Trading Terms Agreement
Please find detailed below the trading terms between KC Distribution Sdn Bhd (“Distributor”) and Store Name (“You”).
This letter is to be read in conjunction with the terms and conditions of sale as set out on the attached Connections Standard Terms and Conditions of Sale. In the event of any conflict between these documents, the terms and conditions specified in this letter shall apply.
1. Pricing
Pricing for products are strictly based on the product Offer sheets sent by us during the pre-orders period. The Distributor reserves the right to amend at any time with no prior notice.
2. Settlement Terms
As per “PAYMENT METHODS” in the Offer Sheets.
3. Delivery
The minimum order value is MYR 3,000.00 at Invoice Value (Refer “ORDER MINIMUMS” in Offer sheets) unless otherwise expressly waived by Distributor in writing. All Sale Terms are on EXW basis (Ex-Works). All deliveries within Malaysia are free.
Deliveries Claims made by you for damaged, missing or incorrectly priced goods must be notified to the Distributor’s sales representative within 7 days from date of invoice.
4. Pricing Adjustments
All price adjustments will be notified in writing 1 day prior to their effective date. GST will be charged if applicable and prices quoted are exclusive of GST
5. Stock Returns
Subject to the Distributor’s obligations at law (including under the Malaysian Consumer Law):
(a) All stock is sold on a firm sale basis.
(b) No returns will be accepted by the Distributor without the written authorization by the Distributor’s sales representative;
and
(c) No returns will be accepted back freight forward.
6. Confidentiality Policy
In the course of conducting business with the Distributor, you will on occasion be privy to information including, but not limited to, the Distributor & its partners’ products, know-how, research, prospective licensees, game designs, rules and playing strategies, customer lists, supplier lists, marketing plans, financial information, costs or pricing information and release dates. Any such information is deemed confidential and not for dissemination to any unauthorized parties unless specifically identified in writing. Please be advised that the Distributor takes all breaches of our confidentiality policy seriously. All allegations will be investigated thoroughly, and any retailer found to be in breach of this policy will face repercussions including, but not limited to, delayed stock availability, exclusion from offered discounts and/or exclusion from promotional programs.
7. Release Date Policy
Our price list distinguishes between strict Release Dates and On Shelf Months.
New product assigned a Release Date may not be displayed or sold prior to the Release Date.
New product assigned an On Shelf Month may be displayed and sold anytime from the beginning of the assigned month as soon as you receive your stock.
Please be advised that the Distributor takes all breaches of our Release Date policy seriously. All allegations will be investigated thoroughly and any retailer found to be in breach of this policy will face repercussions including, but not limited to, delayed stock availability, exclusion from pre-order discounts and/or exclusion from promotional programs.
8. Channel
All Distributor products (the “Products”) must be purchased for retail sale to End Users (as defined below). You may not sell or otherwise transfer Products to anyone other than an End User, including but not limited to distributors, sub-distributors or mail order businesses. An “End User” means a person who purchases products for personal use and not for the purposes of resale, barter, or exchange.
9. Payments
Payment can be made directly to our Account as below:
Bank name: United Overseas Bank Berhad
Account name: KC Distribution Sdn. Bhd
Account number: 608-301-798-5
10. Final Claim Date
(a) You must file your claims for any price variations within 7 days from the date of invoice.
(b) If you fail to make a claim for a price variation within 7 days from the date of invoice, in accordance with (a) you forfeit the right to make such a claim and releases the Distributor from obligation to pay such claims
11. Territory
You will not actively distribute, market, sell or otherwise transfer the Distributor’s Products outside of Malaysia, nor actively distribute, market, sell or otherwise transfer the Distributor’s Products to any party that you know or should reasonably know intends to distribute, market, sell or otherwise transfer the Distributor’s Products to parties outside of Malaysia or has previously distributed, marketed, sold or otherwise transferred the Distributor’s Products to parties outside of Malaysia.
12. Repacking
You may not repackage the Distributor products prior to sales. Any repacking requires our prior written approval.
13. Operating Hours
Store/s to remain open to public at least five (5) days a week (including Fridays except major holidays) with operating hours that is reasonable as a retail establishment.
14. Merchandising
To provide prominent and adequate in-store display space for the Distributor’s Products and to merchandise our products neatly at all times. To use all marketing, advertising or POP materials provided only the way it is intended to.
15. Branded Play Programs
To run-in-stores events and to participate actively in offered the Distributor’s Organised Play Programs.
16. Agreement
You agree that the trading terms set out in this letter together with the Distributor’s Standard Terms and Conditions of Sales, once accepted by the parties, supersede any prior agreement between the parties, whether written or oral and that there are no representations, warranties, conditions, terms or obligations between the parties, whether written or oral, express or implied by custom or otherwise other than those contained herein.