or fails to comply with his payment obligations, all guarantee obligations shall immediately lapse. The purchaser is not entitled to refuse payment on the ground that SVE has not fully or not timely complied with its guarantee obligations.
Without prejudice to the foregoing, unless there is an instance of deliberate act or omission or deliberate recklessness, SVE shall under no circumstances be liable for any indirect damages, such as damages resulting from any stoppage of business operations, delay, disruption or any other form of operational damages under whatever heading or of whatever description, for any direct or indirect damages caused to or by products delivered by SVE, or for damage or injury caused to property and persons.
All liability on the part of SVE under any heading whatever shall in all cases be limited to the maximum amount of the cover provided by SVE’s liability insurance. If the liability insurance provides no cover or insufficient cover, the liability of SVE shall in all cases be limited to a maximum of the amount of the purchase price of the delivered goods already paid by the purchaser at the time of his claim. The purchaser indemnifies SVE against all liability towards third parties as a result of any defect in the delivered goods.
- Retention of Title
Without prejudice to the stipulations of these conditions, all goods delivered by SVE at any time remain the property of SVE until the moment of full payment has been made.
You are not authorised to pledge or transfer the ownership of the goods to third parties until full payment for the goods has been made. In the case of any infringement of this condition, as in the case of the full or partial applicability of article 12, SVE has the right to repossess all goods delivered by SVE or to have such goods repossessed on its behalf from the location in which such goods are to be found, without any authorisation from the purchaser or intervention by a court of law being necessary for this purpose. All other claims of SVE against the purchaser shall then become immediately due and payable at that time.
In the event that a third party intends to serve a garnishment order against the goods delivered subject to retention of title or intends to establish or execute rights with respect to such goods, the purchaser has the obligation to notify SVE as quickly as possible. The purchaser has the obligation to insure the goods delivered subject to retention of title, to keep these goods insured against theft, fire, explosion and water damage and to submit this insurance policy and the insurance payment receipts to SVE for inspection at the first request of SVE.
You are neither entitled to pledge the goods delivered subject to retention of title nor to extend any other right pertaining to such goods to any third party.
- Circumstances Beyond Our Control (Force majeure)
If SVE is unable to deliver goods on time due to force majeure, it has the right to suspend delivery or to cancel delivery altogether, depending on the circumstances. You are not entitled to any reimbursement for damages in the event that an instance of force majeure occurs.
- Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) available on this Website remains the property of Sureserv Engineering Sdn. Bhd. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Sureserv Engineering Sdn. Bhd. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
- Applicable Legal Jurisdiction
All agreements concluded subject to these conditions and all further agreements that arise from such agreements are governed by the laws of Malaysia and the Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes between Sureserv Engineering Sdn. Bhd. and Website user/purchaser in relation to the Website/services.