TMT Tech Warehouse Sales 2024 Terms & Conditions

Date        : 1st May 2024 - 5th May 2024

Time        : 10.00 a.m. - 9.00 p.m. (8.00 p.m. last call)

Venue        : Atria Shopping Mall - Exhibition Hall

1. Definitions

1. “Contract”, “Agreement” & “Terms and Conditions” refers to agreement for the purchase and sale of Goods & Products.
2. “Customer” pertains to the individual or entity that accepts a quotation or sales offer from the Seller for the sale of goods or whose order for goods is accepted by the Seller.
3. “Goods” & “Products” encompasses the items, products, merchandise, and any associated parts supplied by Thunder Match Technology Sdn. Bhd. (referred to as “TMT”) under these Terms and Conditions.
4. “TMT” stands for Thunder Match Technology Sdn. Bhd., presently located at H-G-5 & H-G-6, Lorong Mahir 9, Connaught Avenue, Taman Bukit Cheras, 56000 Kuala Lumpur, trading under the name “TMT”.
5. “Warehouse Sale” & “Campaign” refers to TMT’s Tech Warehouse Sales 2024 held on 1st May 2024 – 5th May 2024 at Atria Shopping Mall.

2. Agreement & Consent to terms & Conditions

1. The terms and conditions detailed in this agreement, in conjunction with TMT official invoice (the “Invoice”) and quotation (the “Quotation”), collectively constitute the entire agreement between TMT and the Customer, and supersedes any prior agreements, understandings, assurances, or representations whether written or verbal. Any terms or conditions implied by law that are applicable to TMT are excluded, except as provided by common sense or equity. No variations to these terms and conditions will be effective unless expressly agreed in writing and signed by TMT.
2. By making a purchase, participating in the event or otherwise engaging in business with TMT, this signifies that the Customer understands, acknowledges, agrees, and accepts the terms & conditions herein.
3. In case non-English language version of this Contract is prepared and any dispute arises over the meaning of any provisions under this Contract, the English language version shall prevail, and the relevant part of the non-English language version shall be deemed to be automatically amended to conform with and be consistent with the English language.
4. All decisions by TMT in regards to this Agreement program are final, conclusive & binding.

3. Amendments & Updates of Terms & Conditions

1. TMT reserves the right to amend, modify, or update these Terms & Conditions at its sole discretion without prior notice.
2. Any changes to these Terms and Conditions will become effective immediately upon posting on TMT’s designated communication channels.
3. It is the responsibility of the Customer to review these Terms and Conditions periodically for any updates or amendments.
4. By continuing to engage in business with TMT after any modifications to the Terms and Conditions have been posted, the Customer acknowledges and agrees to abide by the revised Terms and Conditions.

4. Warehouse Sales Terms & Conditions

1. Customers are required to register as members of the TMT Membership Program to gain access to the TMT Warehouse Sale event venue.

1. Please note membership registration is mandatory to all customers prior to entry. TMT reserves the right to deny entry to Customers and will not be held responsible for any losses or damages resulting from such denial.
2. TMT Membership registration is available for free to Customers.. For more information on TMT’s Membership program, please visit: https://www.tmt.my/pages/tmt-member

2. Upon arrival at the event venue, each customer will be assigned a unique queue number. This number will be provided alongside a QR code that links to the full Terms and Conditions of the sales event. Customers are required to follow the queue sequence as determined by their assigned number and adhere to all event regulations as outlined in the Terms and Conditions.

1. One (1) customer is only allowed to take one (1) queue number only. Customers must present their queue number upon purchasing their items at the cashier counter.
2. Failure to comply with the queue order or event rules may result in forfeiture of the customer’s place in the queue and potential disqualification from the event. Compliance with this process ensures a fair and orderly experience for all participants.
3. The queue number assigned to each customer is strictly for one-time use and is valid only on the date of distribution. Customers may not reuse their queue number or use it on a different date. Any attempt to do so will be considered a violation of the Terms and Conditions of the sales event and may result in the customer’s disqualification from the event. It is the responsibility of the customer to ensure they use their assigned queue number in accordance with these rules.
4. TMT is not responsible for customers who misplace or lose their queue number. If a customer loses their queue number, they are allowed to obtain a new one. However, please be aware that the new number will correspond to the current position in the queue. This means that the customer will be placed in line based on the new number, not their original one.
5. Overnight queueing is strictly prohibited for the event. Customers are only allowed to queue during the designated venue operating hours as stated in the event details.
6. Any customers found queuing outside of these hours will not be granted early access or any special privileges. Furthermore, any risks or liabilities arising from queuing beyond the venue’s operating hours will be solely borne by the customers themselves. The company will not be responsible for any consequences faced by customers who choose to queue outside of the designated hours.
7. TMT reserves the right to adjust the queue number distribution, the starting time of the Warehouse Sale, and the event end time as necessary.

3. All promotional items, including those under the “Thunder Crazy Sale”, will be available for purchase starting from 10:00 am on 1st May 2024. Please note that the availability of these items is subject to stock levels and will be sold on a first-come, first-served basis. Once stocks are depleted, no further requests for these items will be entertained.

1. For “Thunder Crazy Sale”, each customer is permitted to purchase only one (1) item from the catalogue.
2. Please note that advanced booking or reservation of any spots or items for the “Thunder Crazy Sale” is strictly prohibited. All items are available for purchase on a first-come, first-served basis during the event. Any attempts to reserve items in advance will not be recognized and may result in disqualification from the event.
3. TMT is not responsible for any typographical errors pertaining to pricing or specifications that may appear on any promotional materials related to the event. This includes, but is not limited to, flyers, visuals, catalogues, and other materials, regardless of whether they are disseminated online or offline. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

4. Customers are encouraged to wear a face mask & remain social distancing during the event.
5. TMT reserves the right to amend, cancel, terminate, suspend, shorten, or extend the campaign at any time without prior notice.
6. TMT shall not be held responsible or liable for any claims of loss or damage to property, personal injury, or loss of life by the customers or any party resulting from or arising out of or in connection with this campaign.

5. Pricing & Payment

1. The contract price for the product(s) is stated in the Invoice/Quotation. Any Goods and Services Tax (GST) or Sales Services Tax (SST) (if applicable) will be borne by the Customer. All payments must be made in Ringgit Malaysia (RM) as specified in the invoice with payment methods accepted by TMT.
2. In the event the Customer is opting to make payments via bank transfer, the Customer shall ensure that the payment is made exclusively to the bank account details provided in the official TMT invoice or quotation. Any payment made to a bank account not officially owned by TMT and not in accordance with the bank details provided in the invoice or quotation shall not be deemed as a valid payment.
3. TMT shall not assume any responsibility or liability for funds transferred to accounts not officially owned by TMT. Customers are strongly advised to exercise due diligence in verifying the authenticity of the provided bank account details to prevent fraudulent transactions.
4. TMT reserves the right to take appropriate legal actions to recover any unpaid amounts and may consider the transaction null and void if payment is made to an unauthorized account. The customer shall indemnify and hold TMT harmless from any losses, claims, or damages arising from non-compliance with these terms.
5. The only eligible payment methods for this event are one-off payments made via cash, debit card, credit card, or selected e-wallets. Please note that all transactions must be completed in a single payment.

1. Please be aware that we do not accept any vouchers, points redemptions, instalment plans, or split payments for this event. Any attempt to use these payment methods will result in the cancellation of the transaction.

6. Inspection of Goods/Products

1. Customers are required to inspect the goods immediately upon payment at the counter. If any defects or damage are identified, the Customer must notify TMT contemporaneously and provide a receipt for the goods. Failure to do so will absolve TMT of any liability regarding such claims.
2. Upon inspection and verification of the product's functionality and condition by the Customer, the Customer acknowledges that once the product is taken out of TMT's premises, it shall no longer be eligible for any further exchange or refund.
3. Customers must inspect all goods/products immediately before the Invoice is issued upon payment at the counter, and acceptance of the Invoice implied that the Customer has found the Goods/Products undamaged, in good working order, and satisfactory. If any defects or damage are identified, the Customer must notify TMT contemporaneously, failure to do so will absolve TMT of any liability regarding such claims after the customer accepts the Invoice.

1. All demo units sold during the TMT Tech Warehouse Sale come with a limited warranty period of 7 days. This warranty covers exchanges or refunds and is applicable at any TMT outlets in Malaysia. Any warranty claims must be made within this 7-day period following the purchase. After this period, we will not be able to offer an exchange or refund for these items.
2. All items available in the Warehouse Sale are in limited quantity. As such, TMT reserves the right to not replace any defective goods/products with an exact brand-new model of the same goods/products. In the event of a defect, we will strive to provide a suitable solution, which may involve offering a similar item of equal value.

7. Title & Ownership

1. Property and title in the goods remain with TMT until full payment for the goods is received in cash or via cleared funds.

8. Cancellation, Refunds & Returns

1. All goods listed in the invoice are considered sold and are neither refundable nor returnable.

9. Warranties, TMT Re-Care & TMT Insure

1. Most of the goods available at TMT come with a manufacturer's warranty. The terms and conditions for these warranties vary by product, brand, and manufacturer.
2. TMT does not provide the manufacturer’s warranty but will facilitate the warranty process as per the manufacturer’s guidelines.
3. It is the responsibility of the customer to review and understand the terms of the manufacturer's warranty, which is usually provided with the product or can be obtained from the manufacturer’s official website.
4. Most of the goods available at TMT comes with a manufacturer’s DOA Policy. In the event of a product that is considered “Defect on Arrival” (DOA), whereby the product exhibits defects or malfunction upon delivery, the Customer must create a DOA claim specifying the product’s defect and providing evidence, to TMT within the stated DOA period specified by the manufacturer’s DOA Warranty. The DOA Warranty for the Product is subject to the guideline provided by the product manufacturer, as specified in the manufacturer’s DOA policy.
5. The DOA Warranty does not apply to Product’s defect resulting from circumstances not covered by the manufacturer’s DOA policy, including:

1. Damage or mishandling during or after delivery by the Customer or third parties
2. Unauthorized modifications or repairs
3. Failure to follow the manufacturer's recommended instructions for installation or operation
4. Problems caused by a device that is not the Product, including equipment or accessories whether or not purchased at the same time as the Product
5. Natural disasters or other unforeseeable events

6. For customers seeking additional coverage, TMT offers an extended warranty plan known as “TMT Re-Care”, specifically designed for the Warehouse Sale. The pricing for TMT Re-Care is as stated in the TMT Re-Care catalogue. Please note that the pricing of this extended warranty program is based on the original Standard Retail Price (SRP) of the goods/products, not the discounted sale price.

1. Customers are required to register as members of the TMT Membership Program in order to be eligible to purchase TMT Re-Care for their Products.
2. For more information on TMT’s Protection Plans please visit: https://www.tmt.my/pages/tmt-protection-plan

7. TMT is not responsible for any loss, alteration, damage, or reduction in functionality to any data or operating system during the warranty process. Customers are advised to back up their data before initiating warranty procedures.

10. Responsibility for Damaged Event Products & Demo Units

1. Customers are encouraged to explore and interact with TMT’s demo units displayed in the venue to enhance their shopping experience. However, in the event that a demo unit becomes damaged either partially or fully, due to Customer’s misuse or negligence, the Customer understands and agrees that they will be held responsible for covering the full Cost of the demo unit.
2. Customers are responsible for handling Products with care during their visit. In cases where any Product is damaged due to Customer mishandling or negligence, the Product will be considered sold. The Customer acknowledges and agrees that they are fully liable for the full retail price of the damaged product. This liability encompasses accidental damage, breakage, or any other form of impairment that renders the product unsellable, including but not limited to aesthetic damage, functional damage, or software damage. The damaged Product cannot be returned, refunded, or exchanged.
3. Customers engaging in interactions with TMT, including utilisation of demo units and handling of Products, are subject to the terms and conditions of Section 10. These terms are considered legally valid and enforceable, and any breach may result in legal actions to recover costs associated with damage to demo units or sold products.

11. Data Privacy & Protection

1. TMT may collect, process, and store personal information about the Customer in compliance with applicable data protection laws. The Customer's information will be used solely for the purpose of the transaction and may be shared with third-party service providers or partners as necessary.
2. By engaging in business with TMT, the Customer consent to and expressly authorise collection, receipt, use, retention, and transfer, in electronic or other form, of their personal data by TMT.
3. The collected data will be utilised by TMT for one or more of the following purposes: provision of products and services, internal record and marketing, fraud prevention and security, compliance purposes and other related purposes. For more details regarding TMT's Privacy Policy, please visit  https://www.tmt.my/pages/pdpa

12. Intellectual Property

1. Any intellectual property rights, including but not limited to patents, copyrights, trademarks, or trade secrets related to the Product(s), designs, or documentation remain the exclusive property of TMT or the respective product manufacturer.

13. Limitations of Liability

1. In no event shall TMT, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or data, whether incurred directly or indirectly, or any loss of use, goodwill, or other intangible losses, arising out of or in connection with any products or services purchased at TMT outlets or sales channels, even if TMT has been advised of the possibility of such damages.
2. Any liability for breach of condition or warranty, whether implied by law or otherwise, is limited to repair, replacement, or cost reimbursement as stated in applicable laws. The customer shall indemnify and hold TMT harmless from any losses, claims, or damages arising from non-compliance with these terms.
3. TMT's total liability for any claims related to its products or services shall not exceed the total amount paid by the Customer for the specific product or service giving rise to the claim.

14. Force Majeure

1. TMT is not liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to:

1. Natural disasters or acts of god
2. War, invasion, acts of foreign enemies, hostilities (whether declared or not), mutiny, insurrection, rebellion, revolution, conspiracy, military or usurped power, martial law, state of siege, seizure, confiscation, requisition, nationalization, destruction, or damage ordered by any government or public authority, as well as risks related to contraband or illegal transportation and trade
3. Acts of criminal breach of trust or act of cheating by any entity set out in the Penal Code
4. Acts of terrorism
5. Communicable Diseases or the fear or threat of any Communicable Diseases

15. Governing Law & Jurisdiction

1. The laws of Malaysia shall govern the interpretation of these Conditions and any Contracts.
2. The Customer agrees that the courts of Malaysia have jurisdiction to settle any claims or disputes arising from these Conditions or any Contracts.
3. Any disputes arising from the application of these Terms and Conditions shall be resolved through negotiation and mediation. If mediation is unsuccessful, both parties agree to submit to the exclusive jurisdiction of the courts in Malaysia. The costs and fees associated with any dispute resolution, including but not limited to legal fees, mediation costs, and court-related expenses, shall be borne by the Customer and are not the responsibility of TMT.

16. Waiver & Severability

1. The failure by TMT to enforce any of these Terms and Conditions shall not be considered a waiver of its right to enforce any other term or conditions in the future.
2. If any provision in these Terms and Conditions is determined to be invalid or unenforceable by a court of law, such term shall be deleted, and the relevant Contract shall remain in full force and effect. TMT and the Customer will negotiate in good faith to agree on mutually acceptable alternative provisions to replace the deleted clause.

17. Staff Actions

1. Any advice or actions of TMT’s staff that contradict these terms & conditions shall not alter the terms and conditions herein.

18. Duty of Disclosure

1. Customers must take reasonable care to ensure that all the answers to the questions are full, complete, correct, and honest and to the best of the Customer’s knowledge.
2. Customers also have a duty to inform us of any changes in the information given to TMT.