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Terms & Conditions

Article 1. General provisions (Purpose of the Terms of Use)


The Terms of Use (hereinafter referred to as the "Terms") shall define Terms for services (hereinafter referred to as the "Services") provided by Vital Technomation Sdn Bhd. (hereinafter referred to as "Vitaltech") on mail-order businesses for business operators, and also define terms for business transactions (hereinafter referred to as "Transaction(s)") with Vitaltech.

 

Article 2. (Definitions)


Words and terms used in the Terms have the following meanings:
  1. The term "MRO" stands for Maintenance, Repair, and Operation Products, which include indirect/extra materials (e.g., electrical power tools, bolts, and nuts) and other similar articles.
  2. The term "User" is the user of the Services and Transactions who has been registered by Vitaltech.
  3. The term "Agency" is a sales agency who Vitaltech has appointed for User in the process of the use and Transaction of the Services.
  4. The term "Product" is an article which Vitaltech provides for User through Transactions.

 

Article 3. (Scope of the Terms)


  1. The Terms shall apply to every relationship on Services and Transactions between User and Vitaltech.
  2. If necessary, Vitaltech may set forth additional terms in order to facilitate the smooth operation of the Services and Transactions. The additional terms constitute the Terms upon notification to User .

 

Article 4. (Changes in the Terms)


Vitaltech shall be able to change any of the Terms if necessary, without obtaining any agreement from User. Any change in the Terms shall take effect immediately after Vitaltech  notifies User of the change according to any of the appropriate methods that have been defined in Article 9.

 

Article 5. (User registration)


In order to use the Services, a prospective User shall agree on the Terms and complete the user registration procedure determined by Vitaltech separately. Vitaltech may refuse the registration of a prospective User (hereinafter referred to as an "Applicant"), as a result of the screening process that Vitaltech has defined. In this case, Vitaltech will not disclose the reason for refusal to Applicant.

 

Article 6. (Restrictions of the Users)


  1. Only registered User may use the Services. An Applicant becomes a User upon completion of the User registration.
  2. Despite the previous paragraph, if it is revealed that the Applicant is inadequate as User after the user registration, Vitaltech may delete the user registration of such User.

 

Article 7. (Changes in registered data)


Any change in user registration data shall be performed by notifying Vitaltech of the change through the Vitaltech sites. Vitaltech shall not be liable for any damage or inconvenience incurred through the use of Services if the damage or inconvenience is caused as a result of User’s failure to notifyVitaltech of the change in the user registration data.

 

Article 8. (Management of User IDs, passwords and so on)


  1. User shall set a password after the user registration has been completed.
  2. User shall be responsible for the management of User ID and password. If User ID and password is illegally used because of any accidental cause which Vitaltech does not have responsibility, such User who owns such User ID and password shall be responsible for the illegal use. User shall not: make a third party use User ID and password, lend or transfer User ID and password, change the ownership of User ID and password, sell or buy User ID and password, and pledge User ID and password.
  3. Vitaltech will not compensate for any damage caused by the leak or unauthorized use of User ID and password, except that the damage is caused by Vitaltech. If Vitaltech suffers any damage because of the leak or illegally use of User ID and password that is caused by User, Vitaltech shall be able to seek for compensation for the damage to User.
  4. If User ID is used without permission by its owner, or if User ID and password is leaked to a third party, its owner shall notify Vitaltech in no time.

 

Article 9. (Notification methods to Users)


Notification from Vitaltech to User shall be made by a method which Vitaltech considers to be appropriate, for example, via Vitaltech sites, mobile sites, FAX, e-mail, and mail.

 

Article 10. (Responsibility of Users)


User shall satisfy the use conditions of the network in connection with the Services, and observe operation procedures, various agreements, and the Terms. When using the Services, User shall not:

  1. Use the Services for purposes other than the purchase of MRO products
  2. Infringe (or doing any action which could lead to the infringement of) any of the copy rights, trademarks, and other rights which i) is owned by a third party or Vitaltech and ii) is related to the information included in the Services
  3. Interfere with or upsetting the server or networks in connection with the Services
  4. Obstruct the operations of the Services by any means
  5. Take a fictitious name, announce himself or herself as a representative for an organization or a company without representation/agency right, disguise an affiliation/partnership with another person or organization, or obtain two or more IDs to use them fraudulently
  6. Violate any of the Term s or the laws and regulations, whether by intention or by negligence
  7. Use User ID or password fraudulently, or make a third party use them
  8. Tamper with the data provided through the Services, without obtaining permission of Vitaltech
  9. Use a product at a location other than the country or area where the product has been delivered
  10. Export a product
  11. Resell a product
  12. If User does any of the actions described in Paragraph 1 in this article or if the action of User falls within any of the following items, Vitaltech may expel such User or temporarily suspend the use of the Services. In addition, such User shall lose the benefit of term with respect to all obligations arising from the Services and Transactions, and shall immediately make full payment for the obligations to Vitaltech or its agency.
  • - If User delays or defaults on the payment of debts resulting from the Services or Transactions
  • - If a bill or check which User has drawn on or honored is dishonored or payment-suspended
  • - If attachment, auxiliary attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, company liquidation, special liquidation, or petition for corporate reorganization for User is filed
  • - If the financial condition of User worsens, or if there is any objective sign showing that the financial condition of User may worsen
  • - If Vitaltech judges that User is inadequate as a user.

User shall take full responsibility for the User's actions to comply with the applicable laws and regulations, and shall not divert a product if such an action violates any of the applicable laws and regulations. All products are subject to Malaysia's applicable laws and regulations.

 

Article 11. (Compliance/ Export Control)


User shall comply with applicable laws and regulations including Malaysia laws and regulations on export control. User declares that he or she;

  • - is not related to the military forces;
  • - is not related to the production, use, or sale of weapons of mass destruction or conventional weapons;
  • - will not use a purchased Product for illegal purposes such as production, development, use, or storage of weapons of mass destruction or conventional weapons;
  • - will not breach applicable laws and regulations including laws and regulations on export control; and
  • - comply with US re-export controls as they related to US origin goods.

User is aware that which Vitaltech belongs to prohibit bribery and corrupt behavior in any form. User agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials. User shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any government official for the purpose of influencing any act or decision in connection with the purchase and resale of the products ordered from Vitaltech. User shall not pay a gratuity, bribe or inducement to any government official, even if it appears customary or consistent with prevailing business practices.
 

Article 12. (Buy and sell agreements, order methods of products)


  1. After the user registration in Vitaltech, User shall be able to order a product or use the Services. When ordering a product via the Services, User is required to enter User ID and password.
  2. Any order which User has placed via the Services using User ID and password shall be recognized by Vitaltech as the valid declaration of the User's intention and thus deemed as a legitimate order.
  3. Any order by User shall be deemed final with respect to the product, date of delivery and price when the order is received by Vitaltech and its processing is finished.
  4. User agrees that a sell and buy agreement is made final between User and Vitaltech (or its agency notified separately) at the time when the processing of order set forth in paragraph 3 above is finished. However, for certain products specified by Vitaltech, the procedure and method for concluding a sell and buy agreement shall be set separately. User agrees that User cannot cancel or change an order after placing the order.

 

Article 13. (Method of payment)


  1. User shall select a payment method from the options offered by Vitaltech when the user places an order, and shall make payment for the order accordingly. User shall pay all the remittance charges (including domestic and international charges).
  2. User shall agree in advance that if User selects advance payment by a bank transfer and Vitaltech cannot confirm the whole or part of payment for products within 1week after User’s order, the order will be canceled.
  3. If User selects advance payment by a bank transfer and pays more than the total amount of the order, User shall make a choice between the receipt of a fixed-term coupon for the extra amount or refund through a bank transfer. (If the extra amount is less than the remittance charges, User shall receive a fixed-term coupon for the extra amount.) All the remittance charges for the refund shall be paid by User and be deducted from the refunded amount. In addition, User shall agree in advance that(i)if User doesn’t select the refund method within a year and a half, the extra amount shall not be refunded to User and Vitaltech shall obtain the extra amount and (ⅱ)after the fixed-term of the coupon expires, the coupon shall not be available .
  4. The refund due to the cancellation described in the paragraph 2 of this Article shall be made in accordance with the paragraph 3 above.

 

Article 14. (Transfer of title)


Title passes to User upon tender of delivery after Vitaltech receives payment from User.

 

Article 15. (Shipping policy)


  1. User is the importer of record and is responsible for complying with all Local laws and regulations for importing products into your country. All orders are shipped under INCOTERMSR 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, the default shipping term is DAP. Please note the User will have to pay any applicable custom duties, taxes, and import fees upon delivery of items purchased and that these amounts are not included in the total amount presented at checkout. Brokerage charges will be billed to User. All refused shipments will be charged return shipping.
  2. Any shipping schedule for a product indicated on the brochures, Vitaltech sites or mobile sites shall be construed only as an exemplary schedule. User agrees in advance that the delivery date may change depending on the arrival of the product, stock status, or other unexpected reasons.
  3. User agrees in advance that Vitaltech shall not ship the products regardless of the schedule provided in the preceding paragraph until Vitaltech can confirm all the payment for the products.
  4. User agrees in advance that if User's order is not properly processed by the normal operation of Vitaltech because any of the order data or necessary items has not been properly entered or has a typing error, or if there is any unavoidable reason such as a bad transportation condition or bad weather, the year-end and New Year holidays, Malaysia's holiday, or another unexpected reason, the ordered product may not be delivered by the prescribed delivery date.
  5. Depending on User's Internet connection environment, a time lag may be generated between the transmission time at User and the reception time at Vitaltech. In such a case, the reception time at Vitaltech shall be the order time by User. For an order by FAX, the time when an operator at Vitaltech enters order data on behalf of User after receiving the order by FAX shall be the order time by the User.
  6. The delivery of a product is completed when the product is properly delivered to the "delivery address" described in the "confirmation note for ordered contents."
  7. Vitaltech will not deliver products to a shop of a courier company, private mail box, overseas shipping agency, overseas transferring service provider, army post, or export-banned county.

 

Article 16. (Consumption tax, custom duty, charge for delivery, charge for cash on delivery, storage fee and other expense)


  1. The listed prices of products, Services, and charge for delivery, which are described in brochures, Vitaltech sites, and mobile sites, are before-tax prices, and hence consumption taxes and custom duties will be added separately. For products which User has bought, User shall pay consumption taxes and custom duties required in the country of User.
  2. User shall pay charge for delivery separately, in addition to the payment for products. In addition, User shall pay additional expense incurred for any reason attributable to User including storage fee associated with delay in payment.
  3. User shall complete payment set forth in the preceding two paragraph within 30 days from shipping date. If Vitaltech cannot confirm payment within 30 days from shipping date, Vitaltech shall be able to refuse User to provide the Services by applying Article 26.2.

 

Article 17. (Installing and maintaining equipment by User)


  1. User shall install, at User's own expense, any equipment required for receiving the Services online, including a communication device (with a contract with a carrier), computer, software program, and so on (hereinafter referred to as "User Equipment").
  2. To receive the Services, User shall maintain User Equipment so that User Equipment will operate properly, by User's responsibility at User's own expense, and shall access web sites via the provider that User has selected.

 

Article 18. (Copyrights)


In the Services, copyrights of the database as well as those of copyrighted works such as designs and layouts of brochures, Vitaltech sites and mobile sites, and screens where product information is displayed shall belong to Vitaltech. User shall not copy, sell, or publish any information which is obtained through Vitaltech. User shall not use the information that is described in brochures, Vitaltech sites, and mobile sites to provide services similar to the Services or any competitive services.

 

Article 19. (Exclusionary clause)


  1. If the delivery of a product is delayed or impossible because of any extraordinary natural phenomenon or the enactment, alternation, or abolition of laws or regulations, traffic accident, reprimand by the exercise of public power, accident during transportation, labor dispute, war, or another unavoidable matter, Vitaltech will promptly notify User. If User suffers a loss because of any of the above-mentioned causes, however, Vitaltech and agencies shall not have a responsibility for the indemnification for the loss.
  2. Vitaltech pays special attention to security when User enters User's personal information; however, the User should recognize the risk of information leaks even under such a protected environment and agree that the personal information is not necessarily 100% safe.
  3. Taking into consideration that the Services are provided from Malaysia, User agrees in advance that products may not conform to the standards of the User's country. Vitaltech and agencies shall not have a responsibility for the indemnification for the loss due

Article 20. (Dealing with advertisers)


Any communication or transaction regarding advertisement, link, or PR information by User, which are placed on the screen of the Services, shall be made upon the responsibility of the parties concerned, and thus Vitaltech shall have no responsibilities.

 

Article 21. (Changes in Services, prices, and specifications)


During the effective period of a brochure, flyer and so on, part or all of the Services may be subject to change without any prior notice to User. Prices or specifications of described products may be subject to change or close without any prior notice to User.

 

Article 22. (Suspending the Services)


Vitaltech may suspend part or all of the Services without any prior notice to User if any of the following items applies:
  1. If any urgent inspection or update of the Services is required
  2. If it is difficult to provide the Services because of any accidental forces such as fire, blackout, and natural disaster
  3. If Vitaltech has to temporarily suspend the Services because of any operational or technical reasons, or if Vitaltech determines that it is difficult to provide the Services because of any contingency situation

 

Article 23. (Refusing the provision of the Services)


If any of the following causes applies or might apply, Vitaltech shall be able to refuse the provision of the Services even after the provision of the Services is accepted. Vitaltech will pay back a bill for the product if the following causes incurred for any reason attributable to Vitaltech and Vitaltech shall not be required to pay back it if the reasons are attributable to User. Vitaltech deems following items 2 & 5 attributable to User and item 3 attributable to Vitaltech. Other items are judged on a case-by-case basis by Vitaltech.
  1. If the whereabouts of User or the delivery address of the product cannot be identified
  2. If User refuses the receiving of the product
  3. If the delivery company cannot deliver the product
  4. If the product is suspended by the customs
  5. If User violates any of the Terms
  6. If Vitaltech determines that it is inadequate to provide the Services

 

Article 24. (Governing laws And Jurisdiction Courts)


 

These rules are governed by and interpreted in accordance with the laws of Malaysia. All Customers acknowledge and agree that all disputes arising from or in connection with the Services will be exclusively resolved through the Courts of Malaysia.

 

Article 25. (Subject of discussion)


For any subject which has not been defined in the Terms and any article described in the Terms, if any question arises in the interpretation of such a subject or article, the User and Vitaltech shall negotiate in good faith to come to a settlement.

 

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