Terms & Conditions (Retail stores only)

In these Conditions:
“Contract” means the contract for the sale and purchase of the Goods (as hereinafter defined) between the Seller (as hereinafter defined) and the Customer (as hereinafter defined).
“Customers” means the person who accepts a quotation/sales offer of the Seller (as hereinafter defined) for the sale of the Goods (as hereinafter defined) or whose order for the Goods is accepted by the Seller and “Customer” shall mean anyone of them.
“Goods” means the goods, products and/or merchandise which the Seller (as hereinafter defined) is to supply to the Customer in accordance with these Conditions (as hereinafter defined).
“Seller” and/or “LMS” mean(s) LMS Cellular Premier Sdn. Bhd. of Lot 1-TC063A, First Floor, Plaza Lowyat, Off Jalan Bukit Bintang, and shall include all its authorised dealers and agents.

The terms and conditions herein and the terms and conditions set out in the invoice (“Invoice”) (the Invoice and the terms and conditions herein shall collectively be referred to as the “Conditions”) form the entire agreement between LMS and the Customer and all terms or conditions expressed or implied by law as owing by LMS are excluded, but without prejudice to the rights of LMS at common law or equity. Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by LMS.

The Goods shall be inspected by the Customer immediately upon payment at the counter. If the Goods are found to be defective or damaged by the Customer upon receipt of the Goods, the Customer shall immediately and present/ return the Goods together with the official receipt of payment in respect if the Goods to LMS failing which LMS shall not be liable for any claim, of any nature whatsoever, in respect thereof. The provisions of this Clause 3 shall not apply to Goods designated by LMS as being “demo unit” and/or Goods that are on “special offer” or “sale” (or any other term used by LMS to indicate that the Goods are being sold at a price that is less than the price which LMS would typical sell that good or similar goods. All such goods shall be referred to as the “Clearance Goods”). All Clearance Goods shall be inspected immediately prior to the Invoice being issued. Upon issuance of the Invoice by LMS to the Customer and the acceptance thereof by the Customer, the Customer is deemed to have inspected and satisfied with the condition of the Clearance Goods as being undamaged and in good and proper working condition and/or otherwise in a satisfactory and acceptable condition.

Notwithstanding anything to the contrary, property and title in the Goods shall remain with LMS and the same shall not pass to Customer until full payment for the Goods in cash or by other means of cleared funds are duly received and acknowledged by LMS.

All Goods (including Clearance Goods), are sold on an “as-is” basis with the risk passing to the Customer when the Goods leave the warehouse or premises where they have been stored by LMS. The Goods may be packed and/or prepared for delivery and will be delivered at the cost and expense of the Customer to the place(s) (within Malaysia) specified by the Customer provided access is reasonable in the opinion of LMS. LMS and the Customer shall agree that the time of delivery (provided by courier services) should be reasonable and LMS will not be responsible for any delay due to or caused by the courier service providers.

LMS shall not be liable for any losses, damages or expenses sustained by the Customer or any other person as a result of any delay in delivery of the Goods (by courier services) for any reason whatsoever. If such delivery is delayed at the request of the Customer or owing to the Customer’s inability to accept the Goods for any reason or by reason of a lack of reasonable access to the places specified by the Customer or owing to some other causes beyond the control of LMS (and courier service providers) but where LMS is nevertheless able to deliver the same, then the Customer shall be liable for all extra charges, losses or expenses which may be or to be incurred by LMS. If the delivery (by courier services) is delayed due to the aforesaid reasons, the Customer shall not be entitled to cancel or repudiate any contract for the purchase of the Goods or any other Goods from LMS by such reason thereof.

The contract price for the Goods, shall be stated in the Invoice. Any taxes (including Goods and Services Tax, Sales Tax or Service Tax, where applicable) shall be borne by the Customer. All payments shall be in Ringgit Malaysia (RM) and all payments shall be made in the manner specified in the Invoice.

It is hereby agreed that if the Customer fails to observe or comply with any of the terms herein contained, any deposit, advance payment, booking fee and/or pre-payment for or in respect of the Goods shall be forfeited in favour of LMS and LMS shall be at the liberty (on its own account) to sell or otherwise deal with or dispose of the Goods in such manner as it may deem fit without any reference to the Customer. Any deficiency in price that may result in and all expenses attending a resale or attempted resale in respect thereof shall be made good and paid by the Customer and recoverable by LMS. Any increase of price on a resale shall belong to LMS.

LMS shall in no circumstances be under any liability for injuries, expenses, damages or consequential loss that may in any degree be attributed to the materials used in relation to the Goods or its manufacture in respect thereof or the design of the Goods. Any liability for breach of a condition or warranty whether implied by law or otherwise is limited in the case of goods to any one of the following:
The repair and/or replacement of the Goods or the supply of equivalent Goods; or
The payment of the cost of repair and/or replacement of the Goods or of acquiring equivalent Goods.

The laws of the Malaysia shall govern and apply to the interpretation of the Conditions and to any Contract.

The Customer irrevocably agrees that the courts of Malaysia are to have jurisdiction to settle any claim or dispute which may arise out of or in connection with the Conditions or any Contract and hereby submits to the jurisdiction of those courts.

In the event that any of these Conditions are held to be in violation of any applicable law, such term shall be deemed to be deleted from these Conditions and the remaining Conditions and the Contract shall remain in full force and effect as if such provisions had not originally been contained herein. LMS and the Customer shall negotiate in good faith to agree on the terms of a mutually acceptable and satisfactory alternative provision in place of the provision deleted pursuant thereto.
Tel : 03-2856 4211 Email : [email protected]