ONLINE PLATFORM TERMS & CONDITIONS
Please read these terms and conditions carefully. It contains important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolution remedies.
For clarification, the term “Customer” includes Business Customers and individuals, and the term “Business Customers” includes, but is not limited to, government, institutional, and educational customers.
By accessing any page of this website, you agree to be bound by these terms and conditions without limitation or qualification. If you do not agree these terms and conditions, please immediately discontinue your access to this website.
Sime Darby Industrial is a dealer and distributor of industrial products. Sime Darby Industrial sells industrial products over its online platform to Customers. The supply of products by Sime Darby Industrial to the Customer under any contract shall be subjected to these terms and conditions which shall govern the contract to the exclusion of any other terms and conditions agreed by the parties. Order acceptance and completion of the contract between the Customer and Sime Darby Industrial will only be completed upon Sime Darby Industrial issuing a sales order confirmation to the Customer. Sime Darby Industrial shall be entitled to require the Customer to furnish Sime Darby Industrial with further verification information, including but not limited to email address, billing address and contact number prior to issuing a sales order confirmation.
A. “Web Prices” displayed on industrialvalet.com: (i) are offered to Customers that do not have other pricing arrangements with Sime Darby Industrial; (ii) are subject to these terms and conditions; (iii) are available for orders placed on industrialvalet.com, by phone, or at Sime Darby Industrial branch locations; (iv) do not include freight, handling fees, taxes, and/or duties which the Customer shall be liable to pay to Sime Darby Industrial; and (v) are subject to change or correction at any time and without notice.
B. Customers that have other pricing arrangements with Sime Darby Industrial can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their industrialvalet.com account.
3. PAYMENT AND CREDIT TERMS.
Sime Darby Industrial accepts FPX, cash deposit, cheque deposit, bank transfer, debit and credit card.
Sime Darby Industrial charges a shipping and handling fee, (which includes internal handling and related costs), on each order and reflected at checkout and the order confirmation email. Other terms and conditions may also apply for alternate delivery options (“Other Freight Services”). Any charges incurred for shipping, handling and/or Other Freight Services must be paid by Customer. Fuel surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer’s only recourse is to file a claim with the carrier.
Subject to this Warranty Policy, Sime Darby Industrial warrants that the products will correspond with their specification at the time of delivery. Customer should contact Sime Darby Industrial directly and give the particulars of the non-conformity within fourteen (14) days commencing from the date on which the products are delivered if for any reason, the product does not correspond with the specification. Sime Darby Industrial will provide an exchange or refund if the product is returned in its original packaging and with proof of purchase from Sime Darby Industrial.
2. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY.
EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY SIME DARBY INDUSTRIAL. ANY DESCRIPTION GIVEN OF THE PRODUCT IS GIVEN BY WAY OF IDENTIFICATION ONLY. SIME DARBY INDUSTRIAL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SIME DARBY INDUSTRIAL ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. SIME DARBY INDUSTRIAL EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. Sime Darby Industrial’S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
3. Product Compliance and Suitability.
Each jurisdictions may have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Sime Darby Industrial does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Sime Darby Industrial accept responsibility for construction, installation and/or use of a product. It is the Customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
4. Cross-Reference Information.
Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS OR PRODUCT ALTERNATIVES ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine suitability of the product for Customer’s intended use.
Information about the products in the Sime Darby Industrial catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Sime Darby Industrial catalog, literature or websites does not constitute the right to purchase products. Sime Darby Industrial reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Sime Darby Industrial catalogs and websites, and Sime Darby Industrial reserves the right to correct or change such pricing errors without notice. Sime Darby Industrial further reserves the right to cancel any and all orders resulting from such pricing errors and notify the Customer of such cancellation, even if Customer has received a sales order confirmation from Sime Darby Industrial.
1. Third Party Payment System Provider.
If Customer elects to use a third party payment system provider (“Payment System Provider”) and Sime Darby Industrial is charged fees by the Payment System Provider, Sime Darby Industrial reserves the right to seek reimbursement from Customer for any and all costs paid to the Payment System Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Payment System Provider.
2. Intellectual Property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Sime Darby Industrial, or any IP owned by manufacturers and/or suppliers to Sime Darby Industrial. All materials contained in Sime Darby Industrial catalogs or on its web sites are subject to the ownership rights of Sime Darby Industrial and/or its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of Sime Darby Industrial or its manufacturers and/or suppliers without Sime Darby Industrial’s permission.
3. Custom Product.
Sime Darby Industrial may offer products manufactured or assembled to Customer’s specifications (“Custom Product(s)”). Sime Darby Industrial is not responsible for verifying or confirming the accuracy of specifications provided by Customer to Sime Darby Industrial for Custom Products. All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed.
No product order can be cancelled by the Customer unless it is approved by Sime Darby Industrial and/or on terms that the Customer shall indemnify Sime Darby Industrial in full against all loss (including loss of profits), costs (including the cost of all labour and materials used), damages, restocking fees, charges and expenses incurred by Sime Darby Industrial as a result of the cancellation. Notwithstanding the above, Sime Darby Industrial reserves the right to refuse or cancel any order without giving any reasons for the same to the Customer and any payment made will be refunded to the Customer.
5. Force Majeure.
Sime Darby Industrial shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Sime Darby Industrial in the conduct of its business.
6. Modification of Terms.
Sime Darby Industrial reserves the right, to change, modify, add, or remove portions of these terms and conditions at any time. Changes will be effective when posted on the website with no other notice provided. Please check these terms and conditions regularly for updates. The Customer’s continued use of this website following the posting of changes to these terms and conditions constitutes their acceptance of those changes. No additions or modifications of these terms and conditions by Customer shall be binding upon Sime Darby Industrial, unless agreed to in writing by an authorized representative of Sime Darby Industrial. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Sime Darby Industrial’s sales order confirmation, Sime Darby Industrial’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by Sime Darby Industrial of any of the terms and conditions contained herein or in Sime Darby Industrial’s sales order confirmation. Sime Darby Industrial reserves the right to accept or reject any order.
7. Complete Agreement.
The terms and conditions in: (i) Sime Darby Industrial’s sales order confirmation; (ii) invoices; (iii) web sites; and (iv) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between Customer and Sime Darby Industrial.
Business Customers represent that any person accepting these terms and conditions on behalf of the Business Customer is authorized to do so and that all employees and representatives of the Business Customer who access industrialvalet.com or any other Sime Darby Industrial website or application on behalf of the Business Customer or otherwise purchase products from Sime Darby Industrial on behalf of Business Customer have the legal right, and are duly authorized, to make such purchases and further authorized to enter into agreements relating to the purchase of products or to obtain pricing or discounts from Sime Darby Industrial on behalf of Business Customer. Business Customers hereby agree to indemnify and hold Sime Darby Industrial harmless against any breach of this representation.
9. Governing Law and Submission to Jurisdiction.
The terms and conditions and the parties’ obligations and undertakings hereunder shall be governed by and construed in accordance with the laws of Malaysia and the parties agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.
By accessing or using our Website, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described.
1. WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?
We collect personal information about you when you voluntarily submit information to us when you use our Website. This can include information you provide to us when you register for an account, make a purchase, post a review, send us messages, subscribe to our mailing lists, newsletters or other forms of marketing communications, participate in a survey, click on an ad, redeem a promotion or use some other feature of our Website.
2. INFORMATION AUTOMATICALLY COLLECTED THROUGH COOKIES AND OTHER TRACKING TECHNOLOGY.
When you use our Website, visit our branches, read our emails, or otherwise engage with us through a computer or mobile device, we and our third party partners, automatically collect information such as the device you use to access the Website and the pages you browsed and clicked on our Website.
We use this information to enhance and personalize your user experience, to monitor and improve our Website and for other internal purposes.
We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”).
Information we collect automatically about you may be combined with other personal information we collect directly.
3. THIRD PARTY DATA COLLECTION AND INTEREST BASED ADVERTISING.
INTEREST BASED ADVERTISING
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We share with third party online advertising networks, social media companies and other third party services the information about your use of our websites and mobile apps over time so that they may play or display ads on our Website, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site and other information. We may share a common account identifier (such as an email address or user ID) with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. See Your Choices and Control Over Your Information, below, to learn more about how you may control interest-based advertising.
SOCIAL MEDIA WIDGETS AND ADVERTISING
Our Website may include social media features, such as the Facebook, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Website, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google+ and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Website while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. These advertisements are governed by the privacy policies of those social media companies that provide them.
We, or our third party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our Website. We may also work with third party partners who employ tracking technologies, or the application of statistical modeling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as an email address or user ID) with third party advertising partners to help recognize you across devices. We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics and to measure the performance of our advertising campaigns.
THIRD PARTY PARTNERS.
The following is a sample of the third party service partners we work with to provide cross-device linking and advertising services. We will strive to update this list if or when we work with new partners which offer you a choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
Google Analytics and Advertising. We use Google Analytics and Google Universal Analytics to recognize you and link the devices you use when you visit our Website on your browser or mobile device, login to your account on our Website, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google Universal Analytics to facilitate the Website. Google Analytics allows us to better understand how our users interact with our Website and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Website. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
USER EXPERIENCE INFORMATION
On some of our Website, we use third party tools to monitor user experience information. These tools automatically collect usage information, including mouse clicks and movements, page scrolling and any text keyed into website forms. The information collected does not include passwords, payment details, or other sensitive personal data. We use this information for site analytics, optimization and to improve website usability. We do not permit this information to be shared with or used by third parties for their own purposes.
4. HOW WE SHARE YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
We may share your personal information with the following parties:
- Third parties at your request: you may choose to share your activities on Sime Darby Industrial with your friends through email, text or on various social media networks.
- Promotional partners: third parties with whom we partner to provide contests and sweepstakes, or other promotional activities, which will usually be identified by name in the Official Rules of the contest or sweepstakes.
- Select third parties: third parties, so that they can provide you with information and marketing messages about products or services that may interest you. To opt-out of our sharing your personal information with such companies, see Your Choices and Control Over Your Information, below.
- Service providers and advisors: third party vendors and other service providers that perform services for us, on our behalf, which may include identifying and serving targeted advertisements, providing mailing or email services, tax and accounting services, product fulfilment, payments processing, data enhancement services, fraud prevention, web hosting, or providing analytic services.
- The public: when you provide feedback or post user content on our site. For example, if you post a product review on our website or a comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our website or on our social media pages.
- Purchasers and third parties in connection with a business transaction: personal information may be disclosed to third parties in connection with a Sime Darby Industrial-related transaction, such as a merger, sale of Sime Darby Industrial assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another Sime Darby Industrial or third party, or in the event of a bankruptcy or related or similar proceedings; and
- Law enforcement, regulators and other parties for legal reasons: third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our terms and conditions or to protect the security or integrity of our Website; and/or (c) to exercise or protect the rights, property, or personal safety of Sime Darby Industrial, our visitors, or others.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
5. YOUR CHOICES AND CONTROL OVER YOUR INFORMATION
Profile and data sharing settings: You may update your profile information, such as your user name, address, or billing information, and may change some of your data sharing preferences on your Account Page.
How to control your email preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Website, technical and security notices).
Modifying or deleting your information: We may not be able to modify or delete your information in all circumstances.
Geolocation and in-branch location: You may control location tracking by adjusting your location services settings on your mobile device. We may continue to approximate your location based on your IP address when you access the Website through a computer or device.
6. LINKS TO OTHER WEB SITES AND SERVICES
The Website may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.