Terms & Conditions

Terms & Conditions

1. Introduction

1.1. Tractor-Line Industries Sdn Bhd (Company No.: 209395-A) (“Tractor-Line”) is a private limited company registered in Malaysia under the Companies Act 2016 and our business address is located at Lot 3528 Jalan ½ Bukit Rawang Jaya, 48000 Rawang, Selangor Darul Ehsan, Malaysia.

1.2. This website www.tractor-line.com (“Website”) is operated by Tractor-Line for the sale of our Product that is supplied to you. For the purpose of these Terms of Use, the term “Product” shall mean any of our product or third-party product that is supplied to you by us under these Terms of Use.

1.3. These Terms of Use govern your visit, access and use of this Website and the use of any services, information and functions made available by us at this Website.

1.4. Before using this Website, you must read carefully and accept these Terms of Use, Terms of Sale, Privacy Policy and all other terms and conditions and policies pertaining to the use of this Website (collectively referred to here as “Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at this Website.

1.5. By accessing and using this Website, you agree to be bound by the Terms and Conditions and any amendments to the foregoing to be issued and posted on this Website by us from time to time. If you do not agree to the Terms and Conditions and the Privacy Policy, please do not visit or access or use this Website. Your use of this Website is subject to these Terms and Conditions stated herein.

1.6. We reserve the right, to change, modify, add, or remove any part of these Terms and Conditions at any time and any such changes will be effective when posted on this Website with no further notice provided and you are deemed to be aware of and bound by any changes to the foregoing upon such publication on this Website.

2. Website Content

2.1. Tractor-Line and its related companies do not make, or authorize any offer or representation by this Website and do not represent that any Product listed in this Website will be offered by or available from us at all material times.

2.2. All copyright in the whole and every part of this Website belongs to us, unless otherwise indicated. You may not use, sell, license, copy or reproduce in whole or in part in any manner or form or in or on any media or medium to any person without the our prior written consent.

2.3. Photographs shown in this Website are merely for illustrative purposes only and may vary from the actual Product depicted or described.

2.4. Any articles, information or content published on this Website must be read subject to these Terms and Conditions.

2.5. We reserve the rights to add, vary or remove any content from this Website from, time to time without any notice. 2.6. We will use our best endeavours to confirm the accuracy of any information published on this Website, however, you agree that we cannot be held responsible for any inaccuracies or errors or omissions caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree that it is your own responsibility to ensure that you make your own inquiries to verify and confirm the information provided and to assess the suitability of the Product before you purchase or place your order for the said Product. 2.7. All information, materials and services made available to you in this Website are provided for general information purposes only and such information is current at the time of first publication in this Website. It is not intended to be comprehensive. You are solely responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirement(s). You should report any error or omission in any information, material or service, via customer feedback to us. 2.8. Neither we nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold us liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them. 2.9. International visitors to this Website should not rely on information contained in this Website, including without limitation the pricing, which may be subjected to additional import duties and taxes, which are levied once a shipment reaches the destination country. In the event that we do accept Order/Purchase from international buyers, all additional charges for customs clearance for Page 2 of 13 any purchase/order must be borne by you. Please contact us at ecommerce@tractor-line.com or +603-60924848 for detailed enquiry on international purchase/order. 3. Use of this Website 3.1. You agree to use this Website only for purposes that are permitted by these Terms and Conditions, any applicable law or regulation and/or generally accepted practices or guidelines. 3.2. You agree that you will not engage in any activity that interferes with or disrupts this Website or the servers and networks that host this Website. 3.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this Website or the content. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement agencies and authorities. 3.4. As the internet websites are subject to interruption or breakdown, access to this Website is offered on an “as is” and “as available” basis only. 3.5. You must register as a member/user before you can place any order/purchase. We reserve the right to prohibit you to access this Website or to stop (temporarily or permanently) providing access to this Website to you, or any members generally, at our sole discretion and without prior notice to you. 3.6. We may in our sole discretion restrict your access to this Website (in whole or in part). By doing so, you may be prevented from accessing all or part of this Website, your account details or other content contained in your account. We will not be held liable to you or any third party for doing so. 3.7. We reserve the right to impose limits or restrictions on the use you may make of this Website (in whole in part). 3.8. For the purposes of security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions, we may take down this Website, change or remove any functionality of this Website at any time without further notice to you. 3.9. We appreciate any suggestions you may have regarding ways in which this Website may be improved or materials which may be added to this Website. Any such unsolicited ideas that you may submit will not be regarded as confidential and will become the property of Tractor-Line. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you. 3.10. You may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” 3.11. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, and may regularly review such posted content. 4. Intellectual Property Rights 4.1. All intellectual property rights, whether registered or unregistered, in this Website, content in the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, drawings, logos, trademarks, distinctive brand features, design, text, icons, video and sound recordings, their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property Rights”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of this Website also are protected by copyright as a collective work under the copyright laws in Malaysia and international conventions. All rights are reserved. 4.2. You acknowledge that the Intellectual Property Rights are owned by us or where applicable, our affiliates or third party such as our licensors, or in some cases, a related company of them, or any other third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the respective owners. 4.3. No part or parts of this Website may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked/mirrored, framed, transferred or transmitted in any manner or by any means or in any medium or stored or installed on any servers, system or equipment any Intellectual Property Rights without our prior written permission or that of the relevant owners of the Intellectual Property Rights. No party accessing this website shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property Rights for personal and non-commercial uses, Page 3 of 13 provided that you do not modify the Intellectual Property Rights and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials. 4.4. Nothing contained in this Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the intellectual property rights of any person. We make no representations or warranties that your use of any information available in this Website will not infringe such intellectual property rights. 4.5. You must not use (including but not limited to reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this Website) any part of the content of this Website for commercial purposes without prior consent from us and/or our licensors. In the event that we become aware of any infringement of its intellectual property rights, we reserve the right to take appropriate legal proceedings against you and/or may report your activity to the appropriate law enforcement agencies and authorities. 4.6. If you correspond or otherwise communicate with us, you automatically grant to us irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing your testimonials on this Website to promote this Website. 5. Hyperlinks 5.1. This Website may contain hyperlinks to other websites, content or resources, which are owned or operated by other third parties. Such linked websites are not under our control and we shall not be held responsible for the operation, availability or contents of any linked website or any hyperlinks contained in such linked websites. 5.2. In the event that this Website contains hyperlinks to other websites, these links are provided to you for convenience only and the inclusion of any link does not imply our endorsement or verification of such linked websites. You shall access such linked websites at your own risk. Subject to any non-excludable rights, we disclaim all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you intend to visit. 5.3. We reserve the right to prevent third parties from linking to this Website. 6. Secure Data and Transmissions 6.1. Given the nature of the internet, we cannot guarantee that any data transmission from and to this Website is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to this Website will be uninterrupted, error free or that any defects will be corrected. Whilst we and our affiliates take precautions to protect such information, we do not warrant and cannot ensure the security of any content or information you transmit via this Website. You therefore transmit data/information to this Website at your own risk. If you become aware of any problems with the security of this Website, please inform us immediately. 6.2. You must take your own precautions to ensure that the process which you use to access this Website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither we nor our affiliates will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website, any website or any linked websites. 6.3. We may use cookies on this Website to gather data in relation to this Website and to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and keep track of advertisements and you hereby expressly agree and consent to this (although you may be able to disable cookies on your web browser). 7. Privacy Policy 7.1. Your privacy is very important to us. In order to better protect your rights to privacy, we have provided our Privacy Policy to explain our privacy practices in detail. The Privacy Policy available on this Website explains how your personal information is collected and managed by us. 7.2. Please review the Privacy Policy carefully to understand how we collect and use the information associated with your access to this Website. By using this Website, or agreeing to these Terms and Conditions, you consent to our collection, use, disclosure and/or processing of your content and personal data as described in the Privacy Policy. Page 4 of 13 8. Disclaimer & Indemnity 8.1. Tractor-Line and/or our affiliates make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Website or to its availability, functionality or performance, except as otherwise provided under any applicable law. 8.2. Tractor-Line and/or our affiliates do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this Website or any linked website using the hyperlinks contained in this Website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. To the maximum extent permitted by law, Tractor-Line and/or our affiliates disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Website or the information that it contains. 8.3. Your use of any information made available on this Website is at your own risk. To the extent permitted by law, Tractor-Line and/or our affiliates exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Website or provided through this Website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. 8.4. If, notwithstanding the previous sections, any liability is not able to be excluded by law or TractorLine and/or our affiliates is found by a court of competent jurisdiction to be liable (including for gross negligence), Tractor-Line and/or our affiliates limit the liability to the re-supply of the relevant product, or if it is not possible to do so, the entire liability to you or to any third party is limited up to the maximum of RM100.00 (Ringgit Malaysia One Hundred). 8.5. You agree to indemnify Tractor-Line and/or our affiliates and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement. 8.6. You agree to indemnify and hold Tractor-Line and/or our affiliates (including the officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party. 8.7. Nothing in these Terms and Conditions shall limit or exclude any liability for death or personal injury caused by our negligence, for fraud or for any other liability that cannot be lawfully limited and/or excluded. 9. Force Majeure 9.1. We shall not be made liable to you for any breach, hindrance or delay in the performance of our obligations attributable to any cause beyond its reasonable control, including without limitation: a) Strikes, lock-outs, movement restriction order and/or other industrial action; b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; d) The acts, decrees, legislation, regulations, order or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents; e) Impossibility of the use of public or private telecommunications networks; or f) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (the aforesaid collectively are referred to “Force Majeure Event”) 9.2. In the circumstance that the Force Majeure Event lasts for more than one month, either you or Tractor-Line may terminate this agreement forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered. Page 5 of 13 10. Governing Law and Jurisdiction 10.1. These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Malaysia. 10.2. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of these Terms and Conditions, which will continue in full force and effect. 10.3. If you access this Website in a jurisdiction other than Malaysia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. 10.4. We make no representations that the content of this Website complies with the laws of any country outside Malaysia. 11. Miscellaneous 11.1. We reserve the right to amend these Terms and Conditions at any time without notice and your access to this Website may be terminated at any time without notice. Continued usage of this Website will be deemed to constitute acceptance of the new and/or amended terms. 11.2. Where your access to this Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive. 11.3. If any provision of these Terms and Conditionsis found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 11.4. If you breach these Terms and Conditions, we will be entitled to use its rights and remedies against you for the said breach. 11.5. We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control and/or the control of our affiliates. 11.6. No waiver by us of any of your default under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions. 11.7. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms and Conditions. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between us and any user, buyer or visitor of this Website. Page 6 of 13 Terms of Sale 1. General 1.1. You and Tractor-Line may enter into a sale contract for the sale and supply of Product described in this website www.tractor-line.com (“Website”), by you making an offer to Tractor-Line via this Website, to purchase the Product at the specified price, subject to these Terms of Sale. 1.2. Your purchase of Product from this Website is subject to the Terms of Sale, Terms of Use, Privacy Policy and any other terms (collectively referred to here as these “Terms and Conditions”). For the purpose of these Terms of Sale, (a) the term “Product” shall mean any of our products that is supplied to you by us under these Terms of Sale; and (b) the term “Order” or “Purchase” shall mean an offer made by you in response to an invitation to treat made by us via this Website. 1.3. We reserve the right to revise these Terms of Sale from time to time at our discretion. Such revision will be effective immediately upon its publication on this Website. We recommend that you review these Terms of Sale for amendments each time you access and/or use this Website and before placing any Purchase/Order. By continuing to use this Website after such publication, you agree to be bound by these Terms of Sale as revised. Any changes to these Terms of Sale will apply to any Purchase/Order you place from the effective date of the change. Should we choose to provide you with notice of any amended terms, you agree to receive email notification of the amendments from us or a third party. 1.4. You will be deemed to have placed a Purchase/Order with us in accordance with these Terms and Conditions when you have clicked on the relevant buttons on this Website and complete the transaction which indicates your acceptance of these Terms and Conditions. 2. User Agreement 2.1. By accessing and/or using this Website, it is deemed acceptance of these Terms of Sale and you are deemed agree to be bound by them, and an agreement is formed between us and you. 2.2. These Terms of Sale may be amended at any time without notice and your access to this Website may be terminated at any time without any further notice. Your continued use of this Website following any amendment of these Terms of Sale will represent an agreement by you to be bound by these Terms of Sale as amended. In the event, should we choose to provide you with notice of amended Terms of Sale, you agree to receive email notification of the amendments from us. 3. Registered User of this Website 3.1. You must register as a member/user before you can place an Order/Purchase. To register as a member or registered user of this Website, you must provide details required at the point of registration with us including but not limited to your name, NRIC number and address (for individual), company name and company registration number (for company), telephone number, a valid email address, payment methods, banking account details and billing/shipping address. Any inaccurate or incomplete details will not warrant for the successful activation of the membership or registered user’s account. 3.2. An email will be sent by us after you create your membership account or registered user’s account and only one registration is permitted per email address. You shall not use another member’s account at all time and you are to be held responsible for any activity on your account. 3.3. You shall contact us immediately if you become aware of any security breach or any unauthorised use of your password or account. In the event of forgotten password, you can reset the password by clicking on the relevant link available in this Website. 3.4. We reserve the right to terminate your account without prior notice for any reason whatsoever including but not limited to the breach or in anticipatory of breach on these Terms and Conditions. 4. Order / Purchase 4.1. You may enter into a contract for the sale and supply of goods by you making an offer to us via this Website to purchase our Product at the price advertised on this Website by: (a) Placing an Order/Purchase for the Product using this Website; (b) You making payment in full (plus any applicable delivery and handling charges) on this Website; and (c) The Order acceptance notice issued by Tractor-Line. 4.2. By entering into a sale contract via this Website, you are deemed to convey your offer to purchase the Product only when: (a) any and all requirements set out in these Terms and Conditions have been met; (b) the electronic offer from you is entered and recorded in our database; (c) record is created and stored in our database; and (d) full payment from you for the Product (including any applicable charges Page 7 of 13 such as delivery and transportation charges) is made and received in our account and confirmation of that payment is received by our database. 4.3. If your Order is not accepted by us, we will notify you by telephone or email and arrange for a refund of any payment made by you to be processed. If the stock of any Product ordered by you is not available or is insufficient, we will arrange for a refund of any payment made by you to be processed. 4.4. We will be deemed to have accepted your Order upon issuance of an official invoice for the sale and the fulfilment of your Order. 4.5. For any customized product (including but not limited to manufacturing a particular design, specification, colour, configuration, etc), an e-mail for the notice of acceptance will be followed upon confirmation of receipt of your Order. No cancellation of such order shall be permitted and no refund shall be made by us in respect of such goods. 4.6. For any query about the status of your Order please contact us ecommerce@tractor-line.com and provide your order number as per stated in the Order Confirmation Notice sent by us. 4.7. You further acknowledge that: (i) The electronic offer or electronic payment made by you may not be received by us for reasons beyond either parties’ reasonable control including but not limited to, electronic system failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party’s website, service providers or systems. (ii) To the fullest extent permitted by law, we are not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic offer or instruction through this Website, or any failure to receive an electronic instruction for whatever reason. (iii) An electronic instruction is treated as authentic and we are under no obligation to probe the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. 5. Price and Payment 5.1. Prices may not include delivery and handling charges. Prices are valid until amended or removed from this Website and are subject to change at any time. Price is displayed in the currency of Ringgit Malaysia and inclusive of SST (whenever applicable). 5.2. Unless otherwise stated, accessories shown in any image of goods are not included in the price. 5.3. We reserve the right to correct and amend the details displayed on this Website at any time. 5.4. In the event that a Product has been mispriced on this Website, we reserve the right to terminate the sale, by notifying you of such cancellation by giving three (3) days’ notice. We shall have such right to terminate the sale notwithstanding that the Product may have been dispatched or are in transit or that payment has been charged to you. 5.5. All payments must be made in full prior to dispatch or delivery, including any applicable charges (including but not limited to delivery and transportation charges), unless otherwise agreed between parties. 5.6. Payment made via the appointed payment gateway providers via this Website will be subjected to additional terms and conditions imposed by such service providers. 5.7. To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether directly or indirectly) suffered by you when a credit card is fraudulently used or is used in an unauthorized manner. 5.8. To the fullest extent permitted by law, we and/or our affiliates will not be responsible for any damages or consequential losses of any kind (whether directly or indirectly) suffered by a user where a credit/debit card, online payment or other payment method is fraudulently used or is used in an unauthorized or improper manner. 5.9. In the event if the payment is declined and/or not successful, we may contact you to arrange for alternative payment method. Any failure to make payment for any orders within the stipulated time, the said Order will not be processed and may subject to cancellation by us. 6. Fulfilment of Delivery and Service 6.1. Provided always that you comply with these Terms and Conditions and acceptance of your Order by us, we will supply the Product to you as shown on your Order Confirmation Notice. 6.2. We will deliver your Order/Purchase as per the estimated delivery dates except any customised Products (if applicable) where the availability for supply and delivery will be agreed between parties. 6.3. Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment or delivery delays from our suppliers. Page 8 of 13 6.4. We do not accept any purchase/order from international buyer but we may do so in the near future. Please contact us at ecommerce@tractor-line.com or +603-60924848 for detailed enquiry on international purchase/order. 6.5. If you have selected postal/courier services as the delivery method, the goods shall be delivered to the address specified by you and we shall not be held liable for the unavailability of the delivery location based on the address specified/provided by you. 6.6. Unless otherwise agreed by us, all goods which cannot be delivered using postal/courier services shall be delivered via the following method: - (i) for any Order/Purchase from West Malaysia, the goods ordered by you will be delivered by us to the designated collection hub as shown on your Order Confirmation Notice. You are solely responsible to arrange your own collection at the relevant designated collection hub. We shall contact you when the goods are available for collection and any goods must be collected immediately from the date of notification for collection. In the event of any delay in collection of the said goods, you will be liable for any storage fees incurred in respect of any uncollected goods. (ii) for any Order/Purchase from East Malaysia, you are responsible to arrange your own transporter or shipping agent for collection of the goods ordered by you from our factory. We shall contact you when the goods have been collected by your appointed transporter or shipping agent. 6.7. We shall not be held liable for the delivery failures or delays by third-party transporter appointed by you. 6.8. For any change of delivery address or date, you shall send us written notice no lesser than two (2) working days from the original estimated delivery date. 6.9. We will use all reasonable endeavoursto deliver your Order within any stated time frames for dispatch, however we do not warrant that these time frames will always be met, as many factors may affect these time frames. 6.10. If you do not state or fail to state the detail(s) of the delivery destination precisely and the delivery contractor or transporter deems it to be a difficult location on the arrival delivery date you will be liable for any additional charges including redeliver fees and ancillary charges. 6.11. You are required to inspect your goods when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage on delivery or shortages within three (3) working days of delivery. We may out of amicability at our sole discretion replace, or make good any damage on delivery or shortages of such goods so long as we are notified within the time period specified above. Despite the foregoing amicable gesture and for the avoidance of doubt, in no event we will be liable or be responsible for any damage or shortages of any of the goods upon such goods being received by the designated collection hub, or upon dispatch by postal/courier services directly to your delivery address or, upon collection by you, your own transporter or your shipping agent from our factory, as the case may be. 6.12. If you are ordering the Product from a country other than Malaysia, you are considered the importer of that Product and you must comply with all laws and regulations of the country in which you are receiving the Product. You should make sure that you can lawfully import the Product into your country before ordering or purchasing the Product. You may be subjected to import duties and taxes, which are levied once a shipment reaches your country. All additional charges for customs clearance must be borne by you. International buyer is reminded that cross-border shipments are subject to opening and inspection by customs authorities. In this respect, we may provide certain order, shipment, and product information to the relevant carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with the local laws. 7. Title and risk in goods 7.1. Title and risk in goods pass to you, upon such goods has been received by the designated collection hub or, upon delivery to your address if dispatched by postal/courier services directly to your delivery address or, in the event of collection by you upon you, your own transporter or your shipping agent collecting from us at our factory. For the avoidance of doubt, title in the goods shall never pass to you unless full payment has been received by us. 8. Indemnification and Disclaimer 8.1. To the fullest extent permitted by law (and without limitation to any other provision of these Terms and Conditions), Tractor-Line and/or our affiliates, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to this Website (or any goods purchased on this Website) including, but not limited to, loss or damage you might suffer as a result of: Page 9 of 13 (i) you acting, or failing to act, on any information contained on or referred to on this Website and/or any linked website. (ii) personal injury or property damage of any kind resulting from your access or use of this Website. (iii) any unauthorized access to or use of secure servers of this Website. (iv) any interruption or cessation of transmission to or from this Website. (v) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through this Website by any third party. (vi) any errors, mistakes, or inaccuracies on this Website. 8.2. Without limitation to the foregoing, except as expressly provided in these Terms and Conditions and to the fullest extent allowed by the law, Tractor-Line and/or our affiliates will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Website or any goods purchased on this Website. 9. Warranty and Indemnification 9.1. Misuse of products sold by us involves serious risks including injury, disability and death. You agree to assume all risks. Any modification of our products through the use or misuse of our products can lead to machine malfunction causing serious risk. Risks include but are not limited to machine damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s machine using our products. We are not responsible and shall not be held liable for any modifications done to our products, through the use or misuse of our products. 9.2. As set forth herein, we may only repair or replace of the said products out of our amicable gesture at our sole discretion which are returned to us in the specified period of time. We will only be liable for the repair or replacement of the said products in the course of delivery to the designated collection hub where the said products has been damaged and/or lost during such course of delivery. In no event and in the case of any liability shall our liability exceed the value of the product(s) sold. In no event shall Tractor-Line be made liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of our products. 9.3. Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Product on this Website. Any representation, condition or warranty which might be incorporated into these Terms and Conditions by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or products purchased from us are suitable for your purposes. 9.4. You will at all times indemnify, and keep indemnified, Tractor-Line and/or our affiliates including the directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms and Conditions. 10. Faulty Goods 10.1. The Product must be inspected for use to ensure it has not been damaged in transportation and shipment. In the event that any Product received by you is damaged or not of merchantable quality upon arrival, we may repair or replace the said products out of our amicable gesture at our sole discretion which are returned to us in the period of time specified herein. 10.2. Please contact us ecommerce@tractor-line.com to report for such defect upon immediate receipt and inspection of the goods. 11. Return and Refund Policy 11.1. This Return and Refund Policy shall always be subjected to our amicable gesture at our sole discretion. In no event this Return and Refund Policy shall hold us liable for the faultiness or defects of the product upon passing of title and risk to you pursuant to sub-clause 7.1. 11.2. This Return and Refund Policy only applies for Purchases/Order via our Website. 11.3. Returns must be done within seven (7) working days starting from the day the goods are delivered to you. 11.4. Product can only be returned if you have received the wrong item in your package or the item has a manufacturing defect (excluding display set items or clearance goods), provided always:- (i) You have proof of purchase (order invoice number and receipt); (ii) The goods must be in new condition and returned in the original selling condition and unopened packaging along with all original accessories (including manuals, warranty cards, certificate of authenticity); (iii) The product must not have been used or installed. Page 10 of 13 11.5. Subject to the above sub-clause 11.3 above and you wish to proceed with the return, please have your order invoice number ready and contact us at ecommerce@tractor-line.com. 11.6. If you found the Product to be faulty or defective, please contact us at ecommerce@tractor-line.com within three (3) working days of delivery and we may determine if the product is faulty or defective and may either provide you with a replacement or repair services, whichever is applicable, at our costs. 11.7. For refund request, we will determine the validity of the return and we will process accordingly. If it’s valid, we will reimburse you with a refund via agreed method of payment. 11.8. Any cancellations due to a change of mind will not be accepted. If the item delivered is the correct item ordered and is not defective, it will not be considered for a Return or Refund. 11.9. Customized Product is not available for Refund. 11.10. We reserve the right to reject any cancellation, refund deemed unfit or unreasonable. 12. Feedback 12.1. Shall you wish to provide your feedback for the goods purchase, you may contact us or write to us at:- Tractor-Line Industries Sdn Bhd Lot 3528, Jalan 1/2, Bukit Rawang Jaya, 48000, Rawang, Selangor Malaysia. Tel: +603 - 6092 4848 Fax: +603 - 6092 7878 Email: ecommerce@tractor-line.com 13. Force Majeure 13.1. We will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries. 14. Governing Law 14.1. These Terms of Sale are governed by and construed in accordance with the laws of Malaysia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Malaysia. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of these Terms of Sale, which will continue in full force and effect. If you access this Website in a jurisdiction other than Malaysia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. 14.2. We make no representations that the content of this Website complies with the laws of any country outside Malaysia. 15. Severability and Waiver 15.1. If any part of these Terms of Sale are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these Terms of Sale will remain in force and constitute the agreement between you and us. 15.2. The failure by Tractor-Line to exercise or enforce any right or provision under these Terms of Sale will not constitute a waiver of such right or provision. 16. Assignment 16.1. In the event we undergo any corporate exercise including but not limited to merger, sale or otherwise change in control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you. Page 11 of 13 Privacy Policy 1. General 1.1. This policy describes the information practices for this Website (www.tractor-line.com), including what type of information is collected, how the information is used, with whom the information is shared, and how the information is protected. 1.2. By using this Website, you are accepting the practices described in this Privacy Policy. This Privacy Policy is incorporated into, forms part of and is subject to the Terms of Use of this Website. Your use of this Website and any personal information you provide on this Website remains subject to the terms of this Privacy Policy and Terms of Use. 1.3. By registering for an account with us, visiting this Website, making an Order/Purchase, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. 1.4. Please refrain from accessing our website, if you do not agree to the processing of your personal data as described in this Privacy Policy. 1.5. We will collect and process your personal data for purposes, including but not limited to communicate with you, provide products to you, respond to your enquiries or complaints, provide you with information and/or updates on products offered by us and/or our associated/related/selected third parties and other purposes required to operate and maintain our business as set out in our Privacy Policy (“Purposes”). 2. Personal Information Collect by Us 2.1. Upon the following circumstances (which is not exhaustive), we may collect Personal Data from you:- (i) when you registered as a member with this Website; (ii) when you placed an Order or Purchase with us; (iii) when you submit any forms including, but not limited to, application forms or other forms relating to any of our products, whether online or by way of a physical form; (iv) when you interact with us via online survey, telephone, emails, or this Website and etc. 2.2. Personal information we may collect from you are including but not limited to:- (i) name; (ii) NRIC number; (iii) mailing, shipping or billing address; (iv) phone number; (v) email address; (vi) bank account and/or credit card information; (vii) social media profile information; (viii) IP address; (ix) URL link of a referring website; and (x) location geo-locked by your web-browser. 3. The usage of personal information collected 3.1. We may process your personal information for the purposes described in this Privacy Policy, with your consent, for compliance with a legal obligation to which Tractor-Line is subject, for the performance of a contract to which you are party, in order to protect your vital interests, or when we have assessed it is necessary for the purposes of the legitimate interests pursued by Tractor-Line or a third party to whom it may be necessary to disclose information. 3.2. You acknowledge and consent that by providing your personal information to us that we may use and disclose your personal information for the purposes for which it was collected or for a related or ancillary purpose such as:- (i) for regulatory reporting and compliance with our legal obligations; (ii) for our third party service providers to include in a database compiled by us or our third party service provider for use in direct marketing of promotions, product and services we think may interest you; (iii) to keep you updated on our latest product announcements, technology updates and/or events/announcement; (iv) to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for anti-fraud purposes; (v) for account and network security purposes; Page 12 of 13 (vi) to determine personalize product offering; (vii) to communicate to you about latest notices, update on terms and conditions; and (viii) for internal auditing, data analysis, customer experience research and etc. 4. Cookies and related technologies 4.1. Cookies stored within your computer system is used to enhance your interaction and convenience with this Website and we do not use cookies to record any personal information. 4.2. Other related technology such as pixel tags and web beacons might be used to help us better understand user preference, facilitate and measure the effectiveness of advertisements and web searches. 4.3. Information collected by cookies and other technologies as non‑personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. 4.4. Cookies may record information about your visit, including the type of browser and operating system you use, the previous site you visited, your server’s IP address, the pages you access and the information downloaded by you. 4.5. The aforesaid information is recorded as anonymous statistical data which may be aggregated and used in broader statistical analysis by us and our web monitoring service provider to improve our services. 4.6. If you want to disable cookies, you may perform necessary privacy setting in your browser to manage your preferences. 5. Disclosure to Third Parties and other parties. 5.1. Our third party service providers are organisations that include those that may assist us with research, mail and delivery, security, professional advisory, banking, payment processing or technology services. 5.2. Those third parties may be required to handle your personal information, however those third parties must safeguard this information and must only use it for the purposes for which it was supplied, although we are not responsible for ensuring this. 5.3. We may also disclose information about you, but only where there is a lawful basis for doing so or such a disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. 5.4. You hereby acknowledge and agree that we have the right to disclose your personal data to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if we have reasonable grounds to believe that disclosure of your personal data is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties. To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against us for the disclosure of your personal data in these circumstances. 6. Protection and storage of your personal information 6.1. Online services provided by this Website is protecting your personal information via necessary encryption technology. 6.2. We cannot ensure or warrant the security of any information you send to us or receive from us online despite we have taken reasonable measure to protect your personal information. 6.3. Appropriate physical, electronic and managerial security procedures in order to protect personal information has been implemented to safeguard against loss, misuse, alteration or destruction of data provided to us. Access to your personal information is limited to designated purposes and only to user within the specific active directory. 6.4. We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy and our service specified herein. 6.5. We and our third party service providers take reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorized access, disclosure, loss, misuse and alteration. 7. Children or minor 7.1. You hereby confirm and warrant that you are currently 18 years old or above and you are capable of understanding and accepting the terms of this Privacy Policy. 8. Link to other sites 8.1. This Website may contain links to other websites which are owned or operated by other parties including but not limited to affiliated companies, payment gateway and etc. Page 13 of 13 8.2. We are not responsible for information on, or the privacy practices of those websites. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information. 9. Changes or Amendment 9.1. We reserve our right to amend and/or update this Privacy Policy from time to time. Any changes to this Privacy Policy will be published in this Website. Your continued use and/or access of this Website, including placing Orders, making Purchase on this Website, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy. 10. Assignment 10.1. In the event we undergo any corporate exercise including but not limited to merger, sale or otherwise change in control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you. 11. Miscellaneous 11.1.If you have a question about this Privacy Policy, you can contact us via ecommerce@tractor-line.com. 11.2. All defined terms in this Privacy Policy shall have the same meaning in this Privacy Policy as is g