1. DEFINITIONS

"WASTECH"	means the Platform owned by WASTECH ENGINEERING SDN. BHD. (Registration No. 199201022709 (254213-H)), a company incorporated in Malaysia and having its principal place of business at Lot 34, Jalan Delima 1/3, Subang Hi-Tech Industrial Park, 40000 Shah Alam, Selangor;
"Agreement"	means the contract formed when WASTECH has accepted the order placed by the User on the Platform for the purchase of Goods sold by WASTECH (including but not limited to any additional terms and conditions included in the order (if any));
"CRA"	means the Credit Reporting Agencies appointed by WASTECH which includes CTOS and any other credit reporting agencies approved by WASTECH from time to time;
"Goods"	means the goods and/or services made available for sale on the Platform;
"Online Payment Gateway Provider"	means the service provider (including but not limited to iPay88 Malaysia and any other payment gateway service provider approved by WASTECH from time to time) who operates, processes, and maintains an online payment gateway between WASTECH and the respective Banks to effectuate online payment by the User for the Goods on the Platform;
"Payment Method"	means the ways in which the User pay for the Goods on the Platform, including but not limited to, credit card, debit card, direct debit, FPX and/or eWallet;
"Platform"	means the website with the URL link of [https://www.wastechgrow.com.my/] and/or WASTECH mobile application, where WASTECH may list the Goods for sale on the Platform and the User may purchase the Goods by executing the Agreement with WASTECH on the Platform;
"Return and Refund Policy"	means the terms and conditions regarding the return, replacement and refund of the Goods as may be determined by WASTECH from time to time which can be found at Return and Refund Policy
"User"	means the person who purchases the Goods on the Platform;
"Services"	means the use of any services, information and/or functions made available by WASTECH on the Platform; and
"Terms of Sale"	means the terms and conditions of sale contained herein and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services.

2. INTRODUCTION

2.1 The Terms of Sale herein will apply to any sale of Goods on the Platform. If the User purchases any of the Goods through the Platform, the User is deemed to have consented to the terms and conditions set forth in the Terms of Sale, the Agreement, as well as any other terms and conditions set out in all of WASTECH related agreements of the Goods whenever the User make a purchase of Goods through the Platform.

2.2 For the avoidance of doubt, the Terms of Sale supplement the terms and conditions as stipulated in the Agreement and any other WASTECH’s policies (as provided on the Platform), of which this Terms of Sale shall form a part of.

2.3 All of the terms and conditions described in the Terms of Sale are subject to change at WASTECH’s sole and absolute discretion from time to time. WASTECH will keep the Terms of Sale under regular review and may amend it from time to time without prior notice to the User. The updated version shall apply and supersede all previous versions and as such, it is advisable for the User to check the Terms of Sale herein on a regular basis.

2.4 The Platform provides a place and opportunity for the sale of Goods between WASTECH and the User. The User is offered the preference of purchasing the Goods as listed by the WASTECH on the Platform.

2.5 Where the User has placed an order on the Platform for the purchase of Goods sold by the WASTECH and the WASTECH has accepted the same, this shall constitute an Agreement entered into directly between the User and the WASTECH

2.6 Any information made available on the Platform in relation with the supply of Goods, including drawings, photograph, images, or data about the extent of appearance, performance, delivery, dimensions, weight, consumptions of operating materials, operating costs or any other information disclosed by WASTECH and/or WASTECH through the Platform are not binding but merely for information or illustration purposes only. The User acknowledges that it does not rely on and waives any claim against WASTECH and/or WASTECH based on any such representations or information so provided.

2.7 WASTECH shall in its reasonable endeavours, provide precise description of the Goods to the User on the Platform. WASTECH makes no warranty that such description is updated, free from error and accurate at all times. Should the User receive the Goods that is fundamentally different from the Goods as described on the Platform and which the User has order, Clause 7 of this Terms of Sale shall then be applicable.

2.8 By purchasing the Goods on the Platform, the User warrants that:

1. a) the User is at least eighteen (18) years old and above; and
2. b) the User is legally capable of entering into an Agreement with WASTECH on the Platform.

2.9 Any typographical, other error and/or omission in any invoice or other document or information issued by WASTECH on the Platform shall be subjected to correction without any liability on the part of WASTECH.

3. ORDER PLACEMENT

3.1 The User shall purchase the Goods by placing an electronic order on the Platform.

3.2 The User shall be solely responsible for ensuring the accuracy of the order placement. All orders placed shall be subjected to WASTECH’s acceptance in its sole discretion. Each order accepted by the WASTECH shall be deemed to be irrevocable and unconditional upon transmission through the Platform. WASTECH shall be entitled to process such orders without further consent from the User. Nonetheless, the User may request to withdraw or modify the order which WASTECH shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.3 The order placement and Agreement shall be deemed completed after WASTECH accepts the electronic order from the User by issuing an order confirmation acknowledgement to the User through the Platform. WASTECH shall be entitled to reject or cancel any order without giving any reasons for the same to the User prior to the issuance of the order confirmation acknowledgement. WASTECH may require the User to furnish the contact and other verification information, including but not limited to, address and contact numbers prior to issuing an order confirmation acknowledgement.

3.4 No concluded Agreement may be modified or cancelled by the User except with prior written consent from the WASTECH and on strict terms that the User shall indemnify WASTECH and/or WASTECH in full against all loss including loss of profit, costs, damages, charges, and expenses incurred by WASTECH and/or WASTECH as a result of the modification or cancellation, as the case may be.

4. PRICE

4.1 The price of the Goods shall be the price stated and displayed on the Platform at the time which the User places and completes the electronic order form on the Platform. For the avoidance of doubt, the price shall also include any applicable sales and services tax, value added tax or any other similar tax which the User shall be liable to pay to WASTECH in addition to the price of the Goods, on behalf of the WASTECH.

4.2 Should there be any occurrence of mispricing of Goods on the Platform, WASTECH reserves the absolute right to terminate the Agreement with three (3) days’ notice to notify the User of such cancellation. WASTECH shall have the right to terminate the Agreement notwithstanding that the Goods have been dispatched, are in transit or that payment has been charged to the User.

5. PAYMENT TERM

5.1 The User shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When the User places an electronic order on the Platform, actual payment has been charged pursuant to the formation of the Agreement. All payments shall be made to WASTECH.

5.2 The User acknowledges that WASTECH has entered into agreements with several Online Payment Gateway Provider(s), for them to provide payment facilities and services for the Goods selling through the Platform. The User hereby agrees that all duties, obligations, responsibilities, and liabilities of WASTECH in any of such past, present, and future agreements (hereinafter collectively referred to as the “Payment Guidelines”) with the respective Online Payment Gateway Provider shall also apply equally to the User.

5.3 The terms and conditions applicable to each type of payment, as prescribed by WASTECH on the Platform, shall be applicable to the Agreement. The payment methods may also be subjected to the following terms and conditions:

1. Credit Card
   Credit card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. WASTECH accepts all MasterCard and Visa credit cards that is 3D Secure enabled. Kindly note that extra charges could be imposed if the User is using a non-Malaysian issued card due to foreign exchange rate.
2. Debit Card
   WASTECH accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
3. Online Banking
   By choosing this payment method, the User shall transfer the amount of the total purchase price of the Goods purchased by the User to WASTECH account (including any applicable taxes, fees, and shipping costs). The transaction must be payable in Ringgit Malaysia. WASTECH, in its sole discretion, may refuse this payment option service to anyone or any User without notice for any reason at any time.
4. eWallet
   WASTECH accepts eWallet payment which is a type of pre-paid account (strictly by eWallet provider approved by WASTECH only) to be used for future online transaction through a computer or smartphone on the Platform. In order for payment via eWallet to be successful, the User will be required to link the respective eWallet to the User’s respective bank account. WASTECH, in its sole discretion, may refuse this payment option service to anyone or any User without notice for any reason at any time.

5.4 The User shall not claim against WASTECH for any failure, disruption, or error in connection with the User’s chosen payment method. WASTECH reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without further reason or notice to the User.

5.5 Should the User fail to make any payment or payment is cancelled for any reasons whatsoever, without prejudice to any other right or remedy available to WASTECH, WASTECH shall be entitled to:

1. rescind the Agreement until payment is made in full; and/or
2. submit the User’s name whose the rental payment in relation to the rental Agreement which is in arrears of more than sixty (60) days, to the CRA (including but not limited for the purpose of highlighting the User’s trading profile).

5.6 The refunds of Goods shall be determined in accordance with WASTECH’s Return and Refund Policy (as further detailed under Clause 7 of this Terms of Sale). The User agrees that WASTECH reserves the right to change the terms and conditions of the Return and Refund Policy from time to time as it deems fit. WASTECH has no guarantee of any nature on the timeliness of the refunds as the processing of payment may take time and be subjected to the Online Payment Gateway Providers’ internal timeline.

5.7 All payments for the purchased Goods must be made to WASTECH using the payment methods made available on the Platform only. WASTECH shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Platform.

6. DELIVERY/PERFORMANCE

6.1 The User shall ensure the accuracy of the delivery address upon successful purchase of the Goods on the Platform.

6.2 WASTECH has the right at any time, to assign any or all of its obligations for the sale or delivery of the Goods to any other party from time to time, without giving notice of the same to the User.

6.3 Any stated delivery dates are approximate, and delays may occur. The time for delivery or performance shall not be of the essence. WASTECH shall not be liable for any delay in delivery or performance of the Goods howsoever caused.

6.4 If the User fails to receive the Goods within a reasonable time, the User may notify WASTECH via a written notice and be entitled to demand performance within a specified time, which shall not be less than fourteen (14) days, to which the following will occur:

1. The transfer of the physical possession of the Goods to the User shall be made by WASTECH at their sole costs and expenses. The risk of loss of the Goods shall pass to the User upon such delivery;
2. Any stated delivery dates are approximate until and unless fixed by both the WASTECH and the User. WASTECH shall not be liable for any losses, damages, penalties, and/or expenses for failure to meet such delivery date howsoever caused; and/or
3. Should there be any request on the relocation of the Goods, it is subject to the WASTECH’s sole discretion and availability of the coverage area in order to accommodate the User’s request for such relocation.

6.5 Where the Goods have been delivered to the User even after refunds have been claimed by the User pursuant to Clause 7 below, the User shall immediately notify WASTECH on the same. The property in the Goods shall not pass to the User and the User shall hold the Goods as WASTECH's fiduciary agent and bailee and shall keep the Goods separate from those of the User. WASTECH shall be entitled at any time to demand the User to deliver up the Goods to WASTECH’s designated spot. In the event of non-compliance, WASTECH reserves its right to take legal action against the User for the delivery of the Goods and further reserves its right to seek damages and all other costs including but not limited to legal fees against the User.

6.6 If the User fails to take delivery of the Goods (other than by reason of any cause beyond the User's reasonable control or by reason of WASTECH’s fault) then, without prejudice to any other right or remedy available to WASTECH, WASTECH may:

1. terminate the Agreement; and/or
2. claim damages.

7 .RETURN, REPLACEMENT OR REFUND

7.1 All Goods sold on the Platform is covered under WASTECH’s Return and Refund Policy. The User may initiate the return, replacement and/or refund process by communicating with WASTECH through the Platform. Please refer to the Return and Refund Policy on WASTECH’s website for further information or at this link

8 .RISK AND OWNERSHIP OF THE GOODS

8.1 The ownership in the Goods shall not pass to the User until WASTECH has received payment or cleared funds payment in full for the price of the Goods and all other Goods agreed to be sold by WASTECH to the User for which payment is then due.

8.2 Until such time as the ownership in the Goods passes to the User, the User shall hold the Goods as a fiduciary agent and bailee and shall keep the Goods separate from those of the User.

8.3 The User shall immediately notify WASTECH of any matter relating to the WASTECH’s title to the Goods as well as providing any information relating to the Goods as WASTECH may require from time to time.

8.4 The User shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods which remain the property of WASTECH. However, should the User do commit the foregoing prohibited actions, all moneys owing by the User to the WASTECH shall (without prejudice to any other right or remedy of WASTECH under this Agreement) forthwith become due and payable.

8.5 If the provisions in this Clause 8 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the User shall take all steps necessary to give effect to the same.

8.6 The User shall indemnify WASTECH against all loss, damages, costs, expenses and/or legal fees incurred by the User in connection with the assertion and enforcement of the WASTECH’s rights under this Clause 8.

9 .TERMINATION

9.1 Without prejudice to any other right of termination elsewhere in the Agreement, WASTECH may, stop any Goods in transit, suspend further deliveries to the User and/or terminate the Agreement with immediate effect by written notice to the User on or at any time after the occurrence of any of the following events:

1. the Goods being unavailable for any reason on the Platform; and/or
2. the Goods has been mispriced on the Platform.

10 .REPRESENTATIONS AND WARRANTIES

10.1 Subject as expressly provided in this Terms of Sale, all other warranties, terms, or conditions, including those implied by statute or common law, are excluded to the fullest extent permitted by applicable law.

10.2 The above warranty concerning the Goods is given subject to the following conditions:

1. 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.
2. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to WASTECH.
3. WASTECH 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. WASTECH is not liable for any such special or particular description which may have been provided by the WASTECH through the chat system. WASTECH does not give any warranty as to the quality, state, condition, or fitness of the Goods.
4. WASTECH shall be under no liability for the following measures and actions taken by the User for the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of the WASTECH and, addition and insertion of parts (in particular of spare parts which is not approved or recognized by the WASTECH).
5. WASTECH shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation, or commissioning by the User, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow the WASTECH’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the WASTECH’s approval.
6. The User herein agrees that any warranties provided by WASTECH to the User for the specific Goods bought shall be as set forth in the terms and conditions of the Agreement.
7. WASTECH is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without WASTECH’s prior written approval and the User shall fully indemnify WASTECH against each loss liability and cost arising out of such claims.

11 .EXCLUSION OF LIABILITY

11.1 In no event shall WASTECH be liable for loss of profit or goodwill, loss of production or revenue or any type of special, indirect, or consequential loss whatsoever (including loss or damage suffered by the User as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if WASTECH had been advised by the User of the possibility of incurring the same.

11.2 The cumulative maximum liability of WASTECH under or in connection with this Agreement irrespective of the basis of claim shall be limited in accordance with the provisions of this clause i.e. shall not exceed the sums that the User have paid to WASTECH under the Agreement.

11.3 No action shall be brought against WASTECH later than twelve (12) month(s) after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than twelve (12) month(s) after the end of the respective Agreement period.

12 .GENERAL PROVISIONS

12.1 Any notice required or permitted to be given by either party to the other under this Terms of Sale or the Agreement shall be in writing addressed, if to WASTECH, to its registered office or principal place of business and if to the User, to the address stipulated in the relevant order.

12.2 WASTECH shall not be held liable for non-performance, error, interruption, or delay in the performance of its obligations under this Agreement (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond WASTECH’s reasonable control.

12.3 The failure of any party to insist on the performance of any obligations hereunder shall not act as a waiver of such obligation. No waiver, modification, release, or amendment of any obligation under this Agreement shall be valid or effective unless in writing and signed by the parties hereto. Notwithstanding the foregoing, it is the intention of the parties that the Agreement shall supersede any other additional or different terms and conditions of any purchase order, confirmation, invoice, or similar document, even if accepted in writing by the parties, and that such waivers and amendments shall only be effective if it has been made by non-pre-printed Agreement clearly understood by the Parties to be an amendment or waiver.

12.4 The User must discharge all legal avenues against WASTECH should any dispute, controversy or claim arises out of or relates to the Agreement, or the breach, termination, or invalidity thereof, prior to bringing a claim against WASTECH.

12.5 This Agreement shall be governed by the laws of Malaysia and the User agrees to submit to the jurisdiction of the courts in Malaysia.

12.6 Any such actions brought against WASTECH for any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (“AIAC”). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the Parties.

12.7 The Terms of Sale as stipulated herein shall constitute the entire agreement between WASTECH and the User relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications, and agreements with respect to the subject matter hereof.

12.8 WASTECH reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under the Terms of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as WASTECH deems appropriate.

12.9 Any typographical, clerical, or other error or omission in any acceptance, invoice, or other document on WASTECH’s part shall be subject to correction without any liability on WASTECH’s part.

*This Terms of Sale is updated as at 20 April 2023