SPECIFIC TERMS & CONDITIONS OF SALE OF NEW VEHICLES

1.          Definitions

2.           General

(a)  This Agreement together with Scania General Terms and Conditions constitutes the entire understanding between the Parties and supersedes any prior understandings, written or oral relating to the sale of Vehicle.

(b)  Once the Customer has signed the quotation and the Agreement and/or placed and/or placed an order, the Agreement and/or order cannot be terminated, cancelled or modified without the Company’s prior written consent. The Customer agrees to pay a sum equivalent to 5% of the total Contract Price of the Vehicle upon the occurrence of any of the foregoing.

(c)  An order can only be accepted by the Company upon the Customer fulfilling the following criteria: a) Deposit has been paid to the Company, b) relevant documents of secured financing (if applicable) have been received by the Company, and c) copies of the operating permits have been received by the Company.

3.           Payment

(a)  Full payment of the Contract Price is due prior to delivery of the Vehicle, unless otherwise agreed by the Company.

(b)  If payment is by way of a letter of credit, Customer shall establish in favour of the Company an irrevocable letter of credit from an approved bank or financial institution in the form and upon the terms satisfactory to the Company. The letter of credit must be valid from the date of delivery of the chassis to the bodybuilder.

(c)  In the event of Customer’s failure to make payment, establish a letter of credit or otherwise to perform its obligations hereunder, the Company may withhold delivery of the Vehicle until such payment is made by the Customer. The Company also reserves the right to forfeit any deposit paid by the Customer.

(d)  Customer may seek financing for the balance of the Contract Price of the Vehicle from Scania Credit (Malaysia) Sdn Bhd, subject to terms to be agreed between the Customer and Scania Credit (Malaysia) Sdn Bhd.

(e)  If the Customer obtains a loan from a financial institution or bank to finance the purchase of the Vehicle, the Customer shall cause the financial institution or bank to issue the Company an unconditional irrevocable letter of undertaking to pay the Contract Price or part thereof to the Company before delivery of the Vehicle. In the event a letter of undertaking by the Customer’s financial institution or bank is revoked or terminated for any reason whatsoever, the Company shall be entitled to terminate this Agreement and to forfeit the deposit paid by the Customer. 

(f)  The Contract Price due from the Customer can be paid to the Company via any of the following methods:

(i)   Account Payee cheques, crossed and made up in the favour of ‘Scania Malaysia Sdn Bhd’ who will issue the official receipt upon clearance. Delivery of Vehicle will be made after cheques are cleared;

(ii)  Bank drafts, Letter of Credit or other financial instruments which must be unconditional and irrevocable; or

(iii) Telegraphic transfer; or

(iv) Such other payment methods as determined by the Company from time to time.

4.          Vehicle Specifications

The Company reserves the right to make any change to the specification or design of the Vehicle without prior notice given to the Customer for the purpose of complying with any applicable safety or regulatory requirements and/or such other purpose as may be deemed necessary by the Company.

5.           Delivery

(a)  The Company has no obligation to transfer or deliver or allow the Customer to take possession of the Vehicle before the Contract Price or part thereof agreed to be paid has been remitted pursuant to paragraph 3 hereinabove.

(b)  Unless otherwise stated and subject to paragraph 5(i) above, the place of delivery is at the Company’s premises.

(c)  If the Customer does not in due time fulfil the conditions incumbent upon him or in any other way delays the execution of the work, for instance by additions or alterations to the order, the Company shall have the right to prolong the delivery time or to cancel the Agreement.

6.          Ownership/ Title

(a)  The ownership and title to the Vehicle will only be passed to the Customer after the Company has received the Contract Price in full. In the event the Vehicle is delivered to the Customer and the Customer fails to pay the full Contract Price, the Customer undertakes to return the Vehicle to the Company in the same condition as it was delivered to the Customer. Failure to return the Vehicle to the Company will result in the Company obtaining a court order to recover possession of the Vehicle, whereby the Customer shall be liable for further cost and expenses.

(b)  Until title and ownership to the Vehicle has been passed to the Customer, Customer shall: (i) hold the Vehicle as the Company’s bailee; (ii) store the Vehicle (at no cost to the Company) separately from all other goods held by Customer so that they remain readily identifiable as the Company’s property; and (iii) not to destroy, deface or obscure any identifying mark or packaging relating to the Vehicle; (iv) maintain the Vehicle in satisfactory condition.

(c)  All risk of loss and/or damage to the Vehicle will be passed to the Customer upon delivery of the Vehicle to the Customer, notwithstanding that the ownership of the Vehicle has not been passed.

(d)  Notwithstanding that the Vehicle had been altered and/or added with body or such other components, the ownership of the Vehicle shall remain with the Company until full payment of the Contract Price has been made by the Customer.

(e)  In the event a debenture is created over the assets of the Customer, the Vehicle belonging to the Company that is in the possession of the Customer shall not form part of the assets of the Customer.

7.          Default/ Breach by Customer

Without prejudice to the Company’s rights under the law, where the Customer fails to pay the Contract Price or to fulfil any of its obligations under this Agreement, the Company shall be entitled to the following remedy:

(i)   Forfeit the Deposit paid by the Customer;

(ii)  Suspend all deliveries to the Customer under this Agreement;

(iii)  Terminate this Agreement with the Customer wholly or partly and to take possession of Vehicles supplied; and/ or

(iv)  To be compensated fully by the Customer for any interest, damages, expenses, costs or losses incurred by the Company as a result of the Customer’s failure.

8.          Storage Charges

The Customer shall take delivery of the Vehicle promptly upon being notified by the Company. Where the Customer fails to take delivery within seven (7) days from the date of being notified by the Company, the Customer shall pay the Company storage charges at the rate of Ringgit Malaysia Three Hundred (RM300.00) per day.

9.          Scania Services Included

Unless otherwise imposed by the Company and notified to the Customer from time to time, the Company may include certain services as part of the Vehicle purchase, such services including but is not limited to, Maintenance of the vehicle (IM) for a certain period, or a full R&M package (IRM) or part of Scania Data Driven Services or combinations thereof. 

10.          Scania Assistance Services

From time to time, the Company may provide free Scania Assistance Services to Customer for a certain period.  During this period, the Customer will be entitled to obtain free call-out and free travelling charges to/from the breakdown site only provided that all the terms and conditions as may be imposed by the Company have been complied with.

11.          Scania Warranty

The Vehicle is subject to warranty conditions of the Customer’s agreement to purchase of such Vehicle from the Company (as set out in Scania’s General Conditions of Delivery and Warranty).

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