General Terms & Conditions
1. Hybrid Pools shall mean Hybrid Pools Sdn Bhd and the Customer herein shall mean the customer that seek Hybrid Pools’s services and specified in the Hybrid Pools Contracts and Quotations respectively.
2. Unless agreed otherwise in the Hybrid Pools Quotations and/or Contracts mutually executed by both parties based on Hybrid Pools Standard Agreement/Quotation/Contracts, the terms herein shall form the contract between the parties and continue to bind the Customer herein. The Contract and the Quotation shall form the principal agreement between the parties and supersede all representations before and all the Customer’s letter of award, contracts and purchaser orders. The terms herein shall take precedence and shall supersede all the Customers’ Purchase Orders, Letter of Awards and any other contracts retrospectively and prospectively. In the event of any inconsistency, the Hybrid Pools Quotations, contracts and the terms and conditions herein shall take precedent.
3. All quotations provided by Hybrid Pools and all orders for products and services by Hybrid Pools to the Customer are subjected to the terms and conditions herein, the Warranty General Conditions and the Contract. No other terms shall be applicable or binds Hybrid Pools unless agreed in Writing by the director of Hybrid Pools and expressly exclude any amendment unless it is made in writing and make specific reference to the relevant provisions herein.
4. All descriptions of the products and services are approximate only and shall not from any part of the contract between Hybrid Pools and the Customer. Hybrid Pools shall not be liable to the Customer for any errors, exaggeration, misrepresentation or omissions in the catalogue and booklets by the Manufacturer/Supplier which shall not form part of the contract between the parties herein. There may be discrepancy of colour, workmanship and quality on the products and services from batch to batch and from time to time which the Customer hereby unequivocally acknowledge and accept such discrepancy.
5. Any advertisement of products and services by Hybrid Pools is not an offer capable of acceptance, it merely constitutes an invitation to treat by Hybrid Pools for the Customer to make an offer to purchase the products and services.
6. Unless otherwise stated, Hybrid Pools may source any spare part or a portion of the goods in similar functionality should the goods are superseded, rare, fluctuate in price more than 15% in value or unavailable during the contract period in West Malaysia. All goods sold are not refundable. All amount herein are subjected to government tax, levy and duties currently in force and shall be paid by the Customer on top of the Contract Sum.
7. Hybrid Pools reserves the right to change the prices without prior notice at any time before the Contract is firmed. The prices displayed are valid for 1 month and in the event of fluctuation of price of materials above 50% as a result of conversion rate or material shortage etc during the contract period, both parties agreed to renegotiate the pricing accordingly within 2 weeks and should both parties failed to achieve consensus, both parties agree to terminate this Agreement or any part thereof and relieve Hybrid Pools from any liability.
8. Hybrid Pools reserves the right to decline to trade with any company or person without assigning any reason whatsoever. In addition, Hybrid Pools may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or electronic communication within a reasonable period of receipt by Hybrid Pools of the order without assigning any reason whatsoever. If the orders cannot be fulfilled completely for whatsoever reason within the Contract period, the Customer may either accept partial orders and pay the same thereby concluding the contract between the parties OR await for the available stock thereby extending the time frame without liability to Hybrid Pools’s delivery.
9. Hybrid Pools will deliver the goods and products in accordance with the Customer’s orders at the Customer’s address at the price set out in the Quotation and/or Contract provided that the payment terms and delivery date(s) are agreed upon. Delivery charges may apply and the times and dates of delivery quoted by Hybrid Pools or by Hybrid Pools employees are approximate only and Hybrid Pools shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. The Customer agrees that the delivery of products marked in the catalogue as requiring Special handling may (because of the nature of the products) take time after acceptance of the Customer’s order. The Customer shall ensure the Customer’s representatives are available to accept the goods and products delivered and any shortage of quantity shall be notified to Hybrid Pools within 3 days from the date of delivery and any dispute on the goods and products other than the quantity shall be within 15 days from the date of delivery.
10. The Customer shall within the time specified herein above, provide notice of the complaints giving notice in detail of:
- Any defects on the goods apparent on reasonable inspection, Hybrid Pools shall, at Hybrid Pools discretion, replace the goods or refund the purchase price of the damaged goods. In the event that the defects are substantive on majority of the goods, the Customer must signify its rejections and deliver the goods back to Hybrid Pools for replacement or refund of the purchase price failing which the Customer is deemed to have accepted the goods and services AND shall pay the price of such goods and services.
- Any shortfall in the goods so delivered. In this case Hybrid Pools shall, at its discretion, deliver the undelivered goods within 2 weeks or refund the price of the undelivered goods.
- Any delivered of products not in accordance with the Quotation or order In this case Hybrid Pools shall, at Hybrid Pools’s discretion, replace the products or refund the purchase price.
- Any non-delivery of the goods, in this case the Customer shall allow Hybrid Pools to deliver the undelivered products within 2 weeks upon notification by the Customer or refund the price of the undelivered products.
- Any shortfall shall be notified in writing to Hybrid Pools within 3 days from the date of delivery, any discrepancy or dispute on the quality shall be notified in writing to Hybrid Pools within 15 days from the date of delivery, any discrepancy or dispute on the price and amount shall be notified in writing to Hybrid Pools within 7 days from the date of the Invoice, failing which the Customer shall deemed to have accept the same as valid and conclusive.
This returns policy excludes software, intangible products, calibrated products, production packaging products, non- catalogue products, electronic records, customized goods and specially manufactured products. Hybrid Pools accepts no responsibility for any loss of or damage to goods in transit from Customer to Hybrid Pools or any items received by Hybrid Pools from the Customer.
11. Upon expiry of the reasonable time as stated above, the goods delivered, shall be conclusively presumed to be, in all respects, in accordance with the Quotation and Order and the Customer shall be deemed to have accepted the products accordingly. Hybrid Pools’s record of the goods delivered shall be conclusive evidence of the goods received by the Customer, unless the Customer prove that there are criminal breach of trust by the acceptance and delivery personnel.
12. Hybrid Pools shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, lost of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
13. Unless otherwise agreed upon on the credit terms, all payments shall be made by the Customer within 7 days fro13. Unless otherwise agreed upon on the credit terms, all payments shall be made by the Customer within 7 days from the date of Hybrid Pools invoice. Any late payment or non-payment, Hybrid Pools is entitled to interest at the rate of 1.5% per month on daily basis from the date of Hybrid Pools Invoice. The Customer agrees that all payments to Hybrid Pools are not subjected to any set-off, deduction, lien or counterclaim.m the date of Hybrid Pools invoice. Any late payment or non-payment, Hybrid Pools is entitled to interest at the rate of 1.5% per month on daily basis from the date of Hybrid Pools Invoice. The Customer agrees that all payments to Hybrid Pools are not subjected to any set-off, deduction, lien or counterclaim.
14. It is further agreed that Hybrid Pools are not liable to perform any works, rectify any defects or non- compliance, and all warranties shall be terminated unless and until the Customer pay all outstanding in full with interest to Hybrid Pools. In the event that the Customer make payment late, Hybrid Pools shall not be liable to any LAD, incidental and consequential damages but the Customer shall further compensate Hybrid Pools on the loss of time, mobilization and demobilization costs, goods damaged and stolen together with labour costs at RM800 per day (for construction and refurbishment of Pools only).
15. The Customer further agrees that demand for or recovery of the products by Hybrid Pools shall not by itself discharge the Customer’s liability to pay the full price and take delivery of the goods or Hybrid Pools’s right to sue for the full contract price.
16. For construction and refurbishment of pools on design and build basis, Hybrid Pools reserves the right, without prior notice, to discontinue the use of any product or to make design changes as part of its continuous programme to comply with authority requirement, site requirement and/or as may be approved by the necessary parties other than the Customer. Unless otherwise confirmed, nothing in any Hybrid Pools or its supplier/manufacturer’s catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
17. All warranty shall be subjected to the Hybrid Pools Warranty General Conditions and for a period as may be stated therein. Hybrid Pools may refuse any return of goods by the Customer that are custom made and for all returned goods accepted by Hybrid Pools after refund to the Customer shall be deemed to belong to Hybrid Pools.
18. In the event of insurance claim based on the Customer’s insurance, whether it is public liability insurance or otherwise, the Customer shall notify Hybrid Pools and submit Hybrid Pools’s claims for insurance claims. Any failure to do so and Hybrid Pools may make the necessary claims against the necessary parties and the Customer shall deem to waive all rights to claim against Hybrid Pools.
19. Save as expressly provided in these General Terms and Conditions, Warranty General Conditions and the Contract, the Customer agreed that there is no representation, implied warranties, industrial practice, term and conditions (whether statutory or otherwise) concerning the supply or non- supply of the goods and/ or service by Hybrid Pools or its representatives. The Customer further agrees to exclude to be fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, merchantable quality, fitness for purpose and provision or services with reasonable care and skill) against Hybrid Pools. Hybrid Pools shall not be liable to the Customer for any loss, damage or liability of any kind whatsoever.
20. The system goods or products sold by Hybrid Pools are not recommended or authorized for use in application in which the Customer knows or ought to know that a failure of a single component could cause substantial harm to persons or property.
21. Hybrid Pools is release from any liability under the law, contract and tort for any and all damage, losses (whether direct, indirect, incidental or consequential) under the Quotation, Contract and under any contract documents of the Customer. The Customer shall indemnify and keep Hybrid Pools indemnified against all claims and demands. It is agreed that any claim whatsoever by the Customer against Hybrid Pools and its representatives or employees shall be limited to the total value of the related order/Contract Sum only.
22. The Customer shall not be entitled to wrongfully terminate or unilaterally cancel the Quotation and Contract whether by way of change of management or taken over by its successors in title, management corporation, JMB, assignees and/or under receivership. Any wrongful termination or unilateral cancellation (of Pool Refurbishment or Construction of Pool Agreement) after the commencement date and the Customer shall pay 40% of the contract value to Hybrid Pools AND all previous payment and downpayment shall be forfeited accordingly. Any premature termination of the Pool Maintenance Agreement by the Customer and the Customer shall pay the unexpired terms to Hybrid Pools AND all previous payment and downpayment shall be forfeited accordingly. Any statement of indebtedness duly signed by Hybrid Pools shall deem to be the conclusive evidence of the indebtedness by the Customer wherein the Customer waive all rights to dispute such amount outstanding.
23. Any installation and repair services by Hybrid Pools may have turnaround time target for these services, but Hybrid Pools shall under no liability if it fails to comply with such target. Any installation and repair services are subjected to the availability of parts and is only available subject to full payment of all outstandings.
24. Any delay or event beyond the reasonable control of Hybrid Pools (including orders by the authorities, pandemic, epidemic, strikes, traffic congestion, the downtime of any external line, movement control, declaration of emergency or that Hybrid Pools is inability to procure services, materials or articles required for the performance of the contract (except at enhanced prices and subject to the Customer’s full payment of all outstanding). If Hybrid Pools is prevented or restricted from carrying out all or any of its obligations under the Contract as stated herein in this clause, then Hybrid Pools shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay, LAD and / or failure in the performance of its obligations during such period. If these events continue for a period longer than 14 days, Hybrid Pools may cancel the affected Quotation and/or Contract, order or cancel the whole or any part of the services and goods, without any liability to the Customer to which the Customer shall accept accordingly without any right to claim against Hybrid Pools.
25. Anti-Bribery
The Customer shall comply with all applicable laws, statutes, regulations relating to anti-bribery and anti- corruption, including, but not limited to, the Anti Corruption Act and Bribery Laws. The Customer is informed that Hybrid Pools employees are not permitted to accept or offer gift to any company or individual that does business with Hybrid Pools or seeks to do so. Any breach of this clause by the Customer shall be a material breach of this agreement which is incapable of remedy by the Customer and shall be treated as wrongful termination by the Customer.
26. Data Protection and Customer Information
- Hybrid Pools Sdn Bhd [email protected]
The Contract between Hybrid Pools and the Customer shall be based on the laws in West Malaysia and the jurisdiction of the Court shall be the Courts of Malaya at Kuala Lumpur, however, Hybrid Pools may enforce or execute the Court the contract in any court of competent jurisdiction.
Any acquiescence by Hybrid Pools under any circumstances shall not be deemed to be waiver to any of the Hybrid Pools’s rights.