<h4>These conditions govern the sale and purchase of the goods ordered by Buyer from the Seller (&ldquo;the goods&rdquo;) and shall override any terms and conditions whether previously or hereafter stipulated incorporated or referred to by Buyer whether orally, in its purchase order or other documents.</h4>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>TIME FOR DELIVERY</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Any time or date for delivery named by&nbsp;SEMIX SDN. BHD.&nbsp;or&nbsp;KCK KOK ENGINEERING SDN. BHD.&nbsp;(&ldquo;the Seller&rdquo;) is an estimate only, and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery.</p>
	</li>
</ol>

<ul>
	<li>
	<h4>TIME FOR DELIVERY OF GOODS/SERVICES</h4>
	</li>
</ul>

<ol>
	<li>
	<p>a. Any time for delivery named by Seller is an estimate only and seller is not liable to make good any damages to make good any damages or loss arising out of any of any such delay.</p>
	</li>
</ol>

<ul>
	<li>
	<h4>PRICE</h4>

	<ol>
		<li>
		<p>a. The quoted prices for goods/services are subject to change or adjustment in the event of any imposition or increase in taxes, levies or duties whatsoever on goods/services, its components or raw materials.</p>
		</li>
		<li>
		<p>b. The quoted prices are based on our mix design and inclusive of normal retarders but exclude other admixtures such as super plasticizing and water proofing agents. A surcharge of RM30/m3 for each concrete grades will be imposed for Water Proofing Mixes.</p>
		</li>
		<li>
		<p>c. Prices exclude of the costs of independent testing and waterproofing admixture, both which shall be borne and paid by customer.</p>
		</li>
		<li>
		<p>d. The quoted prices is based on maximum time allowed by the Seller for discharge of concrete at the Project Site which is 45 minutes from arrival of the mixer truck. Customer shall pay us RM 50.00 per hour (or part thereof) of delay/waiting time beyond 45 minutes.</p>
		</li>
		<li>
		<p>e. The quoted prices are valid for delivered made during and after working hours as Seller as on Sundays and public holidays. However, for orders booked and cancelled on Sunday / public holidays and after 7p.m on any days, a minimum surcharge of RM 800/day lump sum will be imposed.</p>
		</li>
		<li>
		<p>f. The prices quotes exclusive of excess concrete concrete return to our plant and it will valued and charged the following rates for disposal:</p>
		</li>
		<li>
		<ol>
			<li>&gt;&nbsp;0.1m3 - 1m3 = RM300</li>
			<li>&gt;&nbsp;1.1m3 - 2m3 = RM600</li>
			<li>&gt;&nbsp;2.1m3 - 3m3 = RM900</li>
			<li>&gt;&nbsp;3.1m3 - 4m3 = RM1200</li>
			<li>&gt;&nbsp;4.1m3 - 5m3 = RM1500</li>
			<li>&gt;&nbsp;Above 5.1m3 = RM3000</li>
		</ol>
		</li>
	</ol>
	</li>
</ul>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>LATE OF PAYMENT INTEREST</h4>
	</li>
</ul>

<ol>
	<li>
	<p>In the event the Buyer fails to pay any sums as and when due, the Buyer shall pay interest thereon at the rate of 1.5% per month by any of damages from the due date until the date of full payment.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>TIME OF ESSENCE</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Time within which the Buyer is to pay the goods/services shall be of the essence of this Agreement.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>DELIVERY</h4>
	</li>
</ul>

<ol>
	<li>
	<p>a. The seller shall be deemed to have made due delivery of the goods/services if the Seller delivers the goods/services at the site (&lsquo;Site&rsquo;) or premises (&lsquo;Premises&rsquo;) specified by the Buyer in the Purchase Order or otherwise and the Delivery order is endorsed by any person present at the Site or Premises. The Buyer shall be responsible for making all necessary arrangements to collect or take delivery of the goods/services at the Site or Premises. The Seller shall not be bound to ensure that the person collecting or taking delivery of the goods/services or endorsing the Delivery Order is properly authorised by the Buyer to do so and the Seller shall not be responsible or liable in any way for any loss or damage suffered or incurred by the Buyer to do so and the Seller shall not be responsible or liable in any way for any loss or damage suffered or incurred by the Buyer arising from or in connection with the said delivery or collection at the Site or Premises including without limiting to or the generality of the foregoing any loss of damage arising or resulting from the collection of the goods/services by or delivery of the goods to unauthorised persons.</p>
	</li>
	<li>
	<p>b. Should Buyer fail to take delivery of goods, Seller shall be entitled (without derogation of its rights under Law) to charge Buyer for storage and insurance for the goods calculated from the date fixed for delivery until the date when Buyer takes delivery.</p>
	</li>
	<li>
	<p>c. The concrete will be delivered to the Project Site/Delivery Location at all reasonable times subject to Customer providing accessible and Seller compact roads to and within the Project Site/Delivery Location for ease of delivery. All damage to the mixer trucks due to poor excess road(s) shall be made good by customer.</p>
	</li>
	<li>
	<p>d. Seller shall not be responsible for any concrete delivered, misplaced or wrongly accepted after acceptance delivery orders or in cases where the concrete has been laid and cast.</p>
	</li>
	<li>
	<p>e. In the event that any of the delivery orders is misplaced or not signed by customer respresentative during the supply, Seller reserves the right to invoice on the total progressive quantity on the delivery orders.</p>
	</li>
	<li>
	<p>f. Seller reserves the right not to deliver goods if Buyer commits any default on any of the terms of sale as stated or if the amount outstanding at anytime exceeds any credit limit granted by Seller fails to confirm or verify in writing any Monthly Statement of Accounts.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>ACCEPTANCE</h4>
	</li>
</ul>

<ol>
	<li>
	<p>The Buyer, its servants or agents, shall inspect the goods immediately upon delivery. Unless Seller received notice that goods are not in accordance with the Buyer&rsquo;s order and the goods returned to Seller within 24 hours from the date and time of delivery, the goods shall be deemed to have been accepted by the Buyer PROVIDED ALWAYS Seller will not accept return of used goods and Buyer shall not reject and goods which are in accordance with Buyer&rsquo;s order.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>DESCRIPTION</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Notwithstanding any description of the goods given by the Seller no sale of the goods shall constitute or be constructed to be a sale by description.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>WARRANTY</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Save and except for written warranties (if any) given by the Seller, the Seller does not give any warranties as to quality, state, condition or fitness of the goods or their suitability for any purpose of for use under any specific conditions, notwithstanding that such purpose of condition may be known or made known to seller.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>DEFECTS</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Save and except as notified pursuant to&nbsp;<u>Clause of Acceptance</u>&nbsp;above, Seller shall be under no liability to Buyer either in contract or tort for loss, injury or damage sustained by Buyer or any third party by reason of defects in the goods whether latent or otherwise but Buyer will keep seller indemnified against such claim.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>RISKS</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Risk passes upon delivery of the goods/services by the Buyer as specified in&nbsp;<u>Clause of Acceptance and Clause of Risk</u>&nbsp;herein.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>DEFAULT BY BUYERS</h4>
	</li>
</ul>

<ol>
	<li>
	<p>If the Buyers fails to pay the Seller on the due dates any sum due and owning to the Seller or if the Buyer shall commit a breach of any of its obligations under this Agreement or if a receiver of the Buyer&rsquo;s business shall be appointed or if a petition for the winding up of the Buyer shall be presented or passed (except for the purpose of reconstruction) or if the Buyer shall become bankrupt or commit an act of bankruptcy. The Seller may without prejudice to its other rights, and without giving prior notice, either suspend or cancel further deliveries under this Agreement or limit or cancel the credit of the Buyer as to time and/or amount or require payment in advance for all or any further deliveries and the Seller shall not be liable to the Buyer for any damages which the Buyer may suffer or incur by reason thereof.</p>
	</li>
</ol>

<p>&nbsp;</p>

<ul>
	<li>
	<h4>FORCE MAJEURE</h4>
	</li>
</ul>

<ol>
	<li>
	<p>Seller shall not be liable to Buyer for failure to deliver the goods by reason of any breakdown of plant, fire explosion, Act of God, or outbreak of hostilities, national emergency, Industrial dispute , shortage of labour, raw materials, energy or other causes beyond Seller&rsquo;s control and which Seller is unable to prevent by the exercise of reasonable diligence, whether latent or otherwise but Buyer will keep Seller indemnified against such claim.&nbsp;</p>
	</li>
</ol>

<h4>The Seller reserves the right to vary this Contract at any time and manner as it may deem fit and necessary.</h4>

<ol>
</ol>

<p>&nbsp;</p>