“GogoAds” means GogoAds Outdoor Sdn. Bhd., who, by entering into the contract, agree to supply the Goods to Client, subject to these terms and conditions.

“Client” means the person, corporation or legal entity that orders any Goods or services offered and supplied by GogoAds.

“Goods” means all Goods and/or Services provided by GogoAds to Client, at Client’s request, from time to time (including any designs, drawings or materials supplied, consumed, created or deposited incidentally by GogoAds in the course of supplying to Client any Goods.

“Job” means all Goods and/or services to be supplied to Client and as described on the tax invoice, Quotation or any other forms as provided by GogoAds to Client.

“Price” means the price payable for the Goods and/or Services as agreed between Client and GogoAds and specified in the Quotation.

“Quotation” means a written quotation for the Goods and/or Services to be provided to Client by GogoAds.

1. Quotations

 1.1 GogoAds will not commence the Job until:
(a) A written Quotation is provided to Client based on the instructions provided by Client;
(b) Client accepts the Quotation by signing and returning the signed Quotation or Purchase Order to GogoAds, by email; and
(c) A non-refundable deposit (if provided for in the Quotation) has been paid to GogoAds.

1.2 A signed Quotation or Purchase Order received by GogoAds from Client will constitute acceptance of these terms and conditions.

1.3 A Quotation is based on the above specifications. Any variation from these may change the Price. It is Client’s obligation to ensure that all the information in the Quotation is correct.

1.4 Quotations are valid and may be accepted within 15 days from the date Client receives the Quotation from GogoAds. A Quotation is not available for acceptance by Client after the 15-day period.

1.5 GogoAds reserves the right to correct any error in the Quotations whether technical, stenographic or otherwise.

1.6 The Client agrees that any corrections to the Job (after the executed Quotation is received by GogoAds) as requested by Client will be incurred in addition to the Price.

2. Payment terms

 2.1 All Prices are in MYR (unless otherwise noted), and subject to the Goods and Services Tax that will be charged and itemised in the tax invoice provided to Client.

2.2 Client agrees that payment will be made as requested by GogoAds and set out in the tax invoice (unless prior credit agreements have been agreed with GogoAds). Otherwise it is agreed that the tax invoice will be due for payment from the date the tax invoice was issued, unless otherwise agreed to by GogoAds in writing.

 2.3 If Client places orders on GogoAds Website, Client agrees that shipping and processing fees will automatically be charged to the credit card or paid by Client with an approved payment method. No work will proceed on any job in Client’s order until full payment is received by GogoAds. 

3. Late payment

 GogoAds reserves the right to charge interest on any part of the Price not paid by the due date. Interest will be charged from the due date until payment at a rate equal to the Maybank Corporate Overdraft Reference Rate most recently published before that date. The Client agrees to pay all debt recovery fees and charges in relation to all moneys due and payable to GogoAds.

4. Credit reporting

 Client agrees for GogoAds to obtain from a credit-reporting agency a credit report containing personal credit information about Client in relation to credit provided by GogoAds.

5. Suspension of Job

 5.1 Client agrees that GogoAds may suspend its performance of the Job if the Job has proceeded beyond the value of monies paid as a deposit.

5.2 Client agrees that GogoAds may suspend its performance of the Job if Client is in default in paying any money due by it to GogoAds whether in respect of the Job or otherwise.

5.3 The suspension by Client of any work for any reason whatsoever, for a period of thirty (30) days or longer shall entitle GogoAds to payment in full for the portion of the Job completed. Orders cannot be cancelled except upon terms that will compensate GogoAds for all work done and materials used or specially procured, to the date of the cancellation.

6. Title

 6.1 Until Client has paid all sums outstanding in relation to the Job:

(a) title and property in the Goods does not pass from GogoAds to Client;

(b) if the Goods are in Client’s possession, Client holds the Goods as trustee for GogoAds and must store the Goods so that they are clearly identifiable as the property of GogoAds; and

(c) GogoAds may call for and recover possession of the Goods (for which purposes GogoAds’ employees or agents may enter Client’s premises and take possession of the Goods without liability to Client).

7. General Lien

 GogoAds shall in respect of all unpaid debts due from Client have a general lien on all property and shall be entitled on the expiration of 14 days notice to Client to dispose of such property as it thinks fit and to apply the proceeds towards such debt. Title of Goods does not pass to Client until payment is received in full. All claims in respect of these Goods/services must be notified within 7 days of receipt of Goods.

8. Artwork and Jobs

 8.1 All artwork (in electronic form or otherwise) supplied by Client must be in line with GogoAds’ file specifications. GogoAds will not be responsible for file related errors that may reduce the quality of Client’s job, nor does GogoAds accept responsibility for files that are not print ready.

8.2 If a Quotation is subject to any artwork (in electronic format or otherwise) supplied by Client, such artwork is deemed to be print ready and no further investigation will be undertaken by GogoAds.

8.3 Any additional translating, editing or programming needed to utilise Client-supplied files (including, but not limited to, the artwork) will be charged at current rates.

8.4 Hard copies supplied by Client will not be used for colour reference or matching.

8.5 Whilst all care is taken, print colour may vary from print to reprint, stock to stock, front to back and job to job. Therefore, GogoAds accepts no responsibility for these colour variations in differentiating printing processes or stock.

8.6 Preliminary work and/or work produced in an experimental way at Client’s request will be considered to be a Job and charged to Client’s account unless otherwise specified.

8.7 The Client warrants that any instructions issued by Client will only be in written form. Where hand written or verbal instructions only are received from Client, GogoAds shall not be responsible for any errors or omissions due to an oversight or misinterpretation of those instructions.

9. Electronic files

 9.1 Electronic files produced by GogoAds remain the property of GogoAds and will not be issued to any person for any reason. A charge will be added for any electronic files produced by GogoAds or others to be reproduced by GogoAds into any other format. Should Client request a Job to be recreated in any other format after the Job has been completed, Client agrees to pay GogoAds on an hourly basis over and above the earlier-negotiated price for design.

9.2 For printing jobs that do not have complete digital source files provided, turnaround begins when GogoAds receives Client’s print-ready file(s), not from when the order is first submitted.

10. Copyright

 10.1 Unless Client and GogoAds agree otherwise, the copyright in all Goods created by GogoAds is the property of GogoAds.

10.2 Client warrants to GogoAds that Client has copyright in or a licence to authorise GogoAds to reproduce all artworks (in electronic form or otherwise) supplied by Client to GogoAds for the purpose of the Job. Client expressly authorises GogoAds to reproduce all and any of such artworks for the purposes of the Job.

10.3 Client indemnifies and agrees to keep GogoAds indemnified against all liability, losses or expenses incurred by GogoAds in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in any artwork supplied by Client.

11. Turnaround Time

11.1 Turnaround time begins once Client’s order has been placed and print-ready files have been approved by Client and received by GogoAds. For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted. If your job or proof is approved by 2:00 p.m. ET, turnaround time begins next business day.

11.2 GogoAds offices are closed Saturdays, Sundays and major holidays. As a result, these days are not considered when calculating turnaround time. In addition, turnaround time does not include shipping transit time. 

12. Product Progress & Completion

 12.1 Client agrees that GogoAds shall not be liable for any penalties or damage either direct or indirect for any failure to commence or complete the product by the estimated dates provided to Client.

12.2 Client agrees that estimations of completion dates will be based on the provisions of full cooperation from Client; any goods from other suppliers; access to the site location for the purpose of installation of the product which shall be the customers sole responsibility; any necessary council or government permits or approvals which is the client sole responsibility unless otherwise expressly stated.

13. Delivery

 13.1 Delivery of the Goods shall take place when Client takes possession of the Goods at Client’s nominated address (if the Goods are delivered by GogoAds or GogoAds’ nominated carrier).

13.2 Client shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. If Client is unable to take delivery of the Goods as arranged then GogoAds shall be entitled to charge a reasonable fee for redelivery.

13.3 GogoAds shall not be liable for any loss or damage whatsoever due to failure by GogoAds to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of GogoAds.

13.4 Any Goods despatched interstate/overseas are subject to external influences and GogoAds will not be responsible for any freight-related delays.

14. Returns and refunds

 14.1 Client shall inspect the Goods on delivery and within 7 days of delivery notify GogoAds with full details in writing of any alleged defects, shortages, damage or non-compliance with the specifications in the Quotation. If Client does not notify GogoAds, Client is deemed to have accepted the Goods.

14.2 Where any defects, shortages, claim for damage or non-compliance with the specifications in the Quotation is accepted, GogoAds may, in its discretion, replace the defective or missing Goods or re-supply the services.

14.3 GogoAds will not accept Goods for return that have been altered in any way or have been used.

14.4 Client will pay all shipping charges associated with the return of the Goods unless GogoAds reasonably agrees that the defects, shortages, damage or non-compliance referred to in clause 11.1 is due to the fault or omission of GogoAds.

15. Warranties

 15.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by GogoAds are expressly excluded (unless such warranties cannot at law be excluded).

15.2 To the extent permitted by law, liability for breach of any implied condition or warranty will be limited to any one of the following as determined by GogoAds:

(a) the replacement of Goods supplied by GogoAds or the supply of equivalent Goods; or
(b) the payment of the cost of replacing Goods supplied by GogoAds or of acquiring equivalent Goods.

15.3 To the extent permitted by law and regardless of any other provision of these terms and conditions, GogoAds will not be liable for any consequential or indirect loss or damage, economic loss, loss of contract, loss of profit or revenue, loss of production or production stoppage or loss of data suffered or incurred by Client. This exclusion of liability applies whether the liability claim is based on breach of contract, tort (including negligence), under an indemnity, under statute, in equity or otherwise.

16. General

 16.1 If any provision of these terms and conditions is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, that provision shall be severed from these terms and conditions without affecting the enforceability of the remaining provisions.

 16.2 A failure by GogoAds to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect GogoAds’ right to subsequently enforce that provision.

 16.3 Client agrees that GogoAds may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then GogoAds will notify Client of such change. Unless Client notifies GogoAds in writing that it does not agree to the amended terms and conditions and that it wishes to terminate the contract, all amendments to the terms and conditions will become effective 7 days after the notification.

16.4 These terms and conditions constitute the entire agreement between the parties regarding the matters contained in it and supersede any prior representations, understandings or arrangements made between the parties, whether oral or written.