MERCK SDN BHD
General Conditions of Sales & Delivery

1. ACCEPTANCE OF ORDERS
1. Merck reserves the right to accept or reject any order of goods
2. Discontinued or deleted from the range items will be cancelled automatically without obligation of fulfillment or replacement
3. Original purchase order is not required except for purchase of Posion Items marked as 'P' in quotation under Poison ID; in accordance with Poison Act 1952, as mentioned in clause 7 below
4. Cancellation of order is not entertained once order is confirmed
5. Customer shall be responsible for wrong order(s) made
6. Every Purchase Order must:
1. indicate Merck's quotation reference
2. specify a requested delivery date which is (or delivery dates the latest of which is) the delivery date stated in the Quotation to which the Purchase Order relates or, where no delivery date is so stated, a date not later than the last day of the calendar year in which the Purchase Order is issued subject to such lead time as Merck may require, and subject to clause 4(i) below.
7. No Purchase Order shall be deemed accepted by Merck unless and until confirmed in writing by Merck, and every such confirmation is given on the basis that delivery of Products shall be subject to the availability of stocks.
8. Customers are solely responsible for ensuring the accuracy of the terms of any Purchase Order (including any applicable specifications)
2. QUOTATION, PRICES/PRICE CHANGE & OTHERS
1. Prices quoted are recommended prices
2. Prices may be subject to change without notice
3. Trading currency is in Malaysian Ringgit unless stated in the agreement
4. The prices of Products are as stated in the Quotation relating to those Products. Prices of Products quoted are ex-works Merck's premises in Malaysia and exclude the cost of special packing, pallets and returnable containers, all additional services such as labeling, binnng or racking at Customer's premises and all duties (eg customs duties), levies, rates, dues, charges or taxes arising in connection with the Products, goods and services and other similar taxes, all which shall be borne by Customer. Prices quoted are also subject to the delivery charges
5. Prices quoted exclude installation, testing, commissioning, all certification, all third party testing, piping & plumbing works unless otherwise stated. Exclude all coring, penetrating, drilling, sealing, civil, mechanical & electrical works unless otherwise stated.
6. Buyer shall provide Merck at no cost all utility services required such as water supply, drain point & power supply and when necessary, special handling equipment for installation
7. Merck shall not be liable for delays not due to its products
8. Replacement of expendables may vary with feed water, usage and other factors. Buyer shall be responsible for maintenance and replacement of parts after shipment from Merck
9. System warranty is 12 months against manufacturer's defects from date of shipping from Merck. Warranty does not cover damages due to poor maintenance and operation practices
10. Commissioning of system excludes sending samples to accredited laboratories
11. Poison ID symbols & Status symbols stated in quotation represent as follows:-
1. P = Poison items
2. H = Hazardous
3. INDENT ORDERS
1. Ex-stock items are subjected to prior sales and applicable for Merck's end user customers
2. Mode of transportation and lead time of indent for non stock items are subject to stock availability and acceptance by carriers availability. Lead time reflected on quotation is applicable for deliveries within central only. Add 7 working days for rest of Peninsula Malaysia. Add 21 working days for East Malaysia.
3. Special delivery for non ex-stock item is available; subject to acceptance by airlines at your expense. DG surcharge is applicable to East Malaysia. The minimum charge ( DG Surcharge + Freight Charges) of RM 750.00 per consignment if total gross weight <16kgs. RM 15 per kg will be applied if the total gross weight >17kgs onwards (subject to change without prior notice)
4. DELIVERY
1. Merck shall deliver the goods to the place designated by Customer and agreed by Merck
2. The delivery time schedule may be subject to change and shall be non-binding
3. Mode of transportation and choice of carrier will be at the discretion of Merck
4. Delivery of goods to residential address is prohibited
5. Minimum nett sales value of RM300.00 per purchase order, otherwise a delivery fee of RM48.00 will be charged
6. Cold chain (Dry Ice) charges of RM48 per purchase order applies
7. Applicable to East Malaysia only:
1. Courier Service on dangerous goods (DG) item is available The minimum charge ( DG Surcharge + Freight Charges) of RM 750.00  per consignment if total gross weight  <16kgs. RM 15 per kg will be applied if the total gross weight >17kgs onwards (subject to change without prior notice)
8. Any dates quoted by Merck or specified in any Purchase Order for delivery of the Products are estimates only, notwithstanding that an Order Acknowledgment has been given, and Merck shall not be liable if the Products are not delivered on or by those dates for any reason whatsoever. The Products may be delivered in advance of the delivery date quoted by Merck or specified in the Purchase Order upon notice to Customer
9. Purchase Orders which are placed without planned delivery dates are subject to the risk of stock not being available or longer lead times than normal, notwithstanding that an Order Acknowledgement has been given. In such event, Merck shall not be liable in any manner for any loss or damage suffered by the Customer as a result of an out-of-stock situation or any delays. Where a Purchase Order is issued without a specified delivery date, the date for delivery must be no later than the last day of the calendar year in which the Purchase Order is issued, subject to such lead time as Merck may require
10. Labor charges may be applied on special request for delivery above Ground Floor that required additional manpower or equipment handling
5. RETURN OF GOODS
   No return of Product may be made unless there is a failure to correspond with specifications and such failure is notified to Merck within 7 days from the date of delivery (whether or not delivery was accepted and whether or not the Products were inspected). If delivery is not refused and Customer does not notify Merck accordingly, Customer shall not be entitled to reject the Products and Customer shall be bound to pay the price as if the Products had been delivered in accordance with the Contract
6. PAYMENT
1. Payment should be made in FULL before indent for non ex-stock items and release of goods. Cheque should be made payable to Merck Sdn Bhd OR bank into our account:
1. Deutsche Bank (Preference bank)
   Level 20, Menara IMC
   8, Jalan Sultan Ismail
   50250 Kuala Lumpur
   Account No: 0002923000
   
   
2. CIMB Bank Berhad
   Section 52, Petaling Jaya
   27, Jalan 52/2
   46200 Petaling Jaya, Selangor
   Account No: 800 229 5671
   
   and fax bank in slip to 03-7491 0850/7491 0860
Payment by credit card Payment made is not refundable

7. REGULATORY AFFAIRS
1. In accordance with Poison Act 1952: For POISON items (marked with P in quotation under Poison ID), please supply original purchase order duly signed by Purchaser, name of signatory and with original company stamp BEFORE or WITHIN 7 days upon receiving the POISON stock(s). All original purchase order must indicate the purpose of usage for each poison item
OR
2. Please sign on the POISON SIGNED ORDER document with THE PURPOSE OF USAGE OF EACH POISON ITEM, NAME OF PURCHASER, ORIGINAL SIGNATURE AND COMPANY STAMP. Document is to be returned to us BEFORE or within 7 days upon receiving stock(s). You may request from our customer service a copy of the Poison Sign Order or download at  www.merckecomm.com.my