Aarykin Music Factory Retail Terms & Conditions
Terms & Conditions for Retail Sales
Price
1. All prices are in RM
and include SST, unless otherwise stated.
2. Unless otherwise agreed in writing, the price of the goods will be the
current price on the day of delivery of the goods.
3. Prices do not include delivery surcharges.
Payment
4. All goods must be paid
in full on collection, delivery, or installation. Payment must be made by cash,
approved cheque or credit card, or direct credit. Payment by cheque or direct
credit shall not be deemed to have been received until honored/cleared.
5. Interest may be charged on overdue accounts at such rate as Aarykin Music
Factory may determine from time to time.
6. If Aarykin Music Factory is required to undertake action for recovery of
outstanding debts, the Customer indemnifies Aarykin Music Factory against any
expenses, costs or disbursements incurred for such purpose, including legal
costs on a solicitor-client basis.
Special Orders/Acceptance of a Quote
7. Where a quotation is
given by Aarykin Music Factory for goods, unless otherwise agreed, the
quotation shall be valid for 30 days from the date of issue.
8. A deposit of up to 50% may be required to secure the equipment for the
quotation if that quotation is accepted by the Customer. The deposit amount to
be agreed and recorded with an authorised Aarykin Music Factory agent at the
time the quote is accepted by the Customer.
9. If the goods require special ordering, you will be advised and asked to
sign/authorise a “Customer Order Form”, and to provide a deposit of up to 50%.
10. The deposit may be non-refundable, please refer to our refunds and returns
policy.
Delivery
11. Aarykin Music Factory
shall deliver the goods to either the postal address or the business address
notified by the Customer.
12. Aarykin Music Factory shall deliver the goods by such carrier and in such
form of transport it considers appropriate.
13. If the Customer specifies the means of transport or the carrier, the
Customer shall bear the additional costs (if any).
14. Aarykin Music Factory will not be responsible for any consequential damages
arising directly or indirectly from late delivery or non-delivery.
15. Risk in the goods shall pass to the Customer at the time the goods are
received by the carrier to be delivered to the Customer.
Rental Instruments
16. The Customer is
responsible for any loss or damage to the Instrument during the rental term and
will indemnify Aarykin Music Factory for all repair and replacement costs.
17. In addition the Customer will indemnify Aarykin Music Factory for any loss
of revenue suffered due to the unavailability for hire and from and against all
claims in respect of any costs (including legal costs on a solicitor/client
basis), loss, damage, injury or liability arising from the hireage.
18. The Customer shall:
a. Maintain the Instrument in good repair, condition and working order;
b. Store the Instrument in its case (if any) or otherwise carefully store the
Instrument when the Instrument is not in use;
c. Return the Instrument in the condition it was in at the commencement date of
the hire term less fair wear and tear;
d. Bring the Instrument to and only to Aarykin Music Factory for servicing or
repair at the Customer’s own cost; and
e. With respect to late returns pay RM 50 per day for each day overdue.
19. The Customer shall not unless with Aarykin Music Factory’s written consent:
a. Modify the Instrument;
b. Take the Instrument outside Malaysia;
c. Assign the hire contract or part with possession of the Instrument.
20. The Customer may elect to purchase the Instrument during the rental
contract period. If the Customer elects to purchase during the rental period
then the Customer will receive a discount equal to the lesser of one of the
following; the monthly rental paid to date. Please note that a used instrument
gets only 50% of the applicable discount but new instruments get 100%. None of
these discounts apply to any special promotion price.
21. For the avoidance of doubt, the monthly rental referred to in clause 20
above does not include any insurance charges paid to Aarykin Music Factory.
22. Subject to clause 20 Aarykin Music Factory has the absolute discretion to
determine the price of the Instrument at the time the Customer elects the
option to purchase.
23. If the Customer fails to pay any money due or perform any obligations
during the hire term, Aarykin Music Factory may without any prior notice retake
possession of the Instrument. The Customer agrees that Aarykin Music Factory,
its agent and employees may enter onto any land where Aarykin Music Factory
believes the Instrument to be and retake possession of the Instrument.
24. The Customer agrees that no refunds are given by Aarykin Music Factory
following the early return of rental Instruments.
Refunds and Returns
25. Aarykin Music Factory
does not have to refund your payment if you have changed your mind, so please
choose your goods carefully.
26. If a Customer has made a payment in error, please contact Aarykin Music
Factory within 2 business days. Aarykin Music Factory will investigate the
claim within 5 business days of notification and refund any part of your
payment which in its sole discretion is found to be a genuine payment error.
27. The Customer shall notify Aarykin Music Factory prior to returning any
goods. Aarykin Music Factory reserves the right to determine whether it will
accept such return and on what terms.
28. Goods must be returned in its original condition and packaging.
29. No returned goods shall be accepted if the goods have been tampered with by
the Customer or the carrier.
Warranty and Consumer Guarantees
30. All new goods sold by Aarykin Music Factory are guaranteed for 3 months against manufacturing defects (subject to the limitations, terms and conditions contained in manufacturer’s warranty) from the date of purchase.
31. Aarykin Music Factory
offers a 30 days warranty from date of original purchase on secondhand or
pre-loved goods, excluding valves, speakers, meters, effects and cross faders.
32. All warranties extend to the original purchaser only and are not
transferable.
33. Proof of original purchase is required as a condition of warranty coverage.
Please retain your original invoice.
34. All warranty claims must be referred to Aarykin Music Factory. You are not authorized
to contact the manufacturer direct.
35. These warranties do not extend to normal wear and tear or damage caused by
abuse, misuse or negligence, tonal characteristics, strings, any modifications,
or damage in transit. Failure to comply with the maintenance instructions will
void the warranty. Aarykin Music Factory will endeavor to either repair or
replace the defective goods. If repair or replacement is not practicable, Aarykin
Music Factory will refund the purchase price.
36. The Customer shall be responsible for the costs associated with delivering
the goods to and from Aarykin Music Factory for repair or replacement purposes.
37. The Consumer Guarantees shall not apply where the goods are purchased for
business purpose. Where the goods are purchased for non business purposes, then
subject to these terms and conditions, Aarykin Music Factory will comply with
its obligations under the Act.
Liability
38. Where the Consumer
Guarantees and other statutes imply warranties or conditions or impose
obligations upon Aarykin Music Factory which cannot by law (or which can only
to a limited extent by law) be excluded or modified, then liability shall,
where it is allowed, be excluded or if not able to be excluded only apply to
the minimum extent required by the relevant statute.
39. Aarykin Music Factory will not be liable for any loss or damage of any kind
whatsoever arising from the supply of goods by Aarykin Music Factory to the
Customer, including consequential loss whether suffered or incurred by the
Customer or another person and whether in contract or tort (including
negligence) or otherwise.
40. The Customer shall indemnify Aarykin Music Factory against all claims and
loss of any kind whatsoever however caused or arising and without limiting the
generality of the foregoing of this clause whether caused or arising as a
result of the negligence of Aarykin Music Factory or otherwise, brought by any person
in connection with any matter, act, omission, or error by Aarykin Music
Factory’s agents or employees.
41. If contrary to the disclaimer of liability contained in these terms and
conditions of trade, Aarykin Music Factory is deemed to be liable to the
Customer, following and arising from the supply of goods by Aarykin Music
Factory to the Customer, and such liability is limited to maximum aggregate of RM
300.
Privacy
42. The Customer
authorises Aarykin Music Factory to collect, retain and use personal
information about the Customer (including any information collected in this
document) for the following purposes only (Please refer to Personal Data
Protection Policies):
a. Assessing the Customer’s creditworthiness;
b. Disclosing to a third party details of this application and any subsequent
dealings it may have with Aarykin Music Factory for the purpose of recovering
amounts payable by the Customer and providing credit reference;
c. Marketing goods and services supplied by Aarykin Music Factory or its selected
business partners.
43. Aarykin Music Factory shall immediately stop sending marketing materials to
the Customer should the Customer so request.
44. The Customer can assess and correct any information Aarykin Music Factory
holds about the Customer.
Security Interest
45. The Customer grants Aarykin
Music Factory a Security Interest in the goods supplied by Aarykin Music
Factory to secure payment of the purchase price of the goods and any other
obligations of the Customer to Aarykin Music Factory (whether under this
contract or otherwise).
46. The Customer shall, at its own expense, provide all reasonable assistance
and information to enable Aarykin Music Factory to register a Financing
Statement or Financing Change Statement and generally to obtain, maintain,
register and enforce Aarykin Music Fctory’s Security Interest in respect of the
goods supplied, in accordance with the Personal Property Securities
47. The Customer agrees
not to change its name until it has given Aarykin Music Factory10 business days
notice in advance.
48. Aarykin Music Factory may apply any payment received from the Customer to
all or part of the amount owing for any goods or services provided to the
Customer as Aarykin Music Factory sees fit, irrespective of whether that payment
is intended by the Customer to be for those particular goods or services or in
respect of a particular invoice.
49. Until the Customer has paid all money owing to Aarykin Music Factory, it
shall at all-time ensure that the goods supplied by Aarykin Music Factory,
while in the Customer’s possession, can be readily identified.
50. The Customer waives its right to receive a copy of any financing statement,
financing change statement or verification statement that is registered, issued
or received at any time pursuant to these terms of trade.
51. The Customer authorises Aarykin Music Factory to enter any premises and
repossess any goods that have not been paid for in full, but without prejudice
to any other rights of Aarykin Music Factory. Where the goods are retained by Aarykin
Music Factory you waive the right to receive notice.
General
52. Aarykin Music Factory
may from time to time and in its absolute discretion amend the terms and
conditions contained herein and such variation shall take immediate effect
without the Customer’s consent.
53. These terms and conditions are to be governed by the laws of Malaysia and the parties submit to the exclusive
jurisdiction of the Malaysia courts.
Definitions
54. “Goods” includes
without any limitation all musical instruments, accessories, goods, products or
advice provided in relation to the instruments, hiring and sale of musical
instruments, and all associated fees and charges.
55. Aarykin Music Factory includes references to “us” or “we” or “our”.
56. Customer includes references to “you” or “your” or “yours”.