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Terms and Conditions

1. CONTRACTING PARTIES

a) The term “Fausto” refers to Fausto Group Sdn Bhd (Company No. 202401030726 [1576575-K]), including its subsidiaries, affiliates, and any legal successors.

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b) The term “Client” refers to any individual or entity:

  • Who places an order that Fausto accepts, or

  • Who enters into any commercial agreement involving the sale or delivery of goods and/or services by Fausto.

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c) The term "Goods" or "Products" shall refer to any products, components, or materials supplied, or to be supplied, by Fausto to the Client under the terms of a confirmed contract or purchase agreement.

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d) Definition of “Contract” shall be deemed established once Fausto provides written confirmation of the Client’s order - this may be in the form of an order confirmation, delivery note, or any other written acceptance.

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Unless explicitly agreed upon in writing by Fausto, this Contract shall be governed by Fausto’s standard Terms and Conditions. Any conflicting or deviating terms proposed by the Client shall be considered null and void unless expressly accepted in writing.

No changes or amendments to the Contract shall be valid unless mutually agreed upon and documented in writing by both parties.

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e) The term "Writing" shall refer to electronic data interchange, electronic mail, telex, cable, facsimile transmission and comparable means of communication.

2. BASIS OF THE SALE

a) The sale of products by Fausto and the corresponding purchase by the Client shall be based on:

  • A written quotation provided by Fausto that is accepted by the Client, or

  • A written purchase order issued by the Client that is formally accepted by Fausto

 

b) In either scenario, the transaction will be governed solely by these Terms and Conditions.

 

c) Any other terms - whether included in the Client’s purchase documents or referenced during negotiations - shall be deemed void unless specifically agreed to in writing by Fausto.

3. DELIVERY AND RETURN

a) Delivery timelines provided by Fausto are approximate and shared in good faith, but are not guaranteed. Fausto shall not be liable for any direct or indirect losses or damages arising from delays or failure in delivery. Time of delivery shall not be considered a fundamental condition of the Contract.

 

b) The Client shall, if required by Fausto, accept delivery by instalments but shall not be entitled to request delivery by instalments. Where the Goods are delivered in instalments, each part or instalment of delivery shall be deemed to be the subject of an independent Contract, and delay in delivery of any such part or instalment delivery shall not entitle the Client to repudiate the Contract with regard to any part or instalment deliveries remaining deliverable.

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c) In the case where only part of an order is fulfilled, Fausto reserves the right to invoice proportionally for the Goods that have been delivered. This shall not affect any other rights or remedies available to Fausto, particularly in situations where the incomplete fulfillment results from actions or omissions on the part of the Client.

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d) Requests for return or whether for exchange or credit must be submitted within seven (7) days from the invoice date. All approved returns are subject to a restocking fee of 25% based on the original quoted price of the returned Products, which shall be borne by the Client.

4. PRODUCT DISCONTINUANCE

a) The Products will be delivered in accordance with the specifications detailed in Fausto's quotation.

 

b) However, Fausto reserves the right to alter or discontinue the supply of any Product line at its discretion. Such changes shall not affect any orders already accepted and confirmed prior to the modification or discontinuation; those confirmed orders will still be fulfilled as originally agreed.

5. PAYMENT

a) The Client shall pay for the Products at the price specified in Fausto’s quotation. This price excludes any applicable goods and services tax, which shall be borne by the Client in addition to the quoted amount. Unless otherwise stated on the invoice, all payments must be made in full within 30 days from the invoice date.

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b) In the event the Client does not remit payment to Fausto on the due date, then without prejudice to any other right or remedy available:

  • Interest will be charged on the overdue amount on a daily basis, calculated at an annual rate of 5%, starting from the due date until the payment is fully received; and

  • The Client shall bear full responsibility for reimbursing Fausto for any and all expenses incurred in the recovery of the outstanding sum, including legal fees and associated collection costs.​

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c) Fausto reserves the right, at its sole discretion, to modify or revoke any credit terms extended to the Client. Should Fausto determine based on the Client’s payment performance or financial standing that such action is justified, it may:

  • Cancel any existing purchase orders;

  • Withhold or postpone future deliveries; and/or

  • Adjust or suspend the Client’s credit facilities.

 

Such measures may be taken without incurring liability to the Client.

6. WARRANTY

a) The warranty for all Goods is valid for one (1) year from the date of delivery.

 

b) This warranty strictly applies to failures of electrical components and excludes any mechanical damage, misuse, or damage caused by operation outside the prescribed mounting instructions and technical specifications.

 

c) All items under warranty claim must be returned to Fausto for inspection and failure analysis; decisions made by Fausto regarding such claims shall be final.

 

d) Claims for non-returned parts will not be honored. If a warranty claim is approved, Fausto will issue a credit note for the replacement parts only. Liability for indirect losses including, but not limited to, loss of profits, production, goodwill, or revenue is expressly excluded.

 

e) Furthermore, any modifications or repairs carried out by the Client or any third party will result in the immediate termination of all warranty coverage. Fausto shall not be responsible for any claims made after the warranty period has lapsed.

7. WARRANTY CLAIM

a) Warranty claims must be submitted to Fausto within 30 days from the date of failure. The defective item(s) must be shipped to Fausto for evaluation.

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b) Upon receipt, Fausto will conduct a thorough investigation to determine the root cause of the failure and verify whether the issue falls within the warranty coverage.

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c) If a confirmed failure report is issued, Fausto will recommend appropriate corrective actions to the Client, intended to mitigate future occurrences and support operational best practices.

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d) The Client is expected to provide adequate cooperation and time, allowing Fausto the opportunity to perform necessary corrective actions. Any refusal to permit such action or unreasonable delays may void Fausto’s liability.

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e) Credit notes, if applicable, will be issued only after completion of the failure investigation and determination of the warranty status.

8. FORCE MAJEURE

Fausto shall not be held responsible for any failure or delay in the delivery of Goods or the performance of any contractual obligations due to events beyond its reasonable control. These may include, but are not limited to:

  • War, threats of war, or acts of hostility

  • Riots, civil disturbances, or industrial actions (including strikes, lockouts, or labor disputes, whether official or not)

  • Governmental actions, regulations, or legislative changes

  • Sabotage, vandalism, theft, or accidents

  • Unavailability of transportation or essential resources

  • Natural disasters such as earthquakes, floods, storms, or other Acts of God

  • Fire or other unforeseeable incidents

9. GENERAL

a) Any formal notice or communication under these Conditions must be made in writing and delivered to the recipient’s registered office (or any other address notified in writing) by one of the following methods:

  • By hand or personal courier, deemed received on the date of delivery.

  • By certified post, deemed received on the third business day after posting.

  • By facsimile, deemed received on the date of transmission.

 

b) A delay or failure by either party to enforce any provision of these Conditions shall not constitute a waiver of that or any other right. Partial enforcement of any right shall not prevent further enforcement of the same or any other right.​

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c) Should any provision of these Conditions be found to be illegal, invalid, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, unaffected by such finding.

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d) These Conditions shall prevail over any terms or conditions stated in the Client’s purchase orders or other documents, unless explicitly agreed to and confirmed in writing by Fausto.

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e) These Conditions shall be governed by and interpreted in accordance with the laws of Malaysia.

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