Terms & Conditions

  1. Conclusion of Contract

There is only a binding delivery and service contract when AFN SPORTS SDN BHD provides a written order confirmation .

 

  1. Prices
  1. Offers from AFN SPORTS SDN BHD are only valid for the three months from the date of the offer.
  2. There is only a binding price on receipt of a written order confirmation by AFN SPORTS SDN BHD provided that the original order conditions remain unchanged. The prices charged by AFN SPORTS SDB BHD are quoted in MYR, USD.SGD & EUR ex-factory excluding the prevailing value-added taxation at the time of delivery
  3. Package, postage, insurance and other associated delivery charges are not included and will be added to the account.
  4. Any changes to the conditions of delivery made at the request of the purchase after receipt of the order confirmation will be made at a cost for the purchaser.
  5. Construction drawings ,tools designs and similar work which is performed at the request of the purchaser will also be charged for even if no order is made. Thus ,these conditions apply even before an order is made .

 

  1. Delivery Quantity and Deadlines
  1. The agreed delivery time is to be regarded as approximate .No responsibility is accepted for keeping to an exact deadline .
  2. Delivery depends on the prevailing work and business situation. If there is a delay in delivery ,a contract may be set aside after appropriate period of time ,but no compensation may be demanded
  3. Materials and accounting errors ,strikes,lock-outs,including those affecting the business of  third parties ,and acts of God, release AFN SPORTS SDN BHD from delivery obligations
  4. If changes to specification are requested after the order is made, this will incur additional costs and possible delivery delays . 

 

  1. Guarantee
  1. AFN SPORTS SDN  BHD provides a two year guarantee for newly manufactured sporting equipment and one year for used or refurbished sporting equipment .If the purchaser is a business person or legal person according to public law there will be a guarantee of one year .
  2. The purchaser must examine the goods immediately after delivery in order to determine if there are any defects .Obvious defects must be communicated in writing to AFN SPORTS SDN BHD immediately or at least within a week after receipt of the goods .if obvious defects are not reported either in time or as specified ,they will be excluded from the guarantee.
  3. Other defects must be shown to AFN SPORTS SDN BHD within a week of their being detected.
  4. AFN SPORTS SDN BHD is liable only to purchasers who are users for defects in advertising ,brochures or instruction manuals .
  5. Insignificant defects which affect neither the value not the use of the sporting equipment in any significant manner are excluded from guarantee.
  6. AFN SPORTS SDN BHD is entitled to decide on subsequent fulfilment of the contract. This means that the firm decides whether to eliminate a defect or supply news goods .If the elimination of a defect is unsuccessful AFN SPORTS SDN BHD is entitled to one more attempt. Also in the case of such a second attempt AFN SPORTS SDN BHD will decide between a new delivery or the elimination of a defect
  7. The purchaser is only entitled to set aside the contract and or entitle to damages or compensation, if the second attempt at eliminating defects does not succeed. There will only be a claim for damages if AFN SPORTS SDN BHD has been grossly negligent or if such damages were caused willfully. In any event, the damage will be limited to the value of the direct adverse effect. Compensation for damages caused by defects is excluded unless such damages caused willfully.
  8. Unless agree in writing there is no guarantee for individual or specially manufactured (custom made ) items which are used in conjunction with products from third parties .

 

  1. Breach Of Duty
  1. Liability for breach of duty by AFN SPORTS SDN BHD is limited to gross negligence or deliberate breaches of duty.
  2. AFN SPORTS SDN BHD is not liable for breaches of duty which result from service or work associated with drawings ,printed material or designs examined by the purchaser and which have been accepted by the purchaser as the basis for production .AFN SPORTS SDN BHD is not liable for the correctness of reproduced designs or the associated potential effectiveness or safety of the resulting products .However AFN SPORTS SDN BHD is obliged to inform the purchaser immediately as to the technical impossibility of implementing designs to the extent that detecting such impossibility is feasible in advance .
  3. In particular where performed according to the purchaser’s instructions liability towards third parties is expressly excluded .AFN SPORTS SDN BHD has no obligation to inspect equipment with respect to the protection of third parties .

 

  1. Payment Conditions
  1. Provided no arrangement has been made to the contrary ,all accounts from AFN SPORTS SDN BHD must be paid as per invoice .
  2. If payment deadlines are exceeded ,AFN are entitled to charge interest at 1% per month . If charges to specifications are
  3. Bills of exchange are not accepted and cheques need to be cleared before they are accepted .
  4. If payment is in arrear ,AFN SPORTS SDN BHD is entitled to refuse further fulfilment of the contract. If payment is substantially jeopardized ,AFN SPORTS SDN BHD is entitled to demand payment in advance or sufficient security .If the purchaser refuse payment in advance or to provide security ,AFN SPORTS SDN BHD may cancel ( set aside ) the contract and demand compensation.
  5. Irrespective of any preferences on the part of the purchaser, payments will discharge the amount owed in the following order costs interest and finally, the original invoice .Where several demands are made by AFN SPORTS SDN BHD ,initially the first that was made will be paid and then the others according to the date on which the cost was incurred .
  6. With respect to individual ,special or customized production in connection with third parties ,the following payment conditions apply 1/3rd of the agreed sum on signing the contract 1/3rd on completion of production and 1/3RD in terms of the conditions of payment specified in 6.1.

 

  1. Ownership Rights
  1. Untill complete payment of all sums owed by the purchaser at the specified invoice date the delivered goods remain the property of AFN SPORTS SDN BHD .
  2. If any further work is carried out in reserved goods ,AFN SPORTS SDN BHD is entitled to joint ownership to the value of the goods prior to any future work. Sales of the reserved goods is only permissible by the purchaser in the normal course of business .If the purchaser resellers the reserved goods ,at the time of sale the rights with respect to the new owner transfer to AFN SPORTS SDN BHD ..The purchaser must then oblige the new owner to make all subsequent payment obligations resulting from a further purchase directly to AFN SPORTS SDN BHD .Any exceptions require prior written agreement between AFN SPORTS SDN BHD and the purchaser.
  3. In general reserved goods may not be disposed of and in particular ,their use for security or pledges is not permitted .
  4. In the case of a compulsory sequestration (attachment ) of the assets of the purchaser and if the reserved goods are affected by this AFN SPORTS SDN BHD must immediately be notified in writing and provided with all the relevant (the organization carrying out the foreclosure, file/reference number) or the foreclosure protocols .
  5. Work which has been conducted by AFN SPORTS SDN BHD for the purchaser, but is not part of the product as such (for example, plans,designs,toold etc. ) remain the property of AFN SPORTSSDN BHD

 

  1. Place of performance /Deliver/Payment and Jurisdiction
  1. Malaysia is the place of fulfilment and jurisdiction .
  2. The legal relations between the contractual partners are subject exclusively to Malaysia law