General Terms and Conditions

1.1. STORAGE & DELIVERY OF GOODS

a) The Vendor shall ensure that, throughout the term of this Agreement, the goods and items belong

to Vendors. A staff or approved person appointed by the Vendor needs appropriate credentials

permission and authorization to access the goods and items with the Service Provider.

b) Vendor shall be responsible for ensuring all packing of items for storage is properly protected and

padded, if necessary in order to utilize the Service. Prior knowledge is to be given to Service Provider

by Vendor if additional or special care is required for any item. In the event the Vendor requires

additional Services of packing of their items, this is chargeable by the Service Provider upon

prevailing rates specified by Service Provider and upon mutual agreement between Parties.

c) Vendor understands and agrees that if fragile items are stored, Vendor waives all rights and claims

against Service Provider should the fragile items be damaged. Fragile items, such as (but not limited

to) glassware, crockery, picture frames, light bulbs, musical instruments, collectables or any items

that are easily broken. It is the responsibility of the Vendor to ensure all precautions are taken with

sufficient notice given to Service Provider of any special care required.

d) Vendor must ensure that bulky and large items are securely and safely protected so as not to cause

damage or injury to Service Provider employees, or any other items, property or person.

e) The Goods stored by the Vendor must not include the following items: antiques (whether breakable

or fragile), food or perishable items that may attract vermin or insects, livestock (e.g. animals, plants,

and any other living thing), fine art or fine wine, items containing or made of crystal, firearms,

weapons, ammunition, explosives, combustible or flammable materials or compressed gases, liquids

such as paint, oil, gun powder, saltpeter diesel, kerosene, petrol, oil, cleaning solvents, artificial

fertilizer, chemical, radioactive materials or biological agents, toxic waste, asbestos or other

materials of a dangerous, toxic and hazardous nature, any item which emits fumes, smells or odours

or any noise to be audible or vibration to be felt, used tyres, bullion (e.g. gold-silver), jewellery,

currency, ivory, precious metals or stones, any illegal substances, drugs, narcotics or items and goods

illegally obtained, items which are irreplaceable such as currencies, bonds, securities, jewellery, furs

and deeds, any other hazardous or dangerous materials the storage of which is subject to control by

law.

1.2. SIGNATURE BOXES

a) Vendor may utilize upon request the Service Provider signature boxes to store items with a weight

limit of 20kg each box and any goods exceeding this weight limit shall be made known to Service

Provider. Goods stored in storage box(es) must be sealed with Service Provider seals which are given

to the Vendor upon delivery of the empty box(es). Failure to inform on the weight and utilize the

seals will result in Service Provider having the right to refuse Vendors request in favor of Service

Provider inclusive of any monetary impact with prevailing rates specified by the Service provider.

Any damage incurred by the Vendor to the Service Provider signature boxes will result in

compensation of RM100 each damaged box which will be made payable from Vendor to Service

Provider.

b) The Vendor may give full authority to Service Provider to access contents within their signature boxes

and stored bulky items in order for Service Provider to provide requested delivery services to third

party interfaces as specified by Vendor. The Vendor shall inform the Service Provider via email and

the Service Provider will acknowledge all requests via email and update the inventory management

of the Vendor upon successful completion of delivery or pick up from the specified third-party

interface. Third party interface as specified by Vendor such as (but not limited to) Vendor customers,

third party mail delivery services and Vendor suppliers.

c) Vendor agrees that Service Provider or our appointed agent may at any time reserve the right

without informing Vendor or in compliance with any court order or direction from any law

enforcement or government agency, open and inspect the goods inside, seize, destroy or otherwise

dispose them as we deem fit per our absolute discretion. Service Provider shall have no liability to

Vendor in respect of such goods if Service Provider reasonably suspect that there are any such

prohibited materials. Vendor shall be responsible for all resulting costs, expenses and losses incurred

by Service Provider and Vendor shall pay such amounts to Service Provider on demand where there

is a breach of Clause 1.1 (e) and Clause 1.2 (c).

d) Vendor shall be responsible to set clear scheduled dates and time for delivery or pick up which is

mutually agreed by Service Provider. The confirmed and agreed upon schedule must be strictly

adhered too. If any deviations are made by Vendor within 48 hours of the agreed schedule, the

Vendor will be subjected to a penalty of up to RM60, made payable to Service Provider. In the event

Vendor utilizes the Service Provider Signature Boxes, the maximum amount of time Vendor can keep

the box(es) will not be more than 14 days, whereby Vendor must send it back to Service Provider.

e) In the event the Vendor utilizes the Service Provider Signature Box immediate delivery and pick-up

services, Service Provider will only wait up to 20 minutes as Vendor completes their storage into the

Signature Box. Any timing exceeding will be subjected to a penalty at prevailing rates specified by

Service Provider. Vendor must plan as set in Clause 1.2 (d) if they do not require or unable to adhere

to the immediate delivery and pick up service.

f) Vendor understands that first delivery and pick-up by the Service Provider is free and subsequent or

additional trips is chargeable by the Service Provider upon prevailing rates specified by Service

Provider. Additional charges incur for any delivery scheduled on Sunday, amounting to RM100 extra

on top of the charges per distances charged to the Vendor.

g) Vendor must inform the Service Provider of the elevator access in location of delivery or pick-up.

Non-elevator access at Vendor location will be charged RM20 per floor with every 4 signature boxes

or approximately 80kgs in total of items picked up or delivery by Service Provider.

1.3. EXCLUSION OF LIABILITY

a) Service Provider shall not be liable for any loss, damage, quantity, wear and tear or the condition of

returnable items received from Vendor’s customer.

b) Vendor shall be responsible for ensuring the correctness of the description and quantity of items

before sending it to Service Provider. If the Service Provider found out there is a discrepancy in the

delivery order’s items description or quantity received, Service Provider shall inform the Vendor as

soon as possible. Vendor shall be responsible to identify the cause of such discrepancy and take

necessary action to rectify it.

c) Service Provider shall not be liable for any failure of Vendor to meet its delivery date.

d) Service Provider shall not be liable for any loss or damage resulting from inventory record mismatch

in both Parties’ systems and record, including any third-party inventory system. Service Provider shall

at reasonable endeavors, assist the Vendor in audit tracing the inventory record. Vendor shall be

responsible to identify the cause of such inventory record mismatch and take necessary action to

rectify it.

e) Service Provider shall not be liable for any loss or damage, cost or expense whatsoever arising from:

as-is items come in damaged condition; the negligence, act or omission of any third-party, logistics,

the Vendor or any person acting on Vendor behalf; compliance with the instructions given to Service

Provider by the Vendor or any other person entitled to give them; insufficiency of the preparation,

packing, storage, labelling or marking of the goods except where such service has been provided by

Service Provider; riots, civil commotion, strikes, lockouts, terrorist attacks, stoppage or restrain of

labour from whatsoever cause; inherent vice of the goods, any bugs, viruses, trojan horses or the like

that may be transmitted to or through Service Provider website by any third party; any interruption

or cessation of transmission to or from the site; and any cause or event which Service Provider could

not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

Vendor shall indemnify and hold Service Provider harmless for any and all claims arising from the

events above.

1.4. LIMITATION OF LIABILITY

a) The Vendor agrees that the terms of this document constitute the whole contract with Service

Provider and that, in entering this contract, the Vendor relies upon no representations and

warranties imposed by custom or law other than those contained in this Agreement.

b) The Vendor acknowledges that the Service Provider may within professional and better judgment

reserve the right for refusal to collect, store or deliver in any event of appropriate negotiations were

not obtained between the Parties.

c) The Vendor acknowledges that it has raised all queries relevant to its decision to enter this

Agreement with Service Provider and that has, prior to the Vendor entering into this Agreement,

answered all such queries to the satisfaction of the Vendor. The Vendor acknowledges that any

matters resulting from such queries have, to the extent required by the Vendor and agreed to by the

Service Provider, been reduced to writing and incorporated into the terms of this Agreement.

d) Any damages, whether for physical and/or economic loss or damage solely attributable by Service

Provider, which Service Provider is liable to pay to the Vendor pursuant to this Agreement or

performance of this Agreement are limited to a maximum of RM8,500 per cubic meter of storage of

insurance payout, unless additional insurance premium is bought by the Vendor. Additional

insurance premium is at current rate of RM10 per month, subjected to prevailing insurance premium

rates and subject to change. In no event shall Service Provider be liable to Vendor for any contingent,

indirect, incidental, consequential, extra-contractual or exemplary or punitive damages, or for

damages for lost sales or profits. The limitations above apply to all causes of action in the aggregate,

whether based in contract, tort (including negligence) or any other legal theory (including strict

liability).

1.5. TERMINATION

a) Vendor may terminate this Agreement only when Vendor becomes bankrupt or insolvent, or if

Vendor’s business is placed in the hands of a receiver, assignee, or trustee, by officially giving three

months advance written notice to Service Provider informing of this event, whereby Service Provider

will acknowledge the receipt of this early termination.

b) If Vendor terminates this Agreement before the Expiry Date or terminates Service before the end of

the applicable term commitment, the Vendor will be charged (i) a termination fee calculated based

on average service fees collected in three previous months and (ii) any discounted service fee given

under Promotion. Payment for the termination fees and discounted service fee must be made within

14 days of receiving the termination invoice from the Vendor. The Vendor’s items will not be released

until this payment has been cleared.

c) Service Provider may terminate this Agreement at its convenient by giving 14 days advance written

notice to Vendor.

d) If Service Provider determines that Vendor breach any terms of this agreement or Vendor activity

poses a threat to Service Provider, it will be of the prerogative of the Service Provider to terminate

this agreement with Vendor with written notice to the Vendor and a termination fee calculated

based on average service fees collected three previous months plus RM1000 from Vendor. If there

is no written reply by the Vendor within 7 days from the date of the written notice, then Service

Provider shall stop its Services to Vendor. Without prejudice to any legal remedies, Service Provider

shall exercise lien over the goods until the outstanding charges have been fully settled and received

by Service Provider. Under such situation, Vendor authorizes us to withhold and inspect the goods.

Service Provider will therefore charge a lien sale/auction fee of RM800 is applicable. Proceeds from

the sale or auction will be used to settle all outstanding charges and payments including

administrative fees, removal fees, late payment fees and lien sale/auction fee. If in Service Provider

opinion the goods and/or item(s) cannot be sold for a reasonable price or at all (for any reason), or

despite Service Provider reasonable efforts they remain unsold, Vendor authorizes Service Provider

to treat them as abandoned and to destroy or otherwise dispose of them at the Vendor’s cost.

Vendor shall be responsible for all costs reasonably incurred by Service Provider in relation to the

disposal of the goods and/or item(s).

1.6. CONFIDENTIALITY

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is

disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a

confidential nature. This obligation will not apply to information which the recipient can prove was in its

possession at the date it was received or obtained or which the recipient obtains from some other person

with good legal title to it or which is in or comes into the public domain otherwise than through the default

or negligence of the recipient or which is independently developed by or for the recipient.

1.7. NOTICE

Notices will usually be given by email, or if given in writing will be left at, or posted to, or faxed to the

address of the Vendor. In relation to the giving of Notices to the Service Provider, Notices must actually be

received to be valid. In the event of not being able to contact the Vendor, Notice is deemed to have been

given to the Vendor by the Service Provider if the Service Provider serves that Notice on the Alternate

Contact Person as identified, or has sent Notices to the last notified address of the Vendor or Alternate

Contact Person.

1.8. JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any dispute,

controversy or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity

hereof, shall be resolved in good faith by negotiation and consultation between the Parties. Any dispute

that has not been resolved by negotiation and consultation shall be submitted to Malaysian Court with

competent jurisdiction.

1.9. MISCELLANEOUS

a) Neither Party shall assign or transfer all or any part of its rights under this Agreement without the

consent of the other Party.

b) This Agreement constitutes the entire understanding between the Parties relating to the subject

matter hereof unless any representation or warranty made about this Agreement was made

fraudulently and, saves as may be expressly referred to or referenced herein, supersedes all prior

representations, writings, negotiations or understandings with respect hereto.

c) Neither Party shall be liable for failure to perform or delay in performing any obligation under this

Agreement if the failure or delay is caused by any circumstances beyond its reasonable control,

unforeseeable events, including but not limited to acts of god, war, epidemic or pandemic,

government order, civil commotion or industrial dispute. If such delay or failure continues for at least

7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement

by notice in writing to the other.

d) Service Provider shall have the right to amend any section of this Agreement, by giving a 14 days

advance written notice to inform Vendor of such amendment, and send the full copy of the updated

Terms and any changes being made to any section of the Agreement.

e) Vendor hereby granted the right to use the name, trademarks, trade names, service marks, insignia

or logos owned by Vendor (collectively “intellectual property”), may be published on website, social

media, broadcast or relevant offline and online marketing and promotion channel and specifically

authorized Service Provider unlimited use to its intellectual property in doing so. Vendor hereby

represents, warrants and covenants that it has and will maintain the right to use the intellectual

property and will indemnify and hold Service Provider harmless from any claim of alleged

infringement brought by any party against Service Provider, including but not limited to costs of legal

expenses.