Terms and Conditions of Sale, Service and Technical Support 1. DEFINITIONS "Gophers" means Gophers Technologies Sdn Bhd or it's subsidiary company selling products to the Customer. "Customer" means the person or legal entity identified in the information from the order forms. "Contract" means a contract for sale by Gophers to the Customer of the products and/or services incorporating the Terms and Conditions
2. FORMATION OF CONTRACT 2.1 No Contract shall come into existence until the Customer's order has been accepted by Gophers. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes. 2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
3. ORDERS, PRICE AND PAYMENT 3.1 Payment for the products or services shall be made in full before physical delivery of products or services.
4. SOFTWARE 4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. 4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Gophers or the licensor of the software at all times.
5. TITLE AND RISK Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
6. DELIVERY 6.1 Gophers shall deliver the products to the place of delivery designated by Customer and agreed to by Gophers ("Place of Delivery"). 6.2 Gophers may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Gophers in respect of anyone or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products. 6.3 Any dates quoted by Gophers for the delivery of the products are approximate only and shall not form part of the Contract. Gophers shall not be liable for any delay in delivery of the products and/or services, howsoever caused. 6.4 Gophers may revise and/or discontinue Products at any time without notice as part of Gopher's policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that Gophers policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
7. ACCEPTANCE OF PRODUCTS 7.1 Unless the Customer notifies Gophers to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customers as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Gophers. No refunds shall be entertained.
8. WARRANTY 8.1 Unless specified otherwise, Gophers warrants to the Customer that Gophers branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty"), (for accessories, the period is 6 months). 8.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Gophers, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than Gopher's personnel or any person authorised by Gophers, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Gophers. The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Gophers 8.3 During the one-year period ( six months for accessories ) beginning on the invoice date, Gophers will repair or replace Products returned to Gopher's facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Gophers will ship the repaired or replacement products to Customer freight prepaid. 8.4 Gophers does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
9. LIABILITY 9.1 Gopher's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions. 9.2 The Customer shall indemnify Gophers and keep Gophers fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions. 9.3 Gophers and Customer agree that Gophers will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Gophers shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Gophers has been advised of their possibility. 9.4 Any service response times stated by Gophers in the service contracts are approximate only and Gophers shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned. 9.5 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Gophers shall be subject to correction without any liability on the part of Gophers.
10. FORCE MAJEURE Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
11. EXPORT RESTRICTIONS The Customer acknowledges that the Products licensed or sold hereunder, which may include technology and software, are not only subject to the export control laws and regulations of Malaysia but may also be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.
12. GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
13. GENERAL |
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Delivery Time |
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ORDER CYCLE TIME : 5-7 Working Days (from time of order download to customer door)
Assumptions
Standard Delivery
What is not included in a Standard Delivery
Check Order Status
* IMPORTANT DETAILS: MISTAKES: While all efforts are made to check pricing and other errors, inadvertent errors do occur from time to time and Gopher’s reserves the right to decline orders arising from such errors. |
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