Terms & Conditions
Order Acceptance and Pricing
Please note that there are cases when an order cannot be processed for various reasons. The site reserve the right to refuse or cancel any order for any reason at any given time. You may be asked to provided additional verification or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, error may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any any order. In the event that an item is mispriced, we may, at our own discretion, wither contact you for instruction or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, in the site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound and their selection arrangement, and all software compilation, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive ant objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysia law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding, the foregoing, the site reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the data of termination. You furthermore agree that the site shall not be liable to you or to any other person as a result or ant such suspension or termination. If you are dissatisfied with the Site or any terms, conditions, rules, policies, guidelines, in operating the site, you sole and exclusive remedy is to discontinue using the Site.
1.1 In these conditions:
"Buyer" means the person who accepts a quotation of One Success for the supply of Goods or who otherwise enters into a contract for the supply of Goods with One Success;
"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 One Success;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any payment of the goods or any parts for them) which One Success is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
"One Success" means One Success Automation (Johor) Sdn Bhd, a company incorporated in Malaysia under registration number 904671-A and having its registered address at No 2, Jalan Industri Kapal Layar, Perindustrian Kapal Layar, 83010 Batu Pahat, Johor, Malaysia.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at relevant time
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Order and Specification
2.1 Order acceptance and completion of the contract between the Buyer and One Success will only be completed upon One Success issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, One Success shall be entitled to refuse or cancel any other without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. One Success shall furthermore be entitled to require the Buyer to furnish One Success with contact and other verification information, including but not limited to address, contact number prior to issuing a confirmation of dispatch.
2.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of One Success and on terms that Buyer shall indemnify One Success in full against all loss (including loss of profit) costs (including the costs of all labour and materials used) damages charges and expenses incurred by One Success as a result of the modification or cancellation, as the case may be.
The price of the Goods and/ or Services shall be the price stated in One Success's website at the time which the Buyer makes its offer purchase to One Success. The price excludes the cost of packing and delivery charges, any applicable goods and services tax; value added tax or similar tax which the Buyer shall be liable to pay to One Success in additional to the price.
4. Terms of Payment
4.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in One Success's website. The terms and conditions applicable to each type of payment, as contained in One Success's website, shall be applicable to the Contract.
4.2 In addition to any additional terms contained in One Success's website, the following terms shall also apply to the following type of payment:
4.2.1 Credit Card
- Credit Card payment option is available for all Buyer. One Success accepts all Visa and Master Cards, both Credit and Debit, and is 3D Secure (Verified by Visa, and Master Card Secure) enabled. All your credit card information are protected by means of industry leading encryption standards.
- Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
4.2.2 Debit Card
- One Success accepts all Malaysian Visa and Master Card debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
4.2.3 Online Banking
- By choosing this payment method, the Buyer shall transfer the payment for the Goods to a One Success'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. One Success, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5. Delivery/ Performance
5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
5.2 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/ performance shall not be of the essence, and One Success shall not be liable for any delay in delivery or performance howsoever caused.
5.3 If One Success has 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 One Success, to demands performance within a specified time thereafter, which shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of One Success's non-performance.
5.4 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control by reason of One Success's fault) then without prejudice to any other right or remedy available to One Success; One Success may:
5.4.1 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
5.4.2 Terminate the Contract and claims damage
6. Risks and Properties of the Goods
6.1 The risk of damage or loss of the goods shall be transferred to the buyer at the time of delivery, or if the buyer erroneously fails to receive the goods, the time when One Success submitted the goods.
6.2 Notwithstanding the transfer of risk in delivery and cargo or any other provision of these Terms, the property in the goods may not be passed on to the buyer until One Success pays the full price
6.3 Prior to the transfer of the goods and property to the buyer, the buyer shall keep the goods as trust agents and trustees of One Success and keep the goods separate from the buyer's goods.
6.4 The Buyer agrees that the One Success Buyer shall promptly notify One Success of any issues affecting One Success's ownership of the goods from time to time and that the Buyer shall provide One Success with any information relating to the goods as One Success may request form time to time.
6.5 One Success has the right at any time to request the buyer to deliver the goods to One Success before the goods in the goods are transferred to the buyer (and the goods are still present and not resold), and One Success reserves the right to take legal action against the buyer to deliver the goods, and reserves the right to seek damages and all other costs, including but not limited the buyer's legal fees.
6.6 The Buyer shall not be entitled to pledge in any way for any debit any warranty which remains with the One Success Property, but if the Buyer does so, then all money owned by the Buyer to One Success shall be without prejudice to any other rights or remedy of One Success Expiration and coping.
6.7 If the provision of Condition 6 are ineffective under the law of the country in which the goods are located, then the legal concept closest to the retention of title in that State shall be deemed to be mutatis mutandis to the basic intent expressed in that condition, and the buyer shall take all necessary measures to achieve the same effect.
6.8 The buyer shall compensate One Success for all damages and legal costs incurred by the Buyer in relation to One Success's claims and enforcement in such circumstance.
7. Warranties and Remedies
7.1 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.
7.2 Subject to this Condition 7, One Success warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 6 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), One Success further gives to the Buyer such implied warranties as cannot be excluded by law.
7.2.1 One Success' above warranty concerning the Goods is given subject to the following condition:
- No condition is made or to be implied nor is any warranty given by way of identification only and the use of such description shall not to One Success.
- Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
- One Success binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall have been taken only as the expression of One Success's opinion in that behalf. One Success does not give any warranty as to the quality state condition or fitness of the Goods.
- One Success Shall be under no liability for the following measures and action taken by the Buyer or third parties and the consequences thereof: improper remedy of de-fects, alteration of the Goods without the prior agreement of One Success, addition and insertion of parts, in particular of spare parts which do not come form One Success.
- One Success shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable foundation, chemical, electro-technical/ electric influences, failure to follow One Success's instruction (whether oral or in writing) misuse or alteration or repair of the Goods without One Success's approval.
- One Success is not liable for any loss damage or liability of any kind suffered by any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without One Success's prior written approval and the Buyer shall indemnify One Success against each loss liability and cost arising out of such claims.
- One Success shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
- One Success shall be under on liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
7.2.2 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 One Success within 7 days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the goods shall be monitored constantly with regard to safety and defect. If there are even slight reservation concerning the suitability for use or the slightest reservation concerning safety, the Goods must not used. One Success shall be given written notification immediately, specifying the reservation of the defect. However in no event shall the Buyer the entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which One Success had contracted to deliver.
7.2.3 If the Buyer does not five due notification to One Success in accordance with the Condition 7.2.2, One Success shall have no liability for any defect or failure or for any consequences resulting therefore. Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to One Success in accordance with Condition 7.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning form the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price affected Goods. In lieu of repair or replacement, One Success may, as its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against One Success.
7.2.4 When One Success has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become One Success' property.