GENERAL TERMS AND CONDITIONS OF SERVICE
STUARTS DESIGN provides its products and services to you subject to the following terms and conditions. These terms are important and should be read carefully. By accepting our quotation or upon the commencement of work — including, but not limited to, the preparation of design plans or the placement of orders for relevant materials — you are deemed to have read, understood, and agreed to these terms and conditions.
1. PREAMBLE
These Terms and Conditions shall be applicable to all contracts between us and our customers. Any variation of these terms and conditions shall be binding only if provided in writing and expressly agreed upon by us.
2. CUSTOMER’S REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that:
a. You are the rightful owner of the renovation premises or have full authority to appoint us to carry out the work and you have unrestricted right and authority to enter into this renovation contract with us;
b. The performance of the work as instructed and directed by you shall not violate any applicable governmental laws, rules or regulations or any private restrictions, covenants, or other such agreements affecting the renovation premises;
c. The premises are free of any environmental hazards or materials or substances which would cause the premises to be unsafe for us to commence or continue the work;
3. SUB-CONTRACTING
a. We may at any time assign, delegate, transfer, charge, subcontract or deal with any or all of our rights and obligations under these Terms and Conditions at our discretion, without your prior approval;
b. You shall not assign, transfer, charge, subcontract, or deal with any of your rights or obligations under this Terms and Conditions, without our prior written consent.
4. SAMPLES & DRAWINGS
While we strive to describe products and services as accurately as possible, please note that all samples, drawings, specifications, descriptive material, and illustrations provided in our promotional materials, including photos, catalogues, brochures, and on our website, are for illustrative purposes only. They are non-binding and only provide an approximation of the properties and specifications. They do not form part of the contract and do not constitute a sale by sample or description.
5. PHOTO SHOOTING AND USE OF PHOTOS
You consent to us conducting photo shoots at the renovation site during and/or upon completion of the work. You grant us the right to use these photos in our promotional materials, including but not limited to brochures, company profiles, portfolios, website, social media platforms (e.g., Facebook, Instagram), and other online media outlets, as well as in newspapers and magazines.
6. INSURANCE
a. We shall maintain adequate insurance coverage to protect against any damages, losses, or injuries that may arise during the performance of the work.
b. You shall be responsible for any additional insurance required for the premises or its contents during the course of the work.
7. DEFECTS LIABILITY PERIOD
a. A defects liability period of three (3) months from the completion of the work shall apply. During this period, we will rectify any defects or issues caused by faulty workmanship at no additional cost to you, subject to fair wear and tear.
b. This liability does not cover damage or defects caused by misuse, accidents, fair wear and tear, or alterations made by third parties after the completion of the work.
8. FORCE MAJEURE
We shall not be liable for failure or delay in performance of any obligation under the renovation contract due to causes beyond their reasonable control, including but not limited to natural disasters, acts of war, labour strikes, supply shortages, or government restrictions.
9. EXCLUSION OF LIABILITY
To the fullest extent permitted by law, we do not accept any liability for any injury, damage, loss, delay, or additional expenses arising from, or in connection with, our work, products, and/or services. This exclusion of liability extends to any direct, indirect, consequential, or incidental losses, including but not limited to any injury or damage to persons or property.
10. SEVERABILITY
The provisions of these Terms and Conditions are intended to be severable. If for any reason any of the provisions herein shall be held invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability.
11. GOVERNING LAWS
These Terms and Conditions shall be governed and construed in accordance with the law of Malaysia. The Courts having jurisdiction over our principal place of business shall have exclusive jurisdiction for any action or proceedings commenced for any breach of these Terms and Conditions.
12. NO WAIVER
The failure of either party to this Terms and Conditions to insist upon the performance of any of the terms and conditions hereof, or the waiver of any breach of any of the terms and conditions hereof, shall not be construed as thereafter waiving any such terms and conditions, unless made in writing.
13. OUR RIGHT TO VARY THESE CONDITIONS
We reserve the right to revise and amend these Terms and Conditions from time to time, at our discretion, without prior notice. Any revisions will take effect upon their publication on our website or other appropriate platforms.
14. DISCLAIMER
a. These Terms and Conditions, along with the information available on our website, are designed to provide you with sufficient details about our services, enabling you to make an informed decision about whether to engage with us.
b. We do not accept responsibility for or have any control over websites or advertisements that link to or from our website.
c. No oral or written advice or information provided by us, our employees, or agents shall be construed as a warranty. Customers should not rely on any such advice or information as a guarantee of the quality or outcome of our services.