Sales Terms & Conditions
Sales Terms & Conditions
(Revised on 4th February 2021)
1. All purchases are charged in Ringgit Malaysia (RM) as per the current pricing schedule.
2. Applicable taxes & duties will be charged extra.
3. The quoted price is valid for a purchased dose of radiopharmaceutical (the “Goods”) in mCi (±10%) at Purchaser’s door step or ex-factory as indicated in the quotation. The price does not include logistics and delivery charges to the designated address unless otherwise specified in the quotation.
4. Invoices will be sent to the purchaser after delivery.
5. Payments against supply during any month to be made latest by 15th of every next month.
6. Payments will be accepted by company cheques or Demand drafts or bank transfers only. Any transfer charges as applicable shall be borne by the Purchaser. In the case of payment with cheque or demand draft, they must be crossed A/C Payee and make payable to ‘Bio Molecular Industries Sdn Bhd.’.
7. All payments shall be submitted to Accounts Department, BIO MOLECULAR INDUSTRIES SDN. BHD., PT22 Persiaran Teknologi 1, Techpark @ Enstek, 71760 Bdr Enstek, Negeri Sembilan.
8. Interest @ 1.5% per month will be charged if invoices are not paid within the above time limit.
9. In the event Purchaser fails to timely pay invoice, Bio Molecular Industries Sdn. Bhd. (Seller) reserves the right, at its option and upon notification of the Purchaser, to: (i) refuse to provide any Goods to the Purchaser, (ii) provide Goods to the Purchaser only on a C.O.D. (cash on delivery) basis (iii) withhold further deliveries to Purchaser until all past invoices are paid, and/or (iv) make use of any other remedies legally available to It. It is considered a material breach of the agreement if the invoices are not paid within forty five – (45) days from the date of invoice. Seller has the right to seek legal action for any unpaid invoices. In addition to any amounts owed for services rendered, Purchaser shall also reimburse for any costs incurred in asserting its rights hereunder, including reasonable attorney’s fees.
10. Seller produces and supplies its Goods from Monday to Friday every week. Seller reserves the right to alter standard production days at its discretion.
11. Orders should be communicated in writing at least at 5pm of a working day before the delivery day. Any orders received later than this stipulated cut-off day cannot be guaranteed for delivery on the day requested.
12. Orders on non-production days is only accepted with prior agreement from the Seller.
13. Any change or cancellation of an order is only accepted in writing until the day before the production day. A fee up to the full payment (i.e. price of Goods, transportation cost and all other incidental costs) will be charged at Seller’s discretion for any change and cancellation made anytime till dispatch. Once the product leaves the Seller’s premises, a full payment will be incurred and no appeal will be entertained.
14. In the event Seller is unable to supply Purchaser’s required Goods due to production, delivery, Act of God, and/or unforeseen circumstances, Purchaser may purchase the Goods from a third party without any liability to Seller.
15. Seller delivers its Goods in a delivery case sealed with a cable as a mean to protect against tampering during transit. The Purchaser has the right to reject the parcel if this seal is broken.
16. Due to short half-life, our Goods may be delivered to Purchaser before being released for use by QA. The Purchaser hereby agrees not to consume the Goods until the Certificate of Analysis and Certificate of Conformity for the batch are received. In the event that Purchaser consumes the Goods prior to written notification from Seller, Seller shall not be liable for any special, indirect, incidental, consequential, punitive or other similar damages, including but not limited to damages arising from death, bodily injury, loss of profits or revenue, or loss of use of the Goods, notwithstanding.
17. Each delivery address shall be treated as a separate order.
18. Seller will make every reasonable effort to deliver the Goods as per agreed time. This policy does not apply during our scheduled down time, upon advanced notification of our machine and production failure to the purchaser or other conditions stipulated in the ‘Special Conditions’. Products may not be available on the gazetted public holidays in Malaysia.
19. Special Conditions:
– Production Failure:
If the manufacturer experiences an issue during production that does not allow completion and execution of Goods, Seller will notify puchaser in shortest possible due time. Cost of Goods and transportation will be waived.
20. When a Purchaser uses Seller’s Biodex delivery system (i.e. lead pot and delivery case), the purchaser will be charged a deposit of RM6000 per unit. The Purchaser shall be fully responsible and liable to
– return the Biodex delivery system to seller maximum 5 days after delivery of Goods to purchaser at the purchaser’s own cost,
– pay the Seller all costs and expenses incurred or may be incurred for any damage to the Goods or any part thereof including but not limited to packaging of the Goods (i.e.Biodex delivery system which consists of a lead pot and a delivery case) that is beyond normal wear and tear or loss of any component of the delivery system occurs.
21. The Purchaser is responsible for furnishing the approval from Ministry of Health and other regulatory bodies as applicable for the use of Isotopes at the Purchaser’s facility. A copy of this shall be faxed / mailed to the Seller before the first Goods can be supplied.
22. The Seller can alter these terms and conditions any time at the company discretion. The latest version of terms and conditions precedes all the earlier versions and takes immediate effect.