1. Price & Payment
- At Molicc’s sole discretion the Price shall be either as indicated on Shop Sale(s), Customer Quotation(s) Variations or added products & services provided by Molicc to the Customer in respect of Goods supplied.
- At Molicc’s sole discretion a non-refundable deposit may be required. Molicc Terms for Quotation Deposits
- 100% full payment on Supply Only Products to deliveries or pick-ups.
- Standard 50% deposit to all quotations to proceed with manufacturing & collection of Goods for quotation(s).
- 20% Deposits only apply to Residential projects over Rm 100,000.00 GST Included.
- 0% Deposit on Trade Accounts with 100% payment within 30 days of invoice(s).
- Molicc’s quoted Sale or Service Price which shall be binding upon Molicc provided that the Customer shall accept Molicc’s quotation for either; Installation Deposit Payment Approval, and final total contract sum paid in full within (7) days from invoice date. If payment terms are to be changed, pre-arranged & agreed between Molicc and the Customer in writing prior to any deliveries or Onsite Services only, otherwise the Customer agrees to the payment Terms of (7) days.
- Any quotation made by Molicc shall not be construed as an offer or obligation to sell and accordingly Molicc reserves the right to accept or reject at its discretion any orders which it may have received. All orders and/or acceptance of the quotation must be confirmed in writing and/or Deposit payment, prior to manufacture or onsite service commencing. Full contract payment delays may incur additional costs, subject to project agreements for payment.
- Molicc’s sole discretion
- Full payment shall be due prior to delivery of any Sale Goods; or
- For Onsite Services within (7) days of date of final invoice claim.
- Payment for approved Trade Account Customers shall be due maximum thirty (30) days following the end of the month in which a statement is emailed or posted to the Customer’s address or address for notices.
- Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then all final payment(s) shall be paid prior to or within seven (7) days following the date of the invoice.
- If payments have not been received & cleared into Molicc bank account after 7 days, the delayed amount will be charges a weekly percentage fee of 2.5% of the total outstanding money owed. If not paid after 90 days, the Customer will supply access for Molicc to retrieve goods not paid for. The Customer agrees with these terms & will face legal action & outlaid costs if failure to pay occurs. All Goods & Onsite Services are the property of Molicc until full settlement of total contract sum.
- Certification tags & certificates will not be issued until full contract payment is received.
- Payment will be made by either Internet Banking, cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to five percent (3.0%) of the Price), or by direct credit, or by any other payment method as agreed to between the Customer and Molicc.
- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
2. Delivery
- At Molicc’s sole discretion delivery of the Goods shall take place when:
- The Customer takes possession of the Goods at Molicc ‘s pick-up addresses; or
- The Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by Molicc or nominated carrier); or
- The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
- At Molicc’s sole discretion the costs of delivery are in addition to the Price and, where applicable, charged to the Customer’s total contract sum, quotation or account.
- The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Molicc shall be entitled to charge a reasonable fee for redelivery.
- Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
- Molicc may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
- The failure of MLFD/ Molicc to deliver shall not entitle either party to treat this contract as repudiated.
- Molicc shall not be liable for any loss or damage whatsoever due to failure by Molicc to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Molicc.
3. Care of Goods on site
- All Goods shall be stored in accordance with good trade practice, in a dry place, stacked flat, slightly raised from the ground and adequately protected from the weather and that no internal joinery or doors shall be installed in a building which has not adequately dried out.
- All joinery or doors supplied in the white shall be suitably primed without delay after receipt and all joinery supplied shall receive further coats of paint within a reasonable period and items supplied with a base coat of stain shall receive further coats as soon as possible.
- Any surfaces subsequently cut particularly that exposing end grain shall be brush coated with preservative and if required for paint finish shall also be primed before the joinery or doors are in a fixed position.
- All joinery and doors shall be installed correctly in accordance with good trade practices and adequately maintained in service.
- Paintwork or other protective surface finishes of external joinery shall be maintained in service and moisture shall not be allowed to penetrate into the timber.
- Veneered Goods must not be exposed to sunlight.
4. Risk and Ownership
- If you are buying as a business and not as a Consumer, risk in Products you have ordered will pass on delivery to any address for delivery nominated by you on ordering. Ownership will not pass to you until we have received payment in full of all amounts due and owing from you, the buyer, to us for the time being including any interest accruing and owing to us and in respect of all such Products or Services supplied by us to you at any time;
- In a case where we have agreed credit terms with you, and without prejudice to any other rights or remedies arising out of any breach of this agreement by you, the buyer, we shall be entitled to repossess all or any of the Products should we not have received payment in full of any invoice upon expiry of the date for which payment becomes due.
- Where the Customer expressly requests Molicc to leave Goods outside Molicc’s pick-up premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all.
- If any of the Goods are stolen, damaged or destroyed following delivery but prior to ownership passing to the Customer
- Where Molicc is delivering or/and installing the Goods to the Customer’s nominated address; the customer shall ensure that Molicc has clear and free access to the nominated address & door location(s) to enable them to deliver and/or installation of the Goods. Molicc shall not be liable for any loss or damage to the site (including, without limitation, damage to rendered, plasterboard, brick, block or other walls, pathways, driveways, carpet, polished & decretive floors, tile, concreted, paved or grassed areas).
- It shall be the Customer’s responsibility to ensure all details are correct on Molicc’s quotation prior to acceptance, Deposit of onsite services and/or orders to suit the requirements of the project. Any changes to fire rating protection levels, profiles, veneers, hardware and/or components are subject to variations, prepares a materials list or order (etc.) from specifications or information provided by the Customer, Molicc shall not be responsible, or liable, for its accuracy or completeness.
- The Customer acknowledges that all doors must be primed and double top coated in a light, reflective colour immediately upon installation. Dark external colours may damage the door under exposed weather conditions and dark colours are not recommended to theses sun exposed areas.
5. Defects
- The Customer shall inspect the Goods on delivery and/or Repair and/or Onsite Installation Service(s) within seven (7) days of delivery or Onsite Service (time being of the essence) notify Molicc of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
- Goods and/or Onsite Services will not be accepted for return other than in accordance with 5.1 above.
6. Warranty
- Molicc warrants that if any defect in any workmanship of Molicc becomes apparent and is reported to Molicc within twelve (12) months of the date of delivery or Installation/Onsite Service (time being of the essence) then Molicc will either (at Molicc ‘s sole discretion) replace or remedy the workmanship.
- The conditions applicable to the warranty give:
- The warranty shall only be applicable for fire door and flush door supplied and/or Installed by Molicc.
- The warranty shall exclude any:
- Door with a vision panel or air grill exceeding forty percent (40%) of the total surface area or more than fifty percent (50%) of door height.
- Door with height more than 2400mm and/or width more than 1200mm, which are known to exhibit problems with, bowing, twisting, and warping.
- Door where a vision panel or air grill is installed less than 150mm from any edge of the door.
- Door special custom manufactured to the Customer’s specifications; including, but not limited to, oversized doors.
- Door painted in a dark gloss or semi-gloss colour.
- The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- Failure on the part of the Customer (or Customer’s agent) to properly install the Goods (including, but not limited to, excessive trimming of a door exposing the internal core of the door, or water infiltration on doors not properly sealed on all surface).
- Failure on the part of the Customer to properly maintain the Goods (including, but not limited to, removal of accumulated debris and maintaining the door surface).
- Failure on the part of the Customer to follow any instructions or guidelines provided by Molicc.
- The misuse of the Goods (including, but not limited to, using a door on part of a building without providing adequate overhang – which depends on a typical weather conditions of the area where the door is to be used; but at the very minimum means an overhang projecting a distance from the structure equal to one half distance between the bottom of the door and the bottom of the overhang at the point which is the farthest from the door – or an appropriate finish colour.
- Slight expansion and contraction of the door, due to changes in temperature and humidity.
- Any use of any Goods otherwise than for any application specified on a quote or order form.
- The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.
- Fair wear and tear, any accident or act of God.
- The warranty shall cease and Molicc shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Molicc ‘s consent.
- In respect of all claims Molicc shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
- The 12 month warranty shall take effect from the date of the deliver/install.
- Only tested and approved fire door hardware and/or accessories to be installed to Molicc supplied doors, frames or other.
Certification Tag and Lampiran
- Certification tag(s) & Lampiran(s) will not be released until total agreed contract sum has been paid in full & cleared to Molicc bank account.
- Certification Compliance tags
- Tags will have the following information; manufacturer details, year of manufacturing, fire rate level & Certifier details.
- Tags issued with supply only sales & services will have all information entered onto each tag with the exception of the Certifier.
- If fire door products are installed not in accordance with manufactures instructions & Malaysian Standard 1073: Part 3:1996 (Amd. 1:2003), by way of;
- Excessive gaps between fire door & frame in the closed position, (Maximum gaps 3mm to both sides & head. Plus a maximum clearance of 10mm from floor to bottom of fire door!
- Frames not installed level, plumb & true
- Frame fixings are non-combustible plastic or non-specified fixing used.
- Fire Door Frames have not been completely backfilled with grout – By Others; Molicc does not provide this backfilling service.
- Untested & approved fire door hardware and/or accessories. Molicc recommends if Customers wanting to install fire doors, frames & hardware, if purchased elsewhere or through Molicc are to be installed to manufactures installation instructions. Any incorrect fitting of fire door frames, fire doors and approved hardware, will fail the fire door(s) and repairs or new door, frame or hardware may be required, pending if correctly functioning & fitting. If any items are proved to be installed not in accordance with Manufacturing & Malaysian Standard 1073: Part 3:1996 (Amd. 1:2003), the Certification & Warranty are void, until such time of corrections to achieve compliance.
- Any non-self-latching fire door locks or accessories to prevent self-closing & escape existing will be failed. These include; Dead-bolts, security chains, hold-open hooks or any non-tested & approve fire door hardware that stops the fire door(s) from self-closing will void any certification, liability & warranty.
- If any fire doors are certified without Molicc consent, then Molicc will terminate any warranty’s or guarantee warranty periods
- Molicc have the legal right to pursue action against any false certification from Customers or other parties to be issued Certification.
- If found that this occurs, all warranties & liabilities are void.
- Molicc will seek legal action if required for non-compliant fire door products & Onsite services signed off in our name (Molicc) as the certified.
- The tag(s) provides information & the Certifier box on each tag must have engraved company Name
- Molicc have the legal right to pursue action against any false certification from Customers or other parties to be issued Certification.
- Compliance fire door & frame tags, must be mechanically fixed to either the fire door and new frame – Only at such time that the fire door system is installed & correctly working within accordance with manufacturing instructions, BCA & Australian Standard 1905.1 – 2005 only!
- Any fire door frame(s) not backfilled or backfilled with another product other than Grout, cement, sand & cement or concrete must receive written approval by Molicc to use as backfill, will be failed & not certified by Molicc.
- This will also void the fire rating level & compliance.
- Molicc has the legal right to withhold certification tags and lampiran until such time of receiving bank cleared final total contract sum claim(s) with no money owed, and if any failed items are found, have been rectified in accordance with Malaysian Standards.
- If failed items are not rectified, no certification/tagging will be provided, until failed items are rectified or replaced in needed.
8. Confidentiality
Any transactions, letters, drawings, specifications technical information on prices whether written or verbal supplied by Molicc to the Customer shall be regarded by the Customer as confidential and will not be disclosed to others unless agreed in writing by the Molicc.