INTRODUCTION
Welcome to onebiz.com.my website (the ''Site''). These terms and conditions ("Terms and Conditions") apply to the Site, ONE BIZ ONLINE SDN BHD (1141192-M) and all its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. ONE BIZ ONLINE SDN BHD, a company in Malaysia under registration number 1141192-M and having its registered address at 77-G, Jalan Dwitasik 1, Dataran Dwitasik, Bandar Sri Permaisuri, 56000 Kuala Lumpur, Malaysia.
By accessing this Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order can't be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or ban account charged.
GOODS AND SERVICES TAX
Goods and Services Tax ("GST") is not charged on user who shopped with the Site.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the website which include website design, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All right are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agree to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms and conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysia Law. The arbitrator shall be a person who is legally trained and who has experience in the Information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in additions to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such as suspension or termination. If you are dissatisfied with the Site or with any term, conditions, rules, policies, guideline, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1. INTERPRETATION
1.1 In these Conditions:
''Buyer'' means the person who accepts a quotation of ONE BIZ ONLINE SDN BHD for the supply of Goods or who otherwise enters into a contract for the supply of Goods with ONE BIZ ONLINE SDN BHD;
''Conditions'' mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writting between the Buyer and ONE BIZ ONLINE SDN BHD;
''Contract'' means the contract for the purchase and sale of Goods, howsoever formed or concluded;
''Goods'' means the goods (including and installment of the goods or any parts for them) which ONE BIZ ONLINE SDN BHD is to supply in accordance with a Contract;
''Writing'' includes electronic mail facsimile transmission and any comparable means of communication.
''ONEBIZ ONLINE STORE'' means ONE BIZ ONLINE SDN BHD, a company incorporated in Malaysia under registration number 1141192-M and having its registered address at 77-G, Jalan Dwitasik 1, Bandar Sri Permaisuri, 56000 Kuala Lumpur, Malaysia.
1.2 Any reference in these Conditions to any provision of a statue shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties
2. BASIS OF THE CONTRACT
2.1 The supply of Goods by ONE BIZ ONLINE STORE to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in the Site connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract, Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and ONE BIZ ONLINE STORE
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by ONE BIZ in Site shall be subject to correction without any liability on the part of ONE BIZ ONLINE STORE
2.5 ONE BIZ ONLINE STORE may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document
3. ORDERS AND SPECIFICATIONS
3.1 Order acceptance and completion of the contract between the Buyer and ONE BIZ ONLINE STORE will only be completed upon ONE BIZ ONLINE STORE issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, ONE BIZ ONLINE STORE shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. ONE BIZ ONLINE STORE shall furthermore be entitled to require the Buyer to furnish ONE BIZ ONLINE STORE with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of ONE BIZ ONLINE STORE and on terms that the buyer shall indemnify ONE BIZ ONLINE STORE in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses occurred by ONE BIZ ONLINE STORE as a result of the modification or cancellation, as the case may be.
4. PRICE
The price stated in Site at the time which the Buyer makes its offer purchase to ONE BIZ ONLINE STORE. The price exclude the cost of delivery charges which Buyer shall be liable to pay ONE BIZ ONLINE STORE in addtion to the price.
5. TERMS OF PAYMENTS
5.1 The buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Site. The Terms and Conditions applicable to each type of payment, as contained in Site, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in Site, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. ONE BIZ ONLINE STORE accepts all Visa and MasterCard, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry - leading encryption standards. Please take note that addtional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Card
ONE BIZ ONLINE STORE accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to ONE BIZ ONLINE SDN BHD for the total amount of the Buyer's purchase (including shipping costs). The transaction must be payable in Ringgit Malaysia. ONE BIZ ONLINE STORE, in its sole discretion, may refuse this payment option service to anyone or any user without notice at any reason at any time.
ii. For the time being, ONE BIZ ONLINE STORE accepts bank transfer from AmBank, Bank Islam, CIMB Bank, Hong Leong Bank, Maybank, Public Bank, RHB, AffinBank, Alliance Bank, UOB & Bank Rakyat.
5.2.4 Cash on Delivery
Cash on Delivery (Pay cash upon delivery) is available ONLY at Bandar Sri Permaisuri, Kuala Lumpur. ONE BIZ ONLINE STORE reserves the right to schedule the pick up time for Buyer.
5.3 If the Buyer fails to make any payment pursuant to the Terms and Conditions of the payment method selected, then without prejudice to any other right or remedy available to ONE BIZ ONLINE STORE, ONE BIZ ONLINE STORE shall be entitled to:
5.3.1 Cancel the Contract or suspend deliveries of the Goods until payment is made in full.
6. DELIVERY/PERFORMANCE
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 ONE BIZ ONLINE STORE has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and ONE BIZ ONLINE STORE shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If ONE BIZ ONLINE STORE has failed to deliver the Goods in accordance with the Contract or within reasonable time, the Buyer shall be entitled, by serving written notice on ONE BIZ ONLINE STORE to demand performance within a specified time thereafter, which shall be at least 14 days. If ONE BIZ ONLINE STORE fails to do so within the specified time, the Buyer shall be entitled to terminate the Contracting respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of ONE BIZ ONLINE STORE's non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of ONE BIZ ONLINE STORE's fault) then without prejudice to any other right or remedy available to ONE BIZ ONLINE STORE, ONE BIZ ONLINE STORE may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. RISK AND PROPERTY OF THE GOODS
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when ONE BIZ ONLINE STORE has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property i the Goods shall not pass to the Buyer until ONE BIZ ONLINE STORE has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sol by ONE BIZ ONLINE STORE to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as ONE BIZ ONLINE STORE's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyers.
7.4 The Buyer agrees with ONE BIZ ONLINE STORE that the Buyer shall immediately notify ONE BIZ ONLINE STORE of any matter from tie to time affecting ONE BIZ ONLINE STORE's title to the Goods and the Buyer shall provide ONE BIZ ONLINE STORE with any information relating to the Goods as ONE BIZ ONLINE STORE may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) ONE BIZ ONLINE STORE shall be entitled at any time to demand the Buyer to deliver up the Goods to ONE BIZ ONLINE STORE and in the event of non-compliance ONE BIZ ONLINE STORE reserves it's right to take legal actions against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in anyway charge by way of security for any indebtedness any of the Goods which remain the property of ONE BIZ ONLINE STORE but if the Buyer does so all moneys owing by the Buyer to ONE BIZ ONLINE STORE shall (without prejudice to any other right or remedy of ONE BIZ ONLINE STORE) forthwith become due and payable.
7.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.8 The Buyer shall indemnify ONE BIZ ONLINE STORE against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of ONE BIZ ONLINE STORE's rights under this conditions.
8. WARRANTIES AND REMEDIES
8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, ONE BIZ ONLINE STORE warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 1, 3, 6, 12, 24 months (by selected items) & 1 week warranty for Clearance Stock & Auction Item commencing from the date on which the Goods are delivered or deemed to delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), ONE BIZ ONLINE STORE further gives to the Buyer such implied warranties as cannot be excluded by law.
8.2.1 ONE BIZ ONLINE STORE's above warranty concerning the Goods is given subject to the following conditions:
(a) No condition is mad or to be implied nor is any warranty given or to be implied as the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to ONE BIZ ONLINE STORE.
(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
(c) ONE BIZ ONLINE STORE binds itself to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of ONE BIZ ONLINE STORE opinion in that behalf. ONE BIZ ONLINE STORE does not give any warranty as to the quality state condition or fitness of the Goods.
(d) ONE BIZ ONLINE STORE shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of ONE BIZ ONLINE STORE, addition and insertion of parts, in particular of spare parts which do not come from ONE BIZ ONLINE STORE.
(e) ONE BIZ ONLINE STORE shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear, and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences failure to follow ONE BIZ ONLINE's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without ONE BIZ's approval.
(f) ONE BIZ is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without ONE BIZ ONLINE STORE's prior written approval and the Buyer shall indemnify ONE BIZ ONLINE STORE against each loss liability and cost arising out of such claims.
(g) ONE BIZ shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to ONE BIZ ONLINE STORE within seven days from the date of receipt of the Goods (where defect or failure was not apparent on reasonable inspection) within a reasonable time after discover of the defect or failure,. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. ONE BIZ ONLINE STORE shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure except where the failure is such that the Goods delivered are of a fundamentally different nature than those which ONE BIZ ONLINE STORE has contracted to deliver.
8.2.3 If the Buyer does not give due notification to ONE BIZ ONLINE STORE in accordance with the Condition 8.2.2, ONE BIZ ONLINE STORE shall have no liability for any defect or failure or any consequences resulting there from where any valid claim in respect of any the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to ONE BIZ ONLINE STORE in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, ONE BIZ ONLINE may, at its sole discretion, grant such a reduction to the Buyer. Upon repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against ONE BIZ ONLINE STORE.
8.2.4 When ONE BIZ ONLINE STORE has provided replacement Goods, the non-conforming Goods or parts thereof shall become ONE BIZ ONLINE STORE's property
9. FORCE MAJEURE
9.1 ONE BIZ ONLINE STORE shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay i performing or any failure to perform any of ONE BIZ ONLINE's obligations if the delay or failure was due to any cause beyond ONE BIZ ONLINE STORE's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond ONE BIZ ONLINE STORE's reasonable control:
9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
9.1.4 Import or export regulations or embargoes;
9.1.5 Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of ONE BIZ ONLINE STORE or third party);
9.1.6 Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
9.1.7 Power failure or breakdown in machinery.
9.2 Upon the happening of any one of the events set out in Condition 9.1 ONE BIZ ONLINE STORE may at its option;-
9.2.1 Fully or partially suspend delivery/performance while such event or circumstances continues;
9.2.2 Terminate any Contract so affected with immediate effect by written notice to the Buyer and ONE BIZ ONLINE STORE shall not be liable for any los or damage suffered by the Buyer as a result thereof.
10. INSOLVENCY OF BUYER
10.1 This condition applies if:
10.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 An encumbrancer takes possession or a receiver is appointed of any of the property or an assets of the Buyer; or
10.1.3 The Buyer ceases - or threatens to cease - to carry on business; or
10.1.4 ONE BIZ ONLINE STORE reasonably apprehends that any the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If this condition applies then without prejudice to any other right or remedy available to ONE BIZ ONLINE STORE, shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11. NOTICES
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to ONE BIZ ONLINE STORE, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
12. INSOLVENCY OF BUYER
12.1 ONE BIZ ONLINE STORE shall accept liability to the Buyer for death or injury resulting from its own or that of its employee' negligence. Save as aforesaid, ONE BIZ ONLINE STORE's liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.
12.2 ONE BIZ ONLINE STORE shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.
12.3 In no event shall ONE BIZ ONLINE STORE for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or ONE BIZ ONLINE STORE has been advised of the possibility of the Buyer incurring the same.
12.4 Where time of performance has been agreed by ONE BIZ ONLINE STORE becomes the essence of the Contract by means of notice by the Buyer to ONE BIZ ONLINE STORE, as provided for in Clause 6.4, and ONE BIZ ONLINE STORE fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, ONE BIZ ONLINE STORE's liability shall be limited to an amount of 1/2% for each full week of delay, in total amount to a maximum cumulative amount of 5%, of the value of the delayed Goods.
12.5 The remedies set out in Condition 8 are the Buyer's sole and exclusive remedies for non-conformity or defects in the Goods or Services and ONE BIZ ONLINE STORE's liability for the same shall be limited in the manner specified in Condition 8.
12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or elsewhere in these Conditions, ONE BIZ ONLINE STORE's maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.
12.7 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
12.8 No action shall be brought by ONE BIZ ONLINE STORE later than 1, 3, 6, 12, 24 months (by selected items) & 1 week for Auction item & Clearance Stock after the date it become aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than amounts of months ( by selected items) after the end of the Warranty Period.
13. TERMINATION
13.1 On or at any time after the occurrence of any of the events in Condition 13.2 ONE BIZ ONLINE STORE may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.2 The events are:-
13.2.1 the Buyer being breach of an obligation under the Contract;
13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer's winding up or dissolution;
13.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer's assets;
13.2.4 The Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
14. GENERAL
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by ONE BIZ ONLINE STORE of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions in question shall not be affected thereby.
14.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Right of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
14.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 14.7.
14.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitralion shall be Kuala Lumpur. Any award by the arbitration trbunal shall be final and binding upon the parties.
14.7 Notwithstanding Clause 14.6. ONE BIZ ONLINE STORE shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
14.9 ONE BIZ ONLINE STORE reserves their right to these terms and conditions of sale at any time.
