Terms and Conditions of Sales

1. Definition

a) "Company" means TESTO SMI SDN BHD (1165879-H).

b) "Order" means an order placed with the company for the supply of goods and services.

c) "Customer" means the person, firm, or company from whom an Order is received.

d) "Goods" means the articles, items, or services or any of them described in an Order.

e) "Contract" means the contract constituted by any Order and its acceptance.

2. Offer, Acceptance, and binding Contracts

a) By placing the order and accepting the Goods, the Customer confirms its acceptance to the terms provided and / or imposed by the Company.

b) All brochures, catalogues, manuals, and other like material are meant to be for general description of products and services of the Company and nothing contained therein shall be binding on the Company.

c) The terms of the Agreement shall supersede any prior representation that may be made by the Company.

3. Sales Prices

a) Orders may be either based on direct orders at the prices stated in the Company's current price list or based on a quotation given by the Company.

b) The prices for the products and services are quoted in Malaysian Ringgit and excludes SST, transportation / shipping costs and other charges, unless otherwise in writing.

c) All orders are made subject to the Conditions of Sale.

d) The Company reserves its right to withdraw and / or vary prices and / or quotations at any time prior to the Order being accepted by the Company. The Company further reserves the right to amend and / or change the prices up to the date of dispatch. The written order confirmations issued by the Company shall constitute acceptance by the Company to the contract and confirmation on the scope of Company’s delivery obligations. The Company further reserves the right to make any changes it deems fit including changes to the design, technical data and performance characteristics.

e) All quotations are made on the understanding that the whole of the quantity quoted for will be ordered and in the event of any changes made to the quantity quoted, the Company reserves the right to revise the prices.

4. Terms of Payment

The Customer shall make payment on all amounts due within the time stipulated in the contract, and / or not later than 30 days from the date of invoice (“due date”).

a) In the Customer fails to make payment on the due date, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

b) stop any Goods in transit, suspend further deliveries to the Customer, suspend performance of Services without any liability to the Customer

c) set off any payments made by the Customer for such of the Goods and/or the Services (or the goods or services supplied under any other contract between the Customer and the Company), as the Company may think fit.

d) charge the Customer late payment interest on the amount that remains unpaid, at the rate of one per cent (1%) per month, calculated from the date payment is due until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and/or

e) terminate the Contract and forfeit all payments made by the customer.

f) In the event where this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amounts overdue.

g) The Company reserves the right to modify and / or change the terms of payment at its absolute discretion, if in the reasonable opinion of the Company, the financial status of the Customer warrants the change to be made.

5. Payment Provider

All payments to the Company by the Customer shall be made through the service provider of the Company, the details of which are as follows:

Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, Netherlands (hereinafter "Adyen").

6. Costs of delivery

Testo Malaysia eShop orders will have free shipping within Malaysia. The Company reserves the right to make changes to this term at any time at its absolute discretion.

7. Delivery Date

a) Standard shipping: 3 - 5 working days. However, shipping times for Goods that are not in stock in the Malaysia and require ordering from Testo SE & Co. KGaA, Germany, shall be 10-12 days from placement of the order to arrive.

b) The delivery times made known to the Customer are only estimates and subject to changes and the Company shall not liable for late delivery and / or non-delivery.

c) The Company shall use its best endeavors to meet the delivery target delivery dates and shall not be liable howsoever in the event the target delivery dates are not met. The Customer undertakes not to cancel the shipment in the event the target delivery dates are not met by the Company.  

d) The Company is not liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery of the Goods or Services.

e) Unless delivery in one consignment is specifically requested, the Goods will be dispatched as they become available, and each part delivery will be treated as separate contract and invoiced separately.

8. Cancellations and Returns

8.1 Subject to clause 8.2, or unless otherwise agreed in writing by Testo SMI Sdn Bhd (“Testo”), orders placed through the webshop are not eligible for return, including goods that have been opened, are not in their original packaging, or were specially arranged or procured for the purchaser. This policy applies only to goods purchased directly from Testo. For goods purchased through third-party distributors or other suppliers, the purchaser must contact the original supplier for any returns, exchanges, or related requests.

8.2 Testo will only accept returns of goods that are damaged, faulty, or defective due to manufacturing defects, or where a return is otherwise required under Malaysian law upon receipt of delivery. Where such a return is approved, Testo will provide a replacement unit to the purchaser, subject to the conditions set out in clause 8.3.

8.3 Goods returned pursuant to clause 8.2:

a) must be returned to Testo at the purchaser’s cost and delivered to the location specified by Testo;

b) must be received by Testo within 14 days from the date the goods were first delivered to the purchaser; and

c) all requests for cancellation or return must be submitted via phone at +603 9212 5617 or email to eShop@testo.my.

8.4 Requests for order cancellation are only accepted for goods normally held in local stock and must be submitted within 24 hours from the time the order is placed. Cancellation requests received after the 24-hour period will not be accepted.

8.5 Testo does not permit changes of product or model once an order is submitted. Purchasers who intend to obtain a different product must cancel the original order within the 24-hour window under clause 8.4 and place a new order.

8.6 Orders that have been processed, packed, shipped, delivered, or that include calibration services, consumables, or specially arranged items are strictly non-cancellable and non-returnable.

8.7 Approved cancellations may be subject to a cancellation charge determined by Testo. Refunds will be processed to the original payment method within 7–14 working days, subject to the payment provider’s processing timeline. Calibration services are non-refundable.

8.8 Goods not normally held in local stock, special procurement items, or goods specifically obtained or arranged at the purchaser’s request are not eligible for cancellation or change, except where agreed in writing by Testo.

8.9 No exchange, credit, or refund is permitted for software, digital items, or service-based products, unless otherwise required by law.

9. Title and Risk

Risk shall pass to the Customer once the Company makes the delivery. In any event, the Company shall remain the owners of the Goods forming the subject of each delivery until such time full payments are made on the specified deliveries. The Customer shall not sell, pledge, assign nor in any way part with possession of the Goods forming the subject of any delivery until such time as the Company has received full payments for the Goods.

10. Warranty

a) A worldwide warranty covering for material and manufacturing defects shall be issued by SE & Co. KGaA  in respect of all its products subject to the warranty period and strict compliance by the Customer to the terms of the warranty.

b) Faults occurring during the warranty period will be rectified by Testo SE & Co. KGaA, and / or its authorized agents / dealers without any charges for labour or material but subject to the following terms:

1. Either the defective components will be replaced with new spare parts, or the entire product will be replaced according to Testo’s estimation.

2. The following are excluded from the manufactures warranty:

i. wear and tear parts (e.g. rechargeable batteries/ batteries, measuring cells, printing mechanisms) and consumables (e.g. printer paper);

ii. damage caused by:

• 1. Wrongful use and / or use that that is inconsistent with the intended purpose and / or failure to strictly comply with the instruction manual and/or the safety instructions.

• 2. lack of care, accidents, or normal wear and tear.

• 3. external influences (e.g. damage during transport, damage caused by vibration, excess heat, water, moisture or acids);

• 4. use of unsuitable accessories.

(c) This warranty shall expire if:

i. The type or serial number of the product is changed, deleted, removed or made illegible.

ii. Repairs or modifications are undertaken by third parties or unauthorized persons.

(d) The warranty shall not extend to:

i. Regular maintenance and repairs or the replacement of parts due to normal wear.

ii. The costs of packaging and transport.

iii. The costs of repairs, adjustments or similar measures taken beyond the extent of this warranty.

(e) The customer shall consult its dealer or the sales agent and / or dealer in the respective countries responsible for the warranty claim, at the addresses available at www.testo.com

(f) The Customer should enclose a brief description of the fault and the purchase receipt, indicating the delivery and purchase dates, together with the product and contact details for any inquiries.

(g) Any repairs undertaken during the warranty period shall not extend the period of warranty.

(h) The warranty claim shall not entitle the customer to make any claims against the Company for transportation, reduction in price and / or any form of compensation.

(i) The following time limits apply to instruments and accessories:

i. Instrument – a period of 24 months starting from the date from which risk passes to the Customer

ii. Probes - a period of 12 months starting from the date on which risk passes to the Customer

iii. Accessories - a period of 6 months starting from the date on which risk passes to the Customer

11. Limit of Liability

a) The Company’s limit of liability to the Customer under any circumstances, be it breach of contract and / or negligence, shall not exceed the total price of the Goods or the fee for the Services, as the case may be.

12. Confidentiality

a) The Customer shall be bound by a duty of confidentiality on the terms of the contract and product that are in their possession.

13. Termination

a) In the event that the Customer breaches any provision of these Terms and Conditions, the Company, without prejudice to any other rights or remedies that the Company may have against the Customer, will be entitled to immediately:

i. stop any Goods in transit, suspend further deliveries to the Customer, suspend performance of Services without any liability to the Customer; and/or

ii. terminate the Contract and claim for any damages that flow from the breach by the Customer.  

b) The contract shall be deemed terminated in the event of the occurrence of any of the following events by the Customer:

i. the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;

ii. the making of an administration order in relation to the Customer or the appointment of a receiver, receiver and manager, a trustee in bankruptcy, an administrator, a liquidator, a provisional liquidator or other like person over or an encumbrancer taking possession of or selling any of the Customer’s property or assets;

iii. the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

iv. the Customer ceases to be able to pay its debts as they become due;

v. the Customer ceases, or threatens to cease, to carry on business; or

vi. the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly;

c) In such an event stated in Clause 12(b) above, the Company shall, without prejudice to any other right or remedy available to the Company, be entitled to terminate the Contract immediately or suspend any further deliveries or performance under the Contract without any liability to the Customer, and if the Goods have been delivered or the Services have been performed but not paid for the price or the fee shall become immediately due and payable notwithstanding any previous agreement of arrangement to the contrary and the Company shall be entitled to recover all loss and expense occasioned by the Customer’s breach for which the Customer shall be fully liable.

14. Notices

a) All notices and other communications hereunder shall be in writing and may be delivered to or sent by prepaid registered post, and / or electronic mail to the party to whom the notice is given at the address shown herein or such other address as that party shall have previously notified to the sender or sent by electronic mail at the electronic mail address registered with the Company.

b) Every notice shall be deemed to have been received and given three (3) days after the actual date of the posting or if delivered, the date of delivery or if sent by electronic mail, the sending date.

15. Force Majeure

a) The Company will not be responsible for any failure to fulfil any term of this Contract it fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which is not within its control including strikes, lockouts, fire, explosion, any curtailment, failure or cessation of public utilities or services or of supply of the products from any of the Company's existing suppliers of any national, local port, transportation or other authority or anybody or person purporting to be or act for such authority. The Customer after notifying the Company shall be free to purchase from other suppliers any deficiency caused by the operation of this Condition.

16. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

a) This Agreement shall be governed by and construed in all respect in accordance with the Laws of Malaysia, and each party hereby submits to the exclusive jurisdiction of the Malaysian Courts.