1.1 “CSA” means the company C.S.A Marketing (M) Sdn Bhd.
1.2 “Customer” means the person or legal entity identified in CSA’s Quotation or Invoice.
1.3 “CSA-branded” means Gate hardware products that are marked with the “CSA” brand, including all standard components thereof, BUT DOES NOT INCLUDE any of the following items:
1.3.1 accessories or parts added to the CSA-branded hardware products at Customer’s request;
1.3.2 accessories or parts that are not assembled in the CSA factory;
1.4 “Order Confirmation” means formal acknowledgement of Product ordered by Customer, sent by CSA.
1.5 “Price” means the price as per CSA Quotation and Order Confirmation and the latter shall have precedence.
1.6 “Product(s)” means the products as described in Order Confirmation and may include CSA-branded products, third party products and Service Offerings
1.7 “Service Offering (s)” means the different service options offered by CSA for the Products or any part of them and for varying periods, as described in CSA’s published literature, including but not limited to CSA’s Invoice and/or CSA’s Service Description.
1.8 “Third Party Products” means products other than CSA-branded.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the Customer’s order has been accepted by CSA. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.
2.3 Neither CSA’s acknowledgment of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
3. ORDERS, PRICE AND PAYMENT
3.1 Payment for the Products or services shall be made in full before physical delivery of Products or services.
3.2 Customer shall pay for all shipping and handling charges.
3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
3.4 Time for payment is of the essence. CSA reserves the right to charge interest at the rate of 15% per annum on sums overdue.
4.1 CSA shall deliver the Products to the place of delivery designated by Customer and agreed to by CSA (“Place of Delivery”). The Place of Delivery cannot be changed once the Customer order is confirmed by CSA.
4.2 CSA may, at its discretion, deliver the Products by installments in any sequence. Where the Products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by CSA in respect of any one or more installments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.
4.3 Any dates quoted by CSA for the delivery of the Products are approximate only and shall not form part of the Contract. CSA shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.
4.4 CSA may revise and/or discontinue products at any time without notice as part of CSA’s policy of on-going product up-date and revision. Revised or updated products will have the functionality and performance of the Products ordered. The Customer accepts that CSA’s policy may result in differences between the specification of products delivered to the Customer and the specification of Products ordered.
5. ACCEPTANCE OF PRODUCTS
5.1 Unless the Customer notifies CSA to the contrary on the day of delivery and such notification is confirmed in writing within two (2) days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract.
5.2 New CSA-branded Products purchased under these Terms and Conditions directly from CSA by an end-user Customer may be returned by Customer up to 14 days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with CSA’s “Refund And Cancellation Policy” in effect in the Location on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price.
5.3 Products returned under CSA’s “Refund And Cancellation Policy” must be received by CSA in as-new or as-shipped-by-CSA condition, including conformance to invoiced specification, and all of the other items included with a Product must be returned with it.
6.1 Unless specified otherwise, CSA warrants to the Customer that CSA-branded Products will from invoice date be free from defects in materials and workmanship affecting normal use for a period of one (1) year or such other period as may be set out in CSA’s invoice.
6.2 This Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by CSA, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; Products with missing or altered Service Tags or serial numbers; any attempt by any person other than CSA personnel or any person authorized by CSA, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by CSA.
6.3 The Warranty does not cover any items that are in one or more of the following categories: external devices; accessories or parts added to the Product after the Product is shipped from CSA; accessories or parts added to the Product other than CSA’s Factory Production; or accessories or parts that are not assembled by the CSA factory.
6.4 Subject to clause 9 below, during the Warranty period as the case may be and beginning on the invoice date, CSA will repair or replace CSA-branded Products returned to CSA’s facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. CSA will ship the repaired or replacement Products to Customer freight prepaid.
6.5 CSA does not give any warranty that the Products are fit for any particular purpose and this Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
6.6 The Customer agrees that, in relation to Third Party Products purchased through CSA, where such of the Products are covered by a relevant manufacturer’s warranty, then the Warranty shall not extend to such Products and such manufacturer’s warranty shall be the sole warranty in respect of such Products. The Customer shall utilize that warranty for the support of such Products and in any event not look to CSA but shall look to the relevant manufacturer for such warranty support.
7. SERVICE AND TECHNICAL SUPPORT
7.1 CSA will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect.
7.2 Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on CSA’s invoice, CSA will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between CSA and Customer (available upon request) in addition to the Warranty.
7.3 CSA may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. CSA has no obligation to provide service or support until CSA has received full payment for the Product or service for which service is requested.
8.1 CSA shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
8.2 To the extent permitted by law, CSA’s total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Products and/or services under the Contract.
8.3 The Customer shall indemnify CSA and keep CSA fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
8.4 To the extent permitted by law CSA and Customer agree that CSA will not be liable for Products not being available for use, or is lost, corrupted, or altered. Any service response times stated by CSA in service contracts are approximate only. CSA shall not be liable to the Customer for any a) incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business, f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Products or services, even if CSA has been advised of their possibility.
8.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by CSA shall be subject to correction without any liability on the part of CSA.
8.6 Where under any applicable law, implied conditions and warranties cannot be excluded, CSA’s liability for breach of such conditions and warranties shall be limited, at CSA’s option, to: (a) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; OR (b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
9. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
11.1 The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of CSA. Any such unauthorized assignment shall be deemed null and void.
11.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
11.3 No Waiver. No failure or delay on CSA’s part in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
12. DELIVERY TIME
12.1 Estimated order-delivery-cycle time: 7–12 working days (from the time CSA receives your order until delivery)
Working day 0 Order submitted to CSA for processing.
Working day 1 CSA receives your order.
Working day 2–3 CSA confirms your order details and payment, and downloads the order to our factory. Note that payment must be received before the order is confirmed, and installment payments may take at least one additional day for payment.
Working day 4–6 Products in production. Delays may occur at this stage if there are part shortages.
Working day 7–12 Products leaves the factory and is handed over to CSA’s logistic partner for delivery to your specific delivery address.
Working day 12–17 Extra time for delivery to East Malaysia.
13. POTENTIAL DELAYS
Please note that your order may be delayed due to the following reasons:
13.1 If payment is not approved.
13.2 If there are part shortages.
13.3 If you ordered multiple items and there is a delay on one of them, we may schedule multiple deliveries so you can enjoy a part of your purchase earlier.
13.4 Delivery to remote areas is subject to our logistic partner’s distribution network and delivery scheduling.
13.5 If you are not available at the time of attempted delivery, we will reschedule the delivery.
14. STANDARD DELIVERY
14.1 Delivery at any time between 9 a.m.–5 p.m., Monday to Friday, except on public holidays, per CSA’s standard terms and conditions.
14.2 Delivery appointment will be confirmed one or more days before the scheduled delivery time, and will be arranged after the Products leaves the factory.
14.3 Delivery time slots are subject to our logistics partner’s delivery scheduling. Delivery appointments will be arranged in three-hour blocks (For example, 9 a.m.–12 p.m., 2 p.m.–5 p.m., and so on).
15. WHAT IS NOT INCLUDED IN A STANDARD DELIVERY
15.1 Expedited delivery service
15.2 Delivery on weekends or public holidays
15.3 Pre-delivery call for CSA accessories and third-party products
15.4 Deferred or fixed delivery dates
15.5 Authority to pick up the order from the logistic partner or warehouse
16. TO CHECK ORDER STATUS
16.1 Call to check order status, toll free 1800-88-3839
16.2 Note: Delivery of goods is in accordance with CSA’s terms and conditions. Any dates quoted by CSA for the delivery of the products are approximate only and shall not form part of the contract. CSA shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
17. REFUND AND CANCELLATION POLICY
17.1 Before Delivery
17.1.1 CSA will, in its sole and absolute discretion, allow for the refund of any product booked online using our services WITHIN twenty-four (24) hours from the time of booking. An administration fee of RM100 (One Hundred Ringgit) shall be deducted from the purchase price.
17.1.2 Customers requesting a refund AFTER twenty-four (24) hours will be required to work directly with CSA sales representatives/agents for technical support or customer service. Sales representatives/agents may request a refund, on behalf of a customer, of any booking up to fourteen (14) days after the date of booking. Refund value shall be calculated based on material and labour cost incurred and it will be deducted from the purchase price.
17.1.3 If a customer requests a refund and the refund is approved by CSA, the money minus an Administration Fee of RM500 (Five Hundred Ringgit) for the requested transaction is refunded back to the customer, in part or whole. Multiple payment refund can be provided as long as they are within CSA’s Return Policy. A refund on any product will also result in cancellation (See Clause 21). Refunds will only be credited back to the account used to make the original purchase. If the original account has been closed, the purchase is not eligible for refund.
17.2 After Site Visit
17.2.1 CSA will, in its sole and absolute discretion, allow for the refund of any product purchased after site visit. An Administrative Fee of RM500 (Five Hundred Ringgit) plus any material and labour cost incurred shall be deducted from the purchase price prior to refund
17.3 After Delivery
17.3.1 When a product is returned, the customer generally receives a refund minus any fees incurred during the transactions. Pay-outs from that sale are debited back out of the corresponding agent and affiliate accounts. Due to the nature of CSA products, when a product is returned the customer retains the product for a period of time and, in many cases, the customer has received a benefit from the product prior to the return. In such cases, CSA reserves the right to issue a refund for less than the full purchase price.
18. THIRD PARTY PROMISES
18.1 Our sales representatives/agents are not permitted to make any guarantee that conflicts with our refund policy. If you find a product that sold through CSA with any warranty that conflicts with our refund policy, please bring it to our attention so that we may take corrective action.
19. REASONS WHY A PURCHASE MAY BE REFUNDED
19.1 CSA has every incentive to keep customers happy by providing quality products and services. To promote customer satisfaction, CSA reserves the right to reverse a sale, including but not limited to the following:
19.1.1 If the customer provides a valid reason for requesting a refund within thirty (30) days of purchase;
19.1.2 If the sales representatives/agents request a refund on the customer’s behalf within thirty (30) days of purchase and if our customer service team confirms there is a valid reason for the refund;
19.1.3 If the customer provides a valid report that the charge was fraudulent or unauthorized;
19.1.4 In order and comply with credit card industry rules, MOLPay terms of service, Malaysia laws, and requests from verified Malaysia judiciary or law enforcement agents; or
19.1.5 For any other reason CSA deems appropriate.
20. PAYMENT OF REFUND
20.1 All refund shall allow a minimum of thirty (30) days from the date of approval by CSA.
21. CSA’S CANCELLATION POLICY
21.1 A customer may cancel a product at any time. A cancellation means that no future payments are charged to the customer’s account. The cancellation of product does not generate a refund – it will only stop any future payment charges.
22. ABUSE OF THE REFUND POLICY
23. NOTE TO CSA CLIENTS
23.1 This CSA Online Store Terms and Conditions is part of, and incorporated within, the CSA Client Contract. As a condition of registering with CSA and using the CSA Services, you expressly acknowledge that you have read and understand this Return and Cancellation Policy and you agree to be bound by its terms and conditions. If at any time you disagree with this CSA Online Store Terms and Conditions or any part of it, your sole remedy is to cease all use of the CSA Services and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this CSA Online Store Terms and Conditions.