kck | GENERAL TERMS AND CONDITIONS OF SALE

These conditions govern the sale and purchase of the goods and services ordered by the Buyer from SEMIX SDN. BHD. or KCK KOK ENGINEERING SDN. BHD. (collectively referred to as “the Seller”) and shall override any terms and conditions whether previously or hereafter stipulated, incorporated, or referred to by the Buyer whether orally, in its purchase order, or other documents.

APPLICATION OF TERMS AND CONDITIONS

TIME FOR DELIVERY

Any time or date for delivery named by SEMIX SDN. BHD. or KCK KOK ENGINEERING SDN. BHD. (collectively referred to as “the Seller”) is an estimate only, and the Seller shall not be liable for any damage or loss arising directly or indirectly from any delay in delivery.

TIME FOR DELIVERY OF GOODS/SERVICES

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.

PRICE

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.

b. The quoted prices are based on our mix design and inclusive of normal retarders but exclude other admixtures such as super plasticizing and waterproofing agents. A surcharge of RM30/m³ for each concrete grade will be imposed for Waterproofing Mixes.

c. Prices exclude the costs of independent testing and waterproofing admixture, both of which shall be borne and paid by the customer.

d. The quoted prices are based on a maximum time allowed by the Seller for discharge of concrete at the Project Site which is 45 minutes from the arrival of the mixer truck. The customer shall pay RM 50.00 per hour (or part thereof) of delay/waiting time beyond 45 minutes.

e. The quoted prices are valid for deliveries made during and after working hours as Seller, as well as on Sundays and public holidays. However, for orders booked and canceled on Sunday/public holidays and after 7 p.m. on any day, a minimum surcharge of RM 800/day lump sum will be imposed.

f. The quoted prices exclude the cost of excess concrete returned to our plant, and it will be valued and charged at the following rates for disposal:

0.1m³ - 1m³ = RM300
1.1m³ - 2m³ = RM600
2.1m³ - 3m³ = RM900
3.1m³ - 4m³ = RM1200
4.1m³ - 5m³ = RM1500
Above 5.1m³ = RM3000

LATE OF PAYMENT INTEREST

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.

TIME OF ESSENCE

Time within which the Buyer is to pay the goods/services shall be of the essence of this Agreement.

DELIVERY

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 (‘Site’) or premises (‘Premises’) 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 authorized 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 any loss or damage arising or resulting from the collection of the goods/services by or delivery of the goods/services to unauthorized persons.

b. Should the Buyer fail to take delivery of goods/services, the Seller shall be entitled (without derogation of its rights under law) to charge the Buyer for storage and insurance for the goods/services calculated from the date fixed for delivery until the date when the Buyer takes delivery.

c. Concrete will be delivered to the Project Site/Delivery Location at all reasonable times, subject to the Customer providing accessible and compact roads to and within the Project Site/Delivery Location for ease of delivery. All damage to the mixer trucks due to poor access road(s) shall be made good by the customer.

d. The Seller shall not be responsible for any concrete delivered, misplaced, or wrongly accepted after acceptance of delivery orders or in cases where the concrete has been laid and cast.

e. In the event that any of the delivery orders are misplaced or not signed by the customer’s representative during the supply, the Seller reserves the right to invoice on the total progressive quantity on the delivery orders.

f. The Seller reserves the right not to deliver goods/services if the Buyer commits any default on any of the terms of sale as stated or if the amount outstanding at any time exceeds any credit limit granted by the Seller or fails to confirm or verify in writing any Monthly Statement of Accounts.

ACCEPTANCE

The Buyer, its servants, or agents, shall inspect the goods/services immediately upon delivery. Unless the Seller receives notice that goods/services are not in accordance with the Buyer’s order and the goods/services are returned to the Seller within 24 hours from the date and time of delivery, the goods/services shall be deemed to have been accepted by the Buyer, PROVIDED ALWAYS that the Seller will not accept the return of used goods/services and the Buyer shall not reject any goods/services that are in accordance with the Buyer’s order.

DESCRIPTION

Notwithstanding any description of the goods/services given by the Seller, no sale of the goods/services shall constitute or be construed to be a sale by description.

WARRANTY

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/services or their suitability for any purpose or for use under any specific conditions, notwithstanding that such purpose or condition may be known or made known to the Seller.

DEFECTS

Save and except as notified pursuant to the Clause of Acceptance above, the Seller shall be under no liability to the Buyer either in contract or tort for loss, injury, or damage sustained by the Buyer or any third party by reason of defects in the goods/services, whether latent or otherwise, but the Buyer will keep the Seller indemnified against such claims.

RISKS

Risk passes upon delivery of the goods/services by the Buyer as specified in the Clause of Acceptance and Clause of Risk herein.

DEFAULT BY BUYERS

If the Buyer fails to pay the Seller on the due dates any sum due and owing 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’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, 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. The Buyer shall make all payments due under the contract in full without any deduction, whether by way of set-off, counterclaim, discount, abatement, or otherwise, unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.

FORCE MAJEUREF

The Seller shall not be liable to the Buyer for failure to deliver the goods/services by reason of any breakdown of plant, fire, explosion, Act of God, or outbreak of hostilities, national emergency, industrial dispute, shortage of labor, raw materials, energy, or other causes beyond the Seller’s control and which the Seller is unable to prevent by the exercise of reasonable diligence, whether latent or otherwise, but the Buyer will keep the Seller indemnified against such claims.

INVOICES

All amounts stated in the invoices and the Statement of Account, unless disputed within 7 days of receipt thereof, shall be deemed to be conclusive of the amounts due and owing by the Buyer to the Seller and shall be binding against the Buyer in any legal proceedings.

SALE OF GOODS (MALAY STATES) Ordinance 1957

The terms and conditions in favor of the Seller hereunder shall be in addition to and not in substitution for any term, condition, or warranty expressed or implied in favor of the Seller under the Sale of Goods (Malay State) Ordinance 1957 and/or any statutory modification and re-enactment thereto for the time being enforced.

NOTICES AND COMMUNICATION METHODS

The Buyer shall be deemed to have received or been communicated the notice through any of the following methods:

(a) Courier or Hand Delivery: Notice will be considered received on the date it is delivered to the Buyer.

(b) Seller’s Premises or Website Posting: Notice will be considered received on the date it is posted in the Seller’s premises or website.

(c) Newspaper Publication: Notice will be considered received on the date it is first published in a daily newspaper chosen by the Seller.

(d) Seller’s Statement of Account: Notice will be considered received:

Upon completion of email transmission to the Buyer’s last known email address in the Seller’s records; or
Five (5) calendar days after posting the statement to the Buyer’s last known address in the Seller’s records.

(e) Ordinary or Registered Post: Notice will be considered received five (5) calendar days after it is posted to the Buyer’s last known address in the Seller’s records.

(f) SMS, Voice Mail, Electronic Messages, or Email: Notice will be considered received upon completion of the transmission to the Buyer’s mobile phone number or email address.

(g) WhatsApp Communication: Notice will be considered received upon completion of the transmission to the Buyer’s WhatsApp number.

(h) Facsimile: Notice will be considered received upon completion of the transmission and receipt of a successful facsimile transmission report.

(i) Telephone Call: Notice will be considered received immediately after the telephone call to the Buyer’s telephone number in the Seller’s records.

(j) Other Methods: Notice will be considered received if communicated by any other method the Seller deems fit.

All notices or communications given by the Buyer to the Seller shall be deemed to have been received by the Seller only upon actual receipt by hand. The Buyer shall bear the full risk and responsibility for ensuring the timely and successful delivery of such notices or communications.

WAIVER

No failure or delay by the Seller in exercising any rights hereunder shall operate as a waiver thereof nor shall any single or partial exercise or any right preclude any further exercise thereof or the exercise of any other right.

SUSPENSION OR CANCELLATION OF DELIVERIES

Notwithstanding anything herein contained, the Seller reserves the right at any time to vary terms or terminate this Agreement or any Contract for the supply of goods/services or suspend or stop delivery of any goods/services or limit or cancel the credit of the Buyer whether as to time and/or amount without giving any reasons whatsoever and to demand full settlement immediately of all sums that may be due and owing by the Buyer at any point in time notwithstanding that the credit period for payment has not expired.

CREDIT LIMIT

The Seller shall have full and unfettered discretion and hereby reserves the right at any time to vary the credit limit and credit period contained in the Credit Application Form or to suspend or revoke the credit facility granted for any reason whatsoever without giving any notice to the Buyer.

CERTIFICATE OF INDEBTEDNESS

Any certificate, statement of account, notice, or demand issued by the Seller, whether signed by a Seller's officer, solicitor, or firm of solicitors acting on behalf of the Seller, or generated by a computer in the regular course of business, shall be considered conclusive evidence against the Buyer. This pertains to all matters stated, including the amount owed to the Seller, and applies to all purposes, including legal proceedings.

The Buyer shall not dispute or challenge this evidence on any grounds, except in the case of a manifest error. Additionally, this conclusive evidence clause extends to any document or record produced by the Seller, its officers, solicitors, or agents, and includes all electronic records, correspondences, and communications that are regularly maintained or generated by the Seller in the course of its operations.

LIMITATION OF LIABILITY

Notwithstanding anything contained in these Terms and Conditions to the contrary or otherwise, the Seller’s sole and entire liability for any demands, claims, or actions which the Buyer or any third party may have against the Seller at law or in equity, shall be limited to the amount of the transaction involved which gave rise to the claim and the Seller shall not be liable for damages for negligence, breach of contracts, loss of profits, savings, goodwill, or any type of special, exemplary, incidental, indirect, or consequential loss or damage howsoever arising whether or not the Seller has been advised of the same.

TITLE

Title to the goods/services remains vested in Seller until the Seller receives the full purchase price. If such payment is overdue, the Seller may without prejudice to any other rights sue for the purchase price, recover or re-sell the goods/services and the Buyer grants the Seller, its servants/agents the right and/or licensed to enter the Buyer’s premise and/or any other premise where the goods/services are stored. If any of the goods/services are sold by the Buyer before title has passed to Buyer, Buyer shall hold the proceeds of sale and all rights against purchasers in trust for the Seller.

CANCELLATION OF CREDIT

Notwithstanding anything herein contained, the Seller reserves the right to limit/cancel the credit of the Buyer as to time and/or amount without giving any reasons thereof and to demand full settlement immediately of all sums that may be owing by Buyer notwithstanding that the credit period has not expired.

APPROPRIATION OF PAYMENTS

All payments received from the Buyer will be applied towards settlement of the Buyer’s oldest debts comprising of the earliest invoices, debit notes (including debit notes for overdue interest), and other charges howsoever arising. Provided Always Seller may appropriate any payments towards the account of interest before the principal in respect of any debt as the Seller shall in its absolute discretion deem fit.

STATEMENT OF ACCOUNT

All amount stated in the invoices and statement of accounts of Seller shall be conclusive of the amounts due and owning by Buyer to Seller and shall be binding against Buyer in legal proceedings.

RIGHT OF SET-OFF

The Seller is entitled to set-off against Buyer’s debts all monies now or hereafter standing to the credit of Buyer’s account with the Seller or with any company within the SEMIX subsidiaries company and for this purpose Buyer shall give irrevocable authority to the Seller, to collect on behalf of Buyer and give a valid receipt and discharge in respect of all such monies owing to the Buyer.

SALE OF GOODS ACT 1957 (REVISED 1989) (“the Act”)

The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term condition warranty expressed or implied in favour of the Seller under the Act or any statutory modification and re-enactment thereto for the time being enforced.

INFRINGEMENT OF PATENTS, DESIGNS

Buyer shall indemnify Seller against all damages, claims, costs and expenses which Seller may become liable as a result of work done or goods sol in accordance with Buyer specifications which involves infringement of any patents, registered designs or trademarks.

GOVERNING LAW

This Contract shall be constructed in accordance with Laws of Malaysia and the partiers hereto hereby agree to submit to the jurisdiction of the Malaysian Courts.

CREDIT WORTHINESS CHECK

The Buyer consents and warrants that the Buyer has obtained the consent of all persons named in this application or such other document submitted to the Seller in support of this application (jointly referred to as “Relevant Person”) for the Seller, its agents and representatives to conduct credit checks and verification of information given pursuant to this application with any credit bureau or corporations set up for the purpose of collecting and providing credit or other information.

DEBT RECOVERY TOOLS SUBSCRIPTION AND AUTOMATIC ENROLLMENT ON DEFAULT

1. Debt Recovery Tools Subscription (“DebtCore”)

DebtCore is a software-based debt recovery tool designed to streamline and enhance the management of overdue accounts. Its primary purpose is to ensure the efficient recovery of outstanding payments while minimizing manual intervention.

Features of DebtCore:

Automated Invoice Tracking: Tracks overdue invoices and generates reports to monitor payment statuses.
Overdue Payment Reminders: Sends automated reminders to notify the Buyer of unpaid balances.
Escalation for Legal Collection: Initiates escalation procedures, including legal actions, for accounts with prolonged overdue payments.
Account Monitoring: Provides ongoing monitoring of accounts to prevent future defaults.

DebtCore is a proactive solution that leverages technology to address overdue payments efficiently, ensuring uninterrupted recovery processes.

2. Subscription Fees Clause

2.1 Subscription Fee Terms:

Upon enrollment in the DebtCore service, the Buyer agrees to a subscription fee based on the total overdue account balance:

RM 1,000–RM 3,000:

Fee: RM 399 per month for a two-year subscription , payable in full upon enrollment.
Subscription Period: Two years.
Features: Includes automated reminders, account tracking, and escalation tools for overdue accounts.

Above RM 15,000:

Fee: RM 599 per month for a three-year subscription , payable in full upon enrollment.
Subscription Period: Three years.
Features: Includes full DebtCore functionality, such as reminders, account monitoring, and escalation for legal collection actions.

2.2 Non-Refundable Fees:
The subscription fee is non-refundable and reflects a reasonable and pre-estimated cost of providing the DebtCore platform. Buyers retain uninterrupted access to DebtCore services for the subscription duration, regardless of when the overdue balance is resolved.

2.3 Operational Use of DebtCore After Recovery:
If the overdue balance is resolved during the subscription period, including within the first 30 days of enrollment, the Buyer will retain access to DebtCore for operational purposes, such as:

Monitoring and managing account activities for other transactions.
Tracking payment statuses for ongoing invoices.
Sending automated reminders for timely payments.
Utilizing account monitoring tools to prevent future defaults.

3. Trigger for Subscription Fee

3.1 Default Criteria for Enrollment:

Automatic enrollment in the DebtCore service will apply based on the following overdue balance thresholds:

Accounts with balances between RM 1,000 and RM 3,000, unpaid for 14 calendar days beyond the agreed payment terms, will be subject to a two-year subscription at RM 399 per month.
Accounts with balances exceeding RM 15,000, unpaid for 14 calendar days beyond the agreed payment terms, will be subject to a three-year subscription at RM 599 per month.

4. Notification of Charges

Before automatic enrollment, the Seller will issue a written notice to the Buyer detailing:

The overdue account balance.
The subscription fee and associated charges.
The date on which automatic enrollment will occur if the overdue balance remains unpaid.

The Buyer will be provided with a 14-day grace period to either:

Settle the Principal Sum in full, or
Propose a repayment arrangement.

Approval of Repayment Arrangements:
Any repayment arrangement proposed by the Buyer must be approved in writing by the Seller to delay automatic enrollment.

5. Automatic Enrollment Upon Account Collection

5.1 Trigger for Automatic Enrollment:
Automatic enrollment in the DebtCore service will apply to accounts meeting the default criteria as specified under Default Criteria for Enrollment.

Enrollment applies to the total overdue account balance, encompassing all overdue invoices associated with the account.
The subscription fee will be charged in advance to facilitate the recovery of the total outstanding balance.

6. Post-Enrollment Benefits

If the overdue balance is resolved at any time during the subscription period, the Buyer retains full access to the DebtCore platform for operational purposes for the remainder of the subscription period.

7. Legal and Compliance Considerations

These terms are designed to comply with the provisions of the Malaysian Contracts Act 1950 and the Consumer Protection Act 1999, ensuring fairness, transparency, and reasonableness. The subscription fee and associated charges reflect the cost of maintaining and deploying DebtCore services, avoiding any punitive measures"

ANTI-BRIBERY AND CORRUPTION POLICY

The Buyer acknowledges and agrees that the Seller is subject to various anti-bribery and anti-corruption laws, including but not limited to the Malaysian Anti-Corruption Commission Act 2009, and the guidelines issued by the Malaysian Anti-Corruption Commission (MACC). The Buyer warrants that it will comply fully with all applicable anti-corruption laws and regulations in all jurisdictions where it conducts business with the Seller.

The Buyer shall not, directly or indirectly, offer, promise, give, request, agree to receive, or accept any bribes, kickbacks, or any other form of improper payment, benefit, or advantage to or from any person or entity, including government officials, employees, political candidates, parties, or any Seller-related parties, in order to obtain or retain business or to secure any improper commercial advantage. This includes adherence to the standards set forth by the MACC and other relevant anti-corruption guidelines and practices.

The Buyer shall implement and maintain its own policies and procedures, including adequate training for its employees, to ensure compliance with applicable anti-corruption laws and standards. The Buyer shall immediately report any request or demand for any undue financial or other advantage of any kind received by the Buyer in connection with the performance of this Agreement to the Seller.

The Buyer further acknowledges that any breach of this clause will be deemed a material breach of this Agreement, entitling the Seller to terminate the Agreement immediately and seek any other remedies available under law or equity.

QUANTITY DETERMINATION

The quantity of delivered concrete shall be based on the delivery orders. Any disagreement of the quantity of concrete supplied must be notified in writing within THREE (3) days after delivery and before the structure is covered where applicable after which no claims shall be entertained. If disagreement on quantity is reported within the 3-days period. A joint measurement at site shall be conducted and the following wastage allowance must be allowed for the inclusion in the final calculation of volume supplied;

> Three (3) percent for above the ground structure e.g columns, formed slabs and
> Thirteen (13) percent for ground and below ground structure excluded bored pile

OUTSOURCE DEBT COLLECTION AND COLLECTION OF MONIES

(a) Appointment of an Agent

The Seller reserves the right to appoint an agent of its choice to collect monies due from the Buyer under these terms. If the collection is outsourced to a third-party debt collection agency, the Seller will notify the Buyer at least ten (10) calendar days in advance through one or more of the following methods:

Email Notification: An email will be sent to the Buyer's last known email address.
Postal Mail: A letter will be mailed to the Buyer's last known physical address.
SMS Notification: A text message will be sent to the Buyer's last known mobile phone number.
Phone Call: A phone call will be made to the Buyer's last known contact number.
Online Portal: A notification will be posted on the Buyer's account in the Seller's online portal, if applicable.
WhatsApp Communication: A message will be sent to the Buyer's last known WhatsApp number.

(b) Notification and Impact

The Seller will inform the Buyer of the impact on their rights and obligations once the account is transferred to a third-party debt collection agency or sold to a third party. If the Buyer cannot be contacted, the Seller's obligation is considered fulfilled if the notice is sent through one or more of the following methods to the Buyer’s last known address at least ten (10) calendar days in advance:

Email Notification
Postal Mail
SMS Notification
Phone Call
Online Portal
WhatsApp Communication

(c) Third-Party Contact Details

The Seller will provide the Buyer with the name and contact details of the appointed third-party debt collection agency or the third party to whom the collection has been outsourced through one or more of the following methods:

Email Notification
Postal Mail
SMS Notification
Phone Call
Online Portal
WhatsApp Communication

(d) Workplace Visit

If the Buyer does not respond to other means of communication or cannot be contacted at any other location, the Buyer agrees that the Seller may visit the Buyer at their workplace to collect any money due under these terms.

(e) Continuous Ignorance and Non-Compliance

If the Buyer continuously ignores calls, fails to respond to communication attempts for payment, or breaches promises made regarding payment, this will constitute approval for the Seller to appoint a third-party debt collection agency without serving additional notices. The Seller's obligation to notify the Buyer is considered fulfilled after the initial notification as described in section (a) clause of OUTSOURCE DEBT COLLECTION AND COLLECTION OF MONIES .

CONCRETE SPECIFICATION

a. Seller Ready-Mixed Concrete is manufactured in accordance with relevant requirements stipulated in BS5328:1990 specified for Ready-Mixed Concrete the grade/grades of concrete quoted constitute the minimum compressive strength at 28 days. The compressive strength of the concrete supplied shall be based on only test cube results of the concrete supplied in respect of which BS 1881:1983 provisions on specification of concrete handling and testing shall be adhered to and the characteristic strength of concrete supplied shall comply with the relevant provision of BS5328:1990. Sampling for test cube(s) shall be taken from the discharge chute of the mixer truck(s) during discharge of concrete. If the concrete quality is conclusively found to be below the quality in accordance to he requirement herein and/or concrete fail to meet the compressive strength requirement, assessment of concrete compressive strength in accordance to BS 1881:1983, our liability shall be limited to delivering to customer concrete equivalent to the volume of defective concrete and we shall not be liable to customer for any other losses or damages (whether direct, indirect,special, consequential or otherwise),expenses, costs, charges, liabilities and/or claims incurred or suffered by customer due to or attributable to the defective concrete.

b. Seller shall not be responsible for concrete failure or rejects attributes to the following scenarios:

> Additional of water and/or admixture to the concrete by the customers employee(s), agent(s) and/or contractor(s) and/or third party(s) either before or after discharge from the mixer truck

> Poor handling and placing from the mixer truck

> Placing of concrete when it is raining

> Delay in placement time of the concrete beyond 2 hours from the concrete batching time.

LEGAL RECOVERY OF DEBT CLAUSE WITH RESERVATION OF FUND

(a) Default and Legal Recovery

In the event that the Buyer defaults on the agreed credit terms and payment remains outstanding for more than seven (7) days, the Seller reserves the right to initiate legal proceedings to recover the debt. Please note that payment of the outstanding amount must be made in full within 7 days from the date of this notice. Failure to do so will result in the following actions being taken upon expiry of the 7 days without further reference to Buyer:

Buyer will be liable for all legal costs incurred as a result of this default, including disbursement fees related to the recovery of the outstanding amount, any costs incurred enforcing the clause of Outsource Debt Collection and Collection of Monies described herein, administrative charges, employing Debt Recovery Specialists charges, fees for any third-party debt recovery consultancy engaged by us, costs charged by our solicitor, and any other legal costs arising from the consequences of Buyer default.

To prevent the advance payment of RM 10,000 or 25% of the outstanding indebtedness, whichever is higher, from being charged on any part of this account placed for collection and filed with the court, Buyer is required to make full payment of the outstanding amount within 7 days from the date of this notice. Failure to do so will result in us proceeding with legal action and the subsequent advance payment requirement.

(b) Reservation of Fund

Upon default, the Seller reserves the right to require an advance payment of RM 10,000 or 25% of the outstanding indebtedness, whichever is higher, on any part of this account placed for collection, to cover all legal costs mentioned herein. This amount will serve as a reserve to manage all costs associated with the legal proceedings. The advance payment will be utilized to cover all direct costs associated with the legal proceedings. All costs incurred will be set off against this advance payment, with detailed accounts of expenses maintained and made available to Buyer upon request.

Any remaining balance from the advance payment, after settling all related costs, will be refunded to Buyer. Conversely, should the costs exceed the advance amount, Buyer will be required to cover any additional expenses incurred.

(c) Acceptance of Detailed Account of Expenses

Upon Buyer’s request, the Seller will provide a detailed account of expenses related to the recovery of the outstanding amount. The Buyer must submit any request for such an account within 7 days from the date of being notified of the expenses.

Should the Buyer fail to submit a request for a detailed account within this specified timeframe, the Buyer will be deemed to have accepted the account of expenses as accurate and final. Furthermore, if the Buyer requests a detailed account within the specified timeframe but fails to raise any objections within 7 days following the Seller's submission of the account, the Buyer will also be deemed to have accepted the detailed account of expenses as accurate and final.

PRIVACY

The Seller may collect, use, and disclose personal information about the Buyer when it is reasonably necessary or desirable to do so in connection with providing Goods and/or Services to the Buyer, fulfilling its obligations, or enforcing its rights under these Terms or any Contract, or for any related purpose.

The Seller adheres to the privacy policy of its company, , which can be accessed at https://www.kckok.my/terms/semix/privacy-policy/

The Seller reserves the right to amend its privacy practices and policies at any time, and any such amendments will be reflected in an updated version of the privacy policy available on the Seller’s website. Continued use of the Seller’s Goods and/or Services after any amendments will constitute acceptance of the updated privacy policy.

The Seller shall not be liable for any loss, damage, or expense arising from the collection, use, or disclosure of personal information in accordance with these Terms, except to the extent such liability

TERMINATION

WHERE :-

> The customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or winding up petition or is adjudicated bankrupt or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or

> An encumbrance takes possession, or a receiver is appointed, or any of the property or assets of the purchaser, or

> The Customer ceases, or threaten to cease to carry on business or

> Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notified the customer accordingly, or

> In the event of any default in payment or breach of any other terms and conditions contained herein Seller shall have the right to terminate this agreement without prejudice to any other right or remedy available and if the delivery has been effected but the invoice is not paid. The invoice shall become immediately due and payable notwithstanding any previous agreement or arrangement o the contrary in which event the customer shall be liable for all losses and damaged suffered by seller

SERVICE OF LEGAL PROCESS

Service of all legal process shall be deemed to be validly effected if served if served by posting the same by way
of registered post to the parties at his/her address herein mentioned or at such other address as notified in writing by the other party to the party and that such legal process shall be deemed to have been effectively served on the parties three (3) days after posting thereof.

SEVERABILITY

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the other provisions of these terms and conditions, which shall remain in full force and effect. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original intention and economic effect of the invalid, illegal, or unenforceable provision.

DISPUTE RESOLUTION CENTER

If the Buyer has any complaints regarding these Terms, they may contact the Buyer’s Dispute Resolution Center using the following contact details (or any updated contact information provided to the Buyer):

Dispute Resolution Management Office
Lot 2959, Kampung Padang Landak
22000 Jerteh, Terengganu

Please note that any complaint or issue raised by the Buyer must be submitted in writing within timframe specified terms herein of the event giving rise to the complaint. Failure to raise a complaint within this timeframe will be deemed as acceptance of the Terms and waiver of any rights to contest or dispute the issue. Additionally, any resolution provided by the Grievance Management Office shall be final and binding unless otherwise stated by the Seller.