TERMS AND CONDITIONS

1. In these Conditions:

"Buyer" means the person who accepts a quotation from us for the supply of Goods or who otherwise enters into a contract for the supply of Goods with us;

"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and us;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Goods" means the Harumanis Mangoes which we supply in accordance with a Contract;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

2. Basis of the Contract

2.1 The supply of Goods through this website to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in this website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and us.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by us in its website shall be subject to correction without any liability on the part of us.

2.5 We may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

3. Orders and Specifications

3.1 Order acceptance and completion of the contract between the Buyer and us will only be completed upon us issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, we shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. We shall furthermore be entitled to require the Buyer to furnish us with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with our agreement in writing and on terms that the Buyer shall indemnify us in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by us as a result of the modification or cancellation, as the case may be.

4. Price

The price of the Goods and/or Services shall be the price stated in our’s website at the time which the Buyer makes its offer purchase to us. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to us in addition to the price.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in our website. The terms and conditions applicable to each type of payment, as contained in our website, shall be applicable to the Contract.

5.2 Online Banking

By choosing this payment method, the Buyer shall transfer the payment for the Goods to a our’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. We, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 We has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If we have failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on us, to demand performance within a specified time thereafter, which shall be at least 14 days. If we fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and get a refund of the amount paid for which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations as provided in this terms and conditions.

6.5 If the Buyer fails to take delivery of the Goods then without prejudice to any other right or remedy available to us, we may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.

7. Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when we have tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by us to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as our fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to demand the Buyer to deliver up the Goods to us and in the event of non-compliance we reserve our right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of us but if the Buyer does so all moneys owing by the Buyer to us shall (without prejudice to any other right or remedy of us) forthwith become due and payable.

7.7 The Buyer shall indemnify us against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of our rights under this condition.

 

8. Warranties and Remedies

8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

8.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to us within two days from the date of receipt of the Goods. 

9. Force Majeure

9.1 We shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
9.1.4 import or export regulations or embargoes;
9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Lazada or of a third party);
9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
9.1.7 power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 we may at its option:-

9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and we shall not be liable for any loss or damage suffered by the Buyer as a result thereof.