All stated above are subject to Terms and Condition.
1.1 In these Terms and Conditions unless the context otherwise requires:
(a) Clause means a clause of these Terms and Conditions.
(b) Equipment means the Equipment supplied to Customer by KITAMENl from time to
(c) Force Majeure means an act, omission or circumstance over which KITAMEN could
not have reasonably exercised control.
(d) Delivery Advice means the attached Delivery Advice.
(e) Party means a Party to these Terms and Conditions and its successors, trustees and permitted
(f) Rental Period means the period commencing on the date of delivery of Equipment or
Commencement Date, whichever is the later; and concluding on the later of:(i) 3:00 pm on
(g) Terms and Conditions means these Terms and Conditions.
(h) KITAMEN is defined as KITAMEN
2.1 In the Interpretation of these Terms and Conditions unless the context otherwise requires:
(a) Words denoting a person shall include corporations, statutory corporations, partnerships, joint
ventures, associations, boards, governments or semi-government agencies or authorities.
(b) Words denoting the singular number shall include the plural number and vice versa.
(c) Words denoting any gender shall include all other genders.
(d) A reference to a statute or a regulation also refers to any statute or regulation amending, or
consolidating or re-enacting same.
(e) Money references are references to RINGGIT MALAYSIA.
(f) Headings used in this Terms and Conditions are for convenience and ease of reference only,
and are not part of these Terms and Conditions and shall not be relevant or affect the meaning or
Interpretation of these Terms and Conditions.
(g) Every obligation, covenant, agreement, condition express or implied in these Terms and
Conditions and entered into by more than one Party shall bind them jointly and each of them
(h) If any provision or part provision of these Terms and Conditions is held invalid, unenforceable
or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from
such provision or part provision, which shall be deemed deleted.
(i) These Terms and Conditions take precedence over any quotation or any
other agreement, verbal or written.
3.1 KITAMEN shall provide Equipment for duration of the Rental Period.
3.2 Provided that Customer has not breached any provision of these Terms and Conditions,
Rental Period may be extended at the request of Customer at the sole discretion of KITAMEN
3.3 In the event that the Equipment is not returned by the expiration of the Rental Period then at
the sole option of KITAMEN a further fee shall become due and payable and such shall
continue to accrue on the expiration of the renewed Rental Period until the Equipment is returned.
In the event that Equipment is returned prior to the expiration of the Rental Period or any extended
Rental Period then KITAMENl may give a rebate on the Hire Fees but is not obliged to do
so. No claim shall be made or maintainable if KITAMEN determines not to give a rebate.
Nothing in this Sub-clause shall oblige KITAMEN to so extend a Rental Period.
3.4 The Customer acknowledges that all delivery and collection times are approximate and late
delivery or collection shall not entitle the Customer to terminate this agreement or claim any other
form of release against KITAMEN
4. Customer’s Obligations
4.1 Customer shall:
(a) pay KITAMEN all fees and charges payable including without limitation, Hire Fees,
Service Fees, Delivery Costs, Collection Costs and Consumables where applicable as stated in the quotation
(b) If self collect and return, they shall collect and return Equipment from and to the Delivery Address in a method approved by KITAMEN. In particular, but without limitation, Customer shall not post Equipment.
(c) make all appropriate enquiries about Equipment’s fitness for the purposes for which it is hired or
used by Customer and shall determine whether Equipment is fit for that purpose and is in a
condition suitable for use.
(d) use Equipment only for the purpose for which it is manufactured or designed and in accordance
with the manufacturer’s instructions.
(e) keep Equipment insured and be responsible for any loss or damage to the Equipment, either by
fire, theft, vandalism, weather conditions, flood, water or any eventuality whatsoever and shall
indemnify KITAMEN and hold KITAMEN harmless for any loss or damage in fact
suffered other than through fair wear and tear in the normal course of use.
(f) clean the Equipment and return it to KITAMEN in a clean condition, properly
maintained in accordance with the manufacturer’s recommendations.
(g) not sell, charge, pledge or part with possession of Equipment;
(h) keep Equipment at the address specified unless written permission has been obtained from
KITAMEN to relocate Equipment elsewhere;
(i) keep Equipment in a careful and proper manner and not interfere or tamper with or let anyone
else do so;
(j) return Equipment in the same packaging as delivery was made in. KITAMEN reserves
the right to charge for packaging materials that are not returned.
(k) permit KITAMEN its agents or servants to enter the premises where Equipment is
located at all reasonable times in order to inspect Equipment or carry out repairs to Equipment.
5.1 Risk for the Equipment passes to the Customer when the Equipment leaves the premises of
KITAMENl and ceases when the Equipment is delivered into the safe possession of KITAMENl at the premises.
5.2 Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any
loss, theft, damage or destruction of Equipment.
5.3 In the event that the Equipment requires repair as a result of Customer’s negligence, misuse or
abuse, Customer shall bear cost of any such repair including any freight charges.
5.4 Customer shall pay KITAMEN the new replacement cost as assessed by KITAMEN
of the Equipment which is lost, stolen, destroyed or damaged beyond repair.
5.5 Customer shall pay KITAMEN a reasonable refurbishing fee in the event that
ownership labels, or other notices affixed to Equipment are removed or defaced.
5.6 Any item of non-expendable material (including operations manuals) not returned to KITAMEN
upon cessation of the Rental Period shall be charged to the account of the Customer
at full replacement cost or RM50 which ever shall be the greater amount.
6.1 KITAMEN shall at its expense provide routine maintenance and recalibration for
Equipment and shall use its best endeavours to expeditiously repair or replace Equipment which
becomes defective during the Rental Period through no fault of the Customer.
6.2 In the event that the Equipment does not operate properly Customer shall immediately notify
KITAMEN and request instructions before taking remedial action.
6.3 KITAMEN may at its option and for such length of time as it deems expedient replace
Equipment with another of such type or model as shall for the time being be available
and Equipment so substituted shall be subject to these Terms and Conditions. (a) KITAMEN
shall not be liable if the defect is a result of: (i) Improper use; (ii) operation of Equipment
other than in accordance with the operating manual; (iii) modification of Equipment; (iv) use of
Equipment in an environment other than that for which it was designed; (v) use of Equipment by a
person other than Customer; (vi) Customer’s failure to allow maintenance of Equipment;
(vii) The serial number or labels being removed or replaced.
7. Limited Warranty and Exclusion of Liabilty
7.1 KITAMEN warrants that each item of Equipment hired is of merchantable quality and
reasonably fit for the purpose for which it was designed. All other warranties whether express, implied,
statutory or otherwise, relating in any way to the subject matter of these Terms and Conditions are
7.2 Where legislation implies in these Terms and Conditions any condition or warranty and that
legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the
exercise of or liability under such term, such term shall be deemed to be included in these Terms and
Conditions. However, the liability of KITAMEN for any breach of such term shall be limited,
at the option of KITAMEN, to any one or more of the following:
(a) if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the
repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods;
or the payment of the cost of having the goods repaired; and
(b) if the breach relates to services the supplying of the services again; or the payment of the cost of
having the services supplied again.
7.3 Subject only to Clause 7.2, KITAMEN shall not be under any liability to Customer in
respect of any loss or damage (including, without limitation, consequential loss or damage) however
caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the
supply of goods or services pursuant to these Terms and Conditions or the failure or omission on the
part of KITAMEN to comply with its obligations under these Terms and Conditions
including, without limitation, negligence.
8. Purchase of Equipment
8.1 In the event that the Customer seeks to purchase the Equipment and KITAMEN agrees
to sell the Equipment the property therein shall not pass until and unless all Hire Fees and the
purchase price have been received by KITAMEN and the payments shall be applied first in
reduction of Hire Fees and second on account of the purchase price. Hire Fees shall continue to
accrue until the full purchase price has been paid.
10. Force Majeure
10.1 KITAMEN shall not be liable for any delay or failure to perform its obligations if such a
failure or delay is due to Force Majeure.
11.1 No right of KITAMEN shall be deemed to be waived except by notice in writing from
11.2 Any failure by KITAMEN to enforce any clause of these Terms and Conditions, or any
forbearance, delay or indulgence granted by a Party will not be construed as a waiver of KITAMEN rights.
12.1 Notices under these Terms and Conditions may be delivered by hand, by mail, facsimile or email
to the address set out in the Delivery Docket.
12.2 Notices shall be deemed given, in the case of:
(a) hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised
employee, agent or representative of the receiving Party;
(b) posting, three days after dispatch;
(c) facsimile, upon completion of transmission; and
(d) e-mail, immediately after dispatch.
13.1 Customer shall pay KITAMEN the Hire Fees on delivery, in advance or within 7 days of
invoice (unless specified otherwise in Delivery Docket) without withholding, deduction or offset of any
amounts for any purpose.
13.2 KITAMEN may increase its Hire Fees at any time upon thirty (30) days’ notice to
13.3 Except to the extent stated to the contrary in a Delivery Docket, Hire Fees are exclusive of
taxes, duties, fees or other government levies or charges which may be imposed on or in respect of
the Equipment. Such taxes, duties, fees or other government charges shall to the extent permissible
by law be paid by Customer to KITAMEN.
13.4 Customer shall pay KITAMEN interest at the Penalty Interest Rate on all overdue
amounts from the due date until payment is made.
13.5 If any payment owing to KITAMEN is not made within seven (7) days of the due date,
KITAMEN may, without further notice to Customer, suspend further services or its
remaining obligations to Customer under these Terms and Conditions.
14.1 Without limiting the generality of any other clause in these Terms and Conditions, KITAMEN may terminate these Terms and Conditions or any Delivery Docket immediately by
notice in writing if:
(a) any payment due from Customer to KITAMEN pursuant to these Terms and
Conditions remains unpaid for a period of seven (7) days;
(b) Customer breaches any provision of these Terms and Conditions and such breach is not
remedied immediately upon receipt of notice by KITAMEN as defined by clause 12 herein;
(c) Customer is otherwise no longer capable of complying with its obligations under these Terms and
(d) Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any
form of insolvency administration; Customer, being a partnership, dissolves, threatens or resolves to
dissolve or is in jeopardy of dissolving; Customer being a natural person, dies; or Customer ceases
or threatens to cease conducting its business in the normal manner.
14.2 If these Terms and Conditions or any Delivery Docket is terminated then KITAMEN
may in its sole discretion:
(a) retain all moneys paid, which is agreed to be a genuine estimate of part of KITAMEN’s
loss and damage suffered;
(b) charge a reasonable sum for Equipment supplied in respect of which no sum has been previously
(c) be regarded as discharged from any further obligations under these Terms and Conditions; and
(d) enter upon the premises of Customer, the consent to which is hereby granted by Customer, and
repossess the Equipment. All such reasonable costs of repossession are the responsibility of
Customer and shall be added to Hire Fees.
(e) pursue any additional or alternative remedies provided by law.
14.3 The covenants, conditions and provisions of these Terms and Conditions which are capable of
having effect after the expiration of these Terms and Conditions shall remain in full force and effect
following the expiration of the Terms and Conditions.
15. Entire Agreement
15.1 These Terms and Conditions constitute the entire agreement between the parties for the
subject matter referred to in these Terms and Conditions. Any prior arrangements, including without
limitation, verbal arrangements, agreements, representations or undertakings are superseded.
15.2 No modification, variation or alteration of any provision of these Terms and Conditions shall be
valid except in writing signed by each Party.
16. Governing Law
16.1 These Terms and Conditions will be governed by and construed according to the law of Malaysia