Terms & Conditions


Coleman Malaysia Website

 

The use of Coleman Malaysia's website is subject to the termsand conditions set forth below. Any use of such website constitutes the user'sagreement to abide by the following terms and conditions. If you do not agreeto these Terms and Conditions of use, you shall not use this website. The Sitereserves the right, to change, modify, add, or remove portions of these Termsand Conditions of use at any time. Changes will be effective when posted on theSite with no other notice provided. Please check these Terms and Conditions ofuse regularly for updates. Your continued use of the Site following the postingof changes to these Terms and Conditions of use constitutes your acceptance ofthose changes.

 

Intellectual Property

 

      Coleman Malaysia's website content ("Coleman Malaysia's Website Content") is theproperty of Coleman Malaysia and protected bycopyright and other intellectual property laws. All trade names, trademarks andother logos on Coleman Malaysia's website areproprietary to their respective owners and are protected by applicabletrademark and copyright laws.

 

      Coleman Malaysia's Website Content includes but isnot limited to annual and quarterly reports, financial data, various write-upsand reports, links to other websites, opinions, text, data, images, photos,graphics, graphs, charts, animations, multimedia and interactive displays onthe website.

 

      None of ColemanMalaysia's Website Content may be copied or otherwise reproduced,repackaged, further transmitted, transferred, disseminated, redistributed orresold, or stored for subsequent use for any such purpose, in whole or in part,in any form or manner or by any means whatsoever, by any person without Coleman Malaysia's prior written consent.

 

      Nothing contained on Coleman Malaysia's Website should be construed asgranting any license or right to use any of the names, trademarks and otherlogos displayed on the Website without the express written permission of Coleman Malaysia.

 

             

Disclaimer

 

      The website may containforward-looking statements which are based on ColemanMalaysia's current expectations, forecasts and assumptions based onmanagement's good faith expectations and belief concerning future developments.In some cases forward-looking statements may be identified by forward-lookingwords like "would", "intend", "hope","will", "may”, “should", "expect","anticipate", "believe", "estimate","predict", "continue", or similar words. Forward-lookingstatements involve risks and uncertainties which could cause actual outcomesand results to differ materially from ColemanMalaysia's expectations, forecasts and assumptions. We caution thatthese forward-looking statements are not statements of historical facts and aresubject to risks and uncertainties not in the control of Coleman Malaysia, including, without limitation,economic, competitive, governmental, regulatory, technological and otherfactors that may affect Coleman Malaysia'soperations. Unless otherwise required by law, ColemanMalaysia disclaims any intention or obligation to update or revise anyforward-looking statements, whether as a result of new information, futureevents, or otherwise. Although we believe the expectations reflected inforward-looking statements are reasonable we cannot guarantee future results,levels of activity, performance or achievements.

 

      Coleman Malaysia's Website Content is provided on an"as is" basis, without any warranties. Due to the number of sourcesfrom which Coleman Malaysia's Website Contentis obtained, and the potential hazards of electronic distribution, there may bedelays, ommissions or inaccuracies in ColemanMalaysia's Website Content.

 

      Coleman Malaysia does not make any guarantee orwarranty as to the accuracy or completeness of or results to be obtained fromaccessing and using Coleman Malaysia'sWebsite Content, nor any material that can be accessed through Coleman Malaysia's website.

 

      Coleman Malaysia and on behalf of Coleman Malaysia's officers and employees disclaimany and all warranties, and exclude liability for any losses and expenses ofwhatever nature and howsoever arising, including without limitation to losttime, lost money, lost profits or good will, claims of third parties or otherlosses of any kind or character.

 

 

 GST

·        GST will be implementedin Malaysia with effect from 1 April 2015 at the rate of 6%. It will replacethe existing sales tax and service tax. Prices of items and services providedby Coleman Malaysia, being GST registered company, will include GST of 6% whereapplicable.

 

·        Please refer to the GST Act 2014 published inthe gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June2014. GST is under the jurisdiction of the Royal Malaysian Customs Department(“Customs Department”)

 

             

Prohibited Conducts

 

You agree thatyou shall not:

      directly or indirectly attempt oractually disrupt, impair or interfere with, alter or modify Coleman Malaysia's Website Content;

      resell or redistribute Coleman Malaysia's Website Content or any partthereof.


Terms of Use

1.    Interpretation

 

1.1 In these Conditions:

"Buyer" means the person who accepts a quotationof Coleman Malaysia for the supply of Goods or who otherwise enters into acontract for the supply of Goods with Coleman Malaysia;

"Conditions" mean the general terms and conditionsset out in this document and (unless the context otherwise requires) anyspecial terms and conditions agreed in writing between the Buyer and ColemanMalaysia;

"Contract" means the contract for the purchase andsale of Goods, howsoever formed or concluded;

"Goods" means the goods (including any installmentof the goods or any parts for them) which Coleman Malaysia is to supply inaccordance with a Contract;

"Writing" includes electronic mail facsimiletransmission and any comparable means of communication.

“Coleman Malaysia” means Dynamic Infinity Marketing Sdn Bhd,a company incorporated in Malaysia under registration number 489038-U.

 

1.2  Anyreference in these Conditions to any provision of a statute shall be construedas a reference to that provision as amended re-enacted or extended at therelevant time.

 

1.3  Theheadings in these Conditions are for convenience only and shall not affect theinterpretation of any parties.

 

2.   Basisof the Contract

 

2.1 The supply of Goods by Coleman Malaysia to the Buyerunder any Contract shall be subjected to these Conditions which shall governthe Contract to the exclusion of any other terms and conditions contained orreferred to in any documentation submitted by the Buyer or in correspondence orelsewhere or implied by trade custom practice or course of dealing.

 

2.2 Any information made available in Coleman Malaysiawebsite connection with the supply of Goods, including photographs, drawings,data about the extent of the delivery, appearance, performance, dimensions,weight, consumption of operating materials, operating costs, are not bindingand for information purposes only. In entering into the Contract the Buyeracknowledges that it does not rely on and waives any claim based on any suchrepresentations or information not so confirmed.

 

2.3 No variation to these Conditions shall be binding unlessagreed in writing between the authorised representatives of the Buyer andColeman Malaysia.

 

2.4 Any typographical clerical or other error or omission inany quotation, invoice or other document or information issued by ColemanMalaysia in its website shall be subject to correction without any liability onthe part of Coleman Malaysia.

 

3. Orders andSpecifications

3.1 Order acceptance and completion of the contract betweenthe Buyer and Coleman Malaysia will only be completed upon Coleman Malaysiaissuing a confirmation of dispatch of the Goods to the Buyer. For the avoidanceof doubt, Coleman Malaysia shall be entitled to refuse or cancel any orderwithout giving any reasons for the same to the Buyer prior to issue of theconfirmation of dispatch. Coleman Malaysia shall furthermore be entitled torequire the Buyer to furnish Coleman Malaysia with contact and otherverification information, including but not limited to address, contact numbersprior to issuing a confirmation of dispatch.

 

3.2 No concluded Contract may be modified or cancelled bythe Buyer except with the agreement in writing of Coleman Malaysia and on termsthat the Buyer shall indemnify Coleman Malaysia in full against all loss(including loss of profit) costs (including the cost of all labour andmaterials used) damages charges and expenses incurred by Coleman Malaysia as aresult of the modification or cancellation, as the case may be.

 

4. Price

The price of the Goods and/or Services shall be the pricestated in Coleman Malaysia’s website at the time which the Buyer makes itsoffer purchase to Coleman Malaysia. The price excludes the cost of packagingand delivery charges, any applicable goods and services tax, value added tax orsimilar tax which the Buyer shall be liable to pay to Coleman Malaysia inaddition to the price.

 

5. Terms ofPayment

5.1 The Buyer shall be entitled to make payment for theGoods pursuant to the various payment methods set out in Coleman Malaysia’swebsite. The terms and conditions applicable to each type of payment, ascontained in Coleman Malaysia's website, shall be applicable to the Contract.

 

5.2 In addition to any additional terms contained in ColemanMalaysia’s website, the following terms shall also apply to the following typesof payment:

 

5.2.1 Credit Card

Credit Card payment is possible for all Buyers. When theBuyer places an order with Credit Card on the Coleman Malaysia website, thetransaction is handled by iPay88. This system is certified and allows ColemanMalaysia to accept payments such as Visa and MasterCard and. All credit cardnumbers shall be protected by means of industry-leading encryption standards.

 

5.2.2 Debit Cards

Coleman Malaysia accepts all Malaysian Visa and MasterCarddebit cards where subject to bank availability. All debit card numbers shall beprotected by means of industry-leading encryption standards.

 

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transferthe payment for the Goods to a Coleman Malaysia’s account for the total amountof the Buyer’s purchase (including any applicable taxes, fees and shippingcosts). The transaction must be payable in Ringgit Malaysia. Coleman Malaysia,in its sole discretion, may refuse this payment option service to anyone or anyuser without notice for any reason at any time.

ii. For the time being, Coleman Malaysia accepts online banktransfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank,RHB via iPay88.

 

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the addressspecified by the Buyer in its order.

 

6.2 Coleman Malaysia has the right at any time tosub-contract all or any of its obligations for the sale/delivery of the Goodsto any other party as it may from time to time decide without giving notice ofthe same to the Buyer.

 

6.3 Any dates quoted for delivery of the Goods areapproximate only. The time for delivery/performance shall not be of theessence, and Coleman Malaysia shall not be liable for any delay in delivery orperformance howsoever caused.

 

6.4 If Coleman Malaysia has failed to deliver the Goods inaccordance with the Contract or within a reasonable time, the Buyer shall beentitled, by serving written notice on Coleman Malaysia, to demand performancewithin a specified time thereafter, which shall be at least 14 days. If ColemanMalaysia fails to do so within the specified time, the Buyer shall be entitledto terminate the Contract in respect of the undelivered Goods and claimcompensation for actual loss and expense sustained as a result of ColemanMalaysia’s non-performance, which was foreseeable at the time of conclusion ofthe Contract and resulting from the usual course of events, subject always tothe limitations set out in Condition 12.4.

 

6.5 If the Buyer fails to take delivery of the Goods(otherwise than by reason of any cause beyond the Buyer's reasonable control orby reason of Coleman Malaysia's fault) then without prejudice to any otherright or remedy available to Coleman Malaysia, Coleman Malaysia may:

6.5.1 sell the Goods at the best price readily obtainableand (after deducting all reasonable storage and selling expenses) account tothe Buyer for the excess over the price under the Contract provided the pricehas been paid in cleared funds in full or charge the Buyer for any shortfallbelow the price under the Contract; or

 

6.5.2 Terminate the Contract and claim damages.

 

7. Risk andproperty of the Goods

 

7.1 Risk of damage to or loss of the Goods shall pass to theBuyer at the time of delivery or if the Buyer wrongfully fails to take deliveryof the Goods, the time when Coleman Malaysia has tendered delivery of theGoods.

 

7.2 Notwithstanding delivery and the passing of risk in theGoods or any other provision of these Conditions the property in the Goodsshall not pass to the Buyer until Coleman Malaysia has received in cash orcleared funds payment in full of the price of the Goods and all other goodsagreed to be sold by Coleman Malaysia to the Buyer for which payment is thendue.

 

7.3 Until such time as the property in the Goods passes tothe Buyer, the Buyer shall hold the Goods as Coleman Malaysia's fiduciary agentand bailee and shall keep the Goods separate from those of the Buyer.

 

7.4 The Buyer agrees with Coleman Malaysia that the Buyershall immediately notify Coleman Malaysia of any matter from time to timeaffecting Coleman Malaysia’s title to the Goods and the Buyer shall provideColeman Malaysia with any in-formation relating to the Goods as ColemanMalaysia may require from time to time.

 

7.5 Until such time as the property in the Goods passes tothe Buyer (and provided the Goods are still in existence and have not beenresold) Coleman Malaysia shall be entitled at any time to demand the Buyer todeliver up the Goods to Coleman Malaysia and in the event of non-complianceColeman Malaysia reserves it’s right to take legal action against the Buyer forthe delivery up the Goods and also reserves its right to seek damages and allother costs including but not limited to legal fees against the Buyer.

 

7.6 The Buyer shall not be entitled to pledge or in any waycharge by way of security for any indebtedness any of the Goods which remainthe property of Coleman Malaysia but if the Buyer does so all moneys owing bythe Buyer to Coleman Malaysia shall (without prejudice to any other right orremedy of Coleman Malaysia) forthwith become due and payable.

 

7.8 If the provisions in this Condition 7 are not effectiveaccording to the law of the country in which the Goods are located, the legalconcept closest in nature to retention of title in that country shall be deemedto apply mutatis mutandis to give effect to the underlying intent expressed inthis condition, and the Buyer shall take all steps necessary to give effect to thesame.

 

7.9 The Buyer shall indemnify Coleman Malaysia against allloss damages costs expenses and legal fees incurred by the Buyer in connectionwith the assertion and enforcement of Coleman Malaysia's rights under thiscondition.

 

8. Warranties andRemedies

8.1 Subject as expressly provided in these Conditions allother warranties conditions or terms, including those implied by statute orcommon law, are excluded to the fullest extent permitted by law.

 

8.2 Subject to this Condition 8, Coleman Malaysia warrantsthat the Goods will correspond with their specification at the time ofdelivery, and agrees to remedy any non-conformity therein for a period of 12months commencing from the date on which the Goods are delivered or deemed tobe delivered ("Warranty Period"). Where the Buyer is dealing as aconsumer (within the meaning of the Sale of Goods Act and the ConsumerProtection Act), Coleman Malaysia further gives to the Buyer such impliedwarranties as cannot be excluded by law.

 

8.2.1 Coleman Malaysia’s above warranty concerning the Goodsis given subject to the following conditions:

(a) No condition is made or to be implied nor is anywarranty given or to be implied as to the life or wear of the Goods supplied orthat they will be suitable for any particular purpose or use under any specificconditions, notwithstanding that such purpose or conditions may be known ormade known to Coleman Malaysia.

(b) Any description given of the Goods is given by way ofidentification only and the use of such description shall not constitute a saleby description.

(c) Coleman Malaysia binds itself only to deliver Goods inaccordance with the general description under which they were sold, whether ornot any special or particular description shall have been given or shall beimplied by law. Any such special or particular description shall be taken onlyas the expression of Coleman Malaysia's opinion in that behalf. ColemanMalaysia does not give any warranty as to the quality state condition orfitness of the Goods.

(d) Coleman Malaysia shall be under no liability for thefollowing measures and actions taken by the Buyer or third parties and theconsequences thereof: improper remedy of defects, alteration of the Goodswithout the prior agreement of Coleman Malaysia, addition and insertion ofparts, in particular of spare parts which do not come from Coleman Malaysia.

(e) Coleman Malaysia shall be under no liability in respectof any defect arising from unsuitable or improper use, defective installationor commissioning by the Buyer or third parties, fair wear and tear, wilfuldamage, negligence, abnormal working conditions, defective or negligenthandling, improper maintenance, excessive load, unsuitable operating materialsand replacement materials, poor work, unsuitable foundation, chemical,electro-technical/electronic or electric influences, failure to follow ColemanMalaysia's instructions (whether oral or in writing) misuse or alteration orrepair of the Goods without Coleman Malaysia's approval.

(f) Coleman Malaysia is not liable for any loss damage orliability of any kind suffered by any third party directly or indirectly causedby repairs or remedial work carried out without Coleman Malaysia’s priorwritten approval and the Buyer shall indemnify Coleman Malaysia against eachloss liability and cost arising out of such claims.

(g) Coleman Malaysia shall be under no liability under theabove warranty (or any other warranty condition or guarantee) if the totalprice for the Goods has not been paid in cleared funds by the due date forpayment.

(h) Coleman Malaysia shall be under no liability whatsoeverin respect of any defect in the Goods arising after the expiry of the WarrantyPeriod.

 

8.2.2 Any claim by the Buyer which is based on any defect inthe quality or condition of the Goods or their failure to correspond withspecification shall be notified to Coleman Malaysia within seven days from thedate of receipt of the Goods or (where the defect or failure was not apparenton reasonable inspection) within a reasonable time after discovery of thedefect or failure. During use, the Goods shall be monitored constantly withregard to safety and defects. If there are even slight reservations concerningthe suitability for use or the slightest reservations concerning safety, the Goodsmust not be used. Coleman Malaysia shall be given written notificationimmediately, specifying the reservations or the defect. However in no eventshall the Buyer be entitled to reject the Goods on the basis of any defect orfailure, except where the failure is such that the Goods delivered are of afundamentally different nature than those which Coleman Malaysia had contractedto deliver.

 

8.2.3 If the Buyer does not give due notification to ColemanMalaysia in accordance with the Condition 8.2.2, Coleman Malaysia shall have noliability for any defect or failure or for any consequences resultingtherefrom. Where any valid claim in respect of any of the Goods which is basedon any defect in the quality or condition of the Goods or their failure to meeta specification is notified to Coleman Malaysia in accordance with Condition8.2.2, the non-conforming Goods (or part thereof) will be repaired or replacedfree of charge as originally ordered. Where the Goods have not been repaired orreplaced within a reasonable time, despite a written warning from the Buyer,the Buyer shall be entitled to a reduction of the price in proportion to thereduced value of the Goods, provided that under no circumstance shall suchreduction exceed 15% of the price of the affected Goods. In lieu of repair orreplacement, Coleman Malaysia may, at its sole discretion, grant such areduction to the Buyer. Upon a repair, replacement or price reduction beingmade as aforesaid, the Buyer shall have no further claim against Coleman Malaysia.

8.2.4 When Coleman Malaysia has provided replacement Goodsor given the Buyer a refund, the non-conforming Goods or parts thereof shallbecome Coleman Malaysia’s property.

 

9. Force Majeure

9.1 Coleman Malaysia shall not be liable to the Buyer or bedeemed to be in breach of the Contract by reason of any delay in performing orany failure to perform any of Coleman Malaysia's obligations if the delay orfailure was due to any cause beyond Coleman Malaysia's reasonable control.Without prejudice to the generality of the foregoing the following shall beregarded as causes beyond Coleman Malaysia's reasonable control:

 

9.1.1 Act of God, explosion, flood, tempest, fire oraccident;

 

9.1.2 War or threat of war, sabotage, insurrection, civildisturbance or requisition;

 

9.1.3 Acts of restrictions, regulations, bye-laws,prohibitions or measures of any kind on the part of any governmentalparliamentary or local authority;

 

9.1.4 Import or export regulations or embargoes;

 

9.1.5 Interruption of traffic, strikes, lock-outs, otherindustrial actions or trade disputes (whether involving employees of ColemanMalaysia or of a third party);

9.1.6 Interruption of production or operation, difficultiesin obtaining raw materials labour fuel parts or machinery;

 

9.1.7 Power failure or breakdown in machinery.

 

9.2 Upon the happening of any one of the events set out inCondition 9.1 Coleman Malaysia may at its option:-

 

9.2.1 Fully or partially suspend delivery/performance whilesuch event or circumstances continues;

 

9.2.2 Terminate any Contract so affected with immediateeffect by written notice to the Buyer and Coleman Malaysia shall not be liablefor any loss or damage suffered by the Buyer as a result thereof.

10. Insolvency ofBuyer

10.1 This condition applies if:

 

10.1.1 The Buyer makes any voluntary arrangement with itscreditors or becomes subject to an administration order or (being an individualor firm) becomes bankrupt or (being a company) goes into liquidation (otherwisethan for the purposes of amalgamation or reconstruction); or

 

10.1.2 An encumbrance takes possession or a receiver isappointed of any of the property or assets of the Buyer; or

 

10.1.3 The Buyer ceases - or threatens to cease - to carryon business; or

 

10.1.4 Coleman Malaysia reasonably apprehends that any ofthe events mentioned above is about to occur in relation to the Buyer andnotifies the Buyer accordingly.

 

10.2 If this condition applies then without prejudice to anyother right or remedy available to Coleman Malaysia, Coleman Malaysia shall beentitled to cancel the Contract or suspend any further delivery/performanceunder the Contract without any liability to the Buyer and if Goods have beendelivered but not paid for the price shall become immediately due and payablenotwithstanding any previous agreement or arrangement to the contrary.

 

11. Notices

Any notice required or permitted to be given by either partyto the other under these Conditions shall be in writing addressed, if toColeman Malaysia, to its registered office or principal place of business andif to the Buyer, to the address stipulated in the relevant offer to purchase.

 

12. Liability

12.1 Coleman Malaysia shall accept liability to the Buyerfor death or injury resulting from its own or that of its employees'negligence. Save as aforesaid, Coleman Malaysia’s liability under or inconnection with the Contract shall be subject to the limitations set out inthis Condition 12.

 

12.2 Coleman Malaysia shall be under no liability whatsoeverwhere this arises from a reason beyond its reasonable control as provided inCondition 9 or from an act or default of the Buyer.

 

12.3 In no event shall Coleman Malaysia be liable for lossof profit or goodwill, loss of production or revenue or any type of specialindirect or consequential loss whatsoever (including loss or damage suffered bythe Buyer as a result of an action brought by a third party) even if such losswere reasonably foreseeable or Coleman Malaysia had been advised of thepossibility of the Buyer incurring the same.

 

12.4 Where time of performance has been agreed by ColemanMalaysia becomes the essence of the Contract by means of notice by the Buyer toColeman Malaysia, as provided for in Clause 6.4, and Coleman Malaysia fails tocomply with its obligations in due time, so that the Buyer becomes entitled tocompensation in accordance with Condition 6.4, Coleman Malaysia’s liabilityshall be limited to an amount of ½% for each full week of delay, in total to amaximum cumulative amount of 5%, of the value of the delayed Goods.

 

12.5 The remedies set out in Condition 8 are the Buyer’ssole and exclusive remedies for non-conformity of or defects in the Goods orServices and Coleman Malaysia’s liability for the same shall be limited in themanner specified in Condition 8.

 

12.6 Without prejudice to the sub-limits of liabilityapplicable under this Condition 12 or elsewhere in these Conditions, ColemanMalaysia’s maximum and cumulative total liability (including any liability foracts and omissions of its employees agents and sub-contractors) in respect ofany and all claims for defective performance, breach of contract, compensation,indemnity, tort, misrepresentation, negligence at law or equity and any otherdamages or losses which may arise in connection with its performance or non-performanceunder the Contract, shall not exceed the total Contract price.

 

12.7 If a number of events give rise substantially to thesame loss they shall be regarded as giving rise to only one claim under theseConditions.

 

12.8 No action shall be brought by Coleman Malaysia laterthan 12 months after the date it became aware of the circumstances giving riseto a claim or the date when it ought reasonably to have become aware, and inany event, no later than 12 months after the end of the Warranty Period.

 

13. Termination

13.1On or at any time after the occurrence of any of theevents in condition 13.2 Coleman Malaysia may stop any Goods in transit,suspend further deliveries to the Buyer and exercise its rights under Condition7 and/or terminate the Contract with the Buyer with immediate effect by writtennotice to the Buyer.

 

13.2 The events are:-

 

13.2.1 The Buyer being in breach of an obligation under theContract;

 

13.2.2 the Buyer passing a resolution for its winding up ora court of competent jurisdiction making an order for the Buyer’s winding up ordissolution;

 

13.2.3 The making of an administration order in relation tothe Buyer or the appointment of a receiver over or an encumbrancer takingpossession of or selling any of the Buyer’s assets;

 

13.4. The Buyer making an arrangement or composition withits creditors generally or applying to a Court of competent jurisdiction forprotection from its creditors.

 

14. General

14.1 Unless the context otherwise requires, any term orexpression which is defined in or given a particular meaning by the provisionsof Incoterms shall have the same meaning in these Conditions but if there isany conflict between the provisions of Incoterms and these Conditions, thelatter shall prevail.


14.2 No waiver by Coleman Malaysia of any breach of theContract by the Buyer shall be considered as a waiver of any subsequent breachof the same or any other provision.


14.3 If any provision of these Conditions is held by anycompetent authority to be invalid or unenforceable in whole or in part thevalidity of the other provisions of these Conditions and the remainder of theprovision in question shall not be affected thereby.


14.4 No person who is not a party to this Contract(including any employee officer agent representative or sub-contractor ofeither party) shall have any right under the Contracts (Rights of ThirdParties) Act to enforce any terms of this Contract which expressly or byimplication confers a benefit on that person without the express prioragreement in writing of the parties, which the agreement must refer toCondition 3.2.


14.5 The Contract shall be governed by the laws of Malaysiaand the Buyer agrees to submit to the non-exclusive jurisdiction of the Courtsin Malaysia, as provided for in Clause 14.7.


14.6 Except as provided for in Clause 14.7, any dispute,controversy or claim arising out of or relating to this contract, or thebreach, termination or invalidity thereof shall be settled by arbitration inaccordance with the Rules for Arbitration of the Kuala Lumpur Regional Centrefor Arbitration (KLR-CA). The arbitral tribunal shall consist of a solearbitrator, to be appointed by the Chairman of the KLRCA. The place ofarbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shallbe final and binding upon the parties.


14.7 Notwithstanding Clause 14.6, Coleman Malaysia shall beentitled to commence court legal proceedings for the purposes of protecting itsintellectual property rights and confidential information by means ofinjunctive or other equitable relief.


14.8 The United Nations Convention on Contracts for theInternational Sale of Goods shall not apply to any Contract for the sale ofGoods.


14.9 Coleman Malaysia reserves their right to these termsand conditions of sale at any time.