Terms of Use and Conditions of Sale

Welcome to Milwaukee Tool Malaysia. These are the Terms of Use and Conditions of Sale (the “Terms of Use”) which will govern your access to, use of and transactions on the www.milwaukeetool.my website (the “Website”), which is owned, controlled and managed by Techtronic Power Tools (M) Sdn. Bhd. (“Milwaukee Tool”, “we”, “our” or “us”).

The Website is only intended for and directed to customers who are residents in Asia including but not limited to Malaysia, South Korea, China, Thailand, Singapore, Indonesia, the Philippines, Japan and Vietnam. If you are not a resident in Asia, you may use the following websites if you are a resident in one of the following regions/countries:

Regions/countries Region specific/country-specific websites
America https://www.milwaukeetool.com/
Canada https://www.milwaukeetool.ca/
Brazil http://www.milwaukeebrasil.com/
Australia https://www.milwaukeetools.com.au/
New Zealand http://www.milwaukeetools.co.nz/
Europe http://www.milwaukeetool.eu/

By browsing, accessing and/or using this Website, you acknowledge and agree without restriction to be bound by these Terms of Use, as well as our Privacy Policy and Returns Policy which are incorporated herein by reference. If you do not agree to these Terms of Use, our Privacy Policy or Returns Policy, you may not access or use the Website or order any products from the Website. Further, this Website may not be used by persons under the age of majority in their jurisdiction.

We may change or update the Terms of Use, our Privacy Policy or our Returns Policy at any time, without notice to you. Such changes are effective when they are posted to the Website and your continued access and use of the Website after any such changes are posted will be considered acceptance of such changes. It is your responsibility to check the Terms of Use each time you visit the Website to view the most updated Terms of Use, Privacy Policy or Returns Policy.

The Website or any part of the Website may be periodically unavailable, and content on the Website may be removed or modified at any time without notice. Milwaukee Tool may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of users, without any compensation to such users.

Nothing contained in these Terms of Use is intended to modify any other written agreement you may have with Milwaukee Tool (if any) that may be in effect. In the event of any conflict or inconsistency between these Terms of Use and any other written agreements with Milwaukee Tool, the terms of such other written agreements shall prevail to the extent of such conflict or inconsistency.

If you have any questions or comments regarding the Website, Terms of Use and/or Privacy Policy, please contact us by writing to us at marketing@milwaukeetool.my or via the contact details listed in the “Contact Us” section of the Website.

1. DEFINITIONS AND INTERPRETATION

Capitalised words used in these Terms of Use shall have, in both their singular and plural forms, the meaning ascribed to them as follows:

  • Account” means the user account that you will need to register for on the Website in order to submit any Orders.
  • Business Day” means a day from 8.30 am to 4.30 pm in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays.
  • Customer”, “you”, “You”, “your”, or “Your” means any person who accesses or is a visitor in the Website, or is purchasing one or more Products.
  • Order” means an order of one or more Products which is submitted by a Customer via the Website and is accompanied by payment by the Customer for the ordered Product(s).
  • Order Confirmation” means the e-mail message from Milwaukee Tool to a Customer who has placed an Order, informing the Customer that Milwaukee Tool has accepted the Order.
  • Product” means a product which is offered for sale by Milwaukee Tool on the Website.
  • Sale and Purchase Agreement” means the sale and purchase agreement which is formed between Milwaukee Tool and a Customer who has placed an Order and received an Order Confirmation confirming Milwaukee Tool’s acceptance of the Order, which is made pursuant to and subject to the applicable provisions of these Terms of Use.
  • Price” means the sale price of a Product as specified on the Website.

2. ORDERS

2.1 Personal Use

You may only place Orders for Products if you are 18 years old or the age of majority in your jurisdiction (whichever is higher) and have the legal capacity to contract.

The Products we make available on this Website are for your personal, non-commercial use only. You may not sell or resell any Products you purchase or otherwise receive from us. By placing an Order with us, you undertake and warrant that the purchase of Products on the Website is not carried out in the course of your professional activity and is intended for strictly personal use.

2.2 Price

The applicable Price for a given Product is the one published on the Website at the time the Order is placed by you. All Prices listed are inclusive of Sales and Service Tax (SST) at the applicable current rate chargeable in Malaysia for the time being.

We take reasonable care to ensure that the prices of Products published on the Website are accurate, but errors may nevertheless sometimes occur in our pricing. If we have made an error in the Price of a Product you have ordered, we will contact you. You will have the option to reconfirm your Order at the correct price, or the Order will be cancelled.

Save to the extent that we have been fraudulent or grossly negligent, we are under no obligation to fulfil your Order and reserve the right to cancel your Order in the event that the Price listed on the Website is incorrect (even after your Order has been acknowledged or confirmed by us). Without limiting the generality of the foregoing, we will not be liable to you for any losses caused as a result of any Price inaccuracies caused by unauthorized access to Price data by a third party.

Prices for our Products (including under any promotional offers) may be amended by us from time to time at our sole discretion, but such changes will not affect any Orders which we have confirmed with an Order Confirmation. Offers and promotions are offered at our sole discretion, and may be subject to additional terms and conditions. It is your responsibility to check the terms of the relevant offer.

Prices for our Products (including under any promotional offers) may be amended by us from time to time at our sole discretion, but such changes will not affect any Orders which we have confirmed with an Order Confirmation. Offers and promotions are offered at our sole discretion, and may be subject to additional terms and conditions. It is your responsibility to check the terms of the relevant offer. Prices for Products listed on the Website do not include delivery charges. Depending on the mode of delivery selected by you, delivery charges may also be payable on your Order and these will be added to the price of your Order prior to you submitting payment to us. For details of our delivery charges please see the Shipping section of these Terms of Use.

2.3 Payment

Milwaukee Tool accepts payment for Products purchased on the Website via our payment gateway service provider using the following modes of payment: Visa, Mastercard, and JCB. Online payments are processed by our payment gateway service provider, iPay88 Payment Gateway (“iPay 88’”), which may appear as the billing party in your billing statements. For further information, please refer to iPay 88 Payment Gateway’s website at https://www.ipay88.com/. We only accept payment for Orders in Malaysian Ringgit (MYR).

Milwaukee Tool has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated on the Website at the time the Orders are placed by the Customers..

If you choose to pay using a payment card with a foreign currency-denominated account, the payment will be taken in Malaysian Ringgit (MYR). Your payment card issuer will then convert the Malaysian Ringgit value, using their foreign exchange rates. You acknowledge and agree that you shall be fully responsible for all foreign exchange related risks if you choose to pay using a payment card with a foreign currency-denominated account, and Milwaukee Tool shall bear no liability to you or any third party in this regard.

All Orders require bank verification and authorisation via our payment gateway service provider prior to processing. Only Orders with verified and authorised payment will be processed and shipped.

2.4 Product Descriptions and Availability

While we make reasonable efforts to ensure that all Product details and descriptions which appear on the Website are accurate, there may be instances where errors may occur, and to the extent permitted under applicable law, Milwaukee Tool shall bear no liability to you or any third party arising out of such errors. The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours of our Products accurately in such images, we cannot guarantee that your computer’s display of the image colours will accurately reflect the colours of the Products.

All Products shown on this Website are subject to availability. Should a Product that was indicated as available at the time the Order was placed by the Customer no longer be available, the Order will be cancelled and the Customer will be informed by e-mail on when the ordered Product is expected to be available again.

Milwaukee Tool reserves the right to suspend the offer or supply of any Products to Customers at any time, with or without notice, for any reason at its sole discretion, including without limitation in the following circumstances:

(a) to deal with technical problems on the Website; or

(b) to update the Products to reflect changes in relevant laws and regulatory requirements.

2.5 User Accounts

To place an Order, you may register with us by creating an Account or place your Order using a guest account. When creating an Account, all information you provide in connection with your Account must be true, accurate and complete in all respects, and you must keep your information up to date by informing us of any changes to your Account information via the relevant Account management sections of the Website.

If you choose, or are provided with, a user identification code, password or any other log-in credentials as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right, without penalty or liability, to disable any log-in credentials, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use or in response to any threatened or perceived security risk.

Some pages on the Website are available only to Customers with registered Accounts. You are responsible for the confidentiality of your log-in credentials (whether chosen by you or provided by us) and Account information, and for all actions taken on the Website using your Account (whether taken by you or otherwise). Therefore, you should not disclose your log-in credentials or Account information to anyone else and you should choose a unique password that is not used on any other website or easily guessed by others. Milwaukee Tool reserves the right to suspend or cancel Accounts at any time, for any, or no, reason and without notice. If you suspect that your log-in credentials have been compromised, please notify us immediately.

2.6 Placement of Orders

Please take the time to read and check your Order at each stage of the ordering process. The information you provide in connection with your Order must be true, accurate and complete in all respects.

Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your Order. It is your responsibility to ensure that your Order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. We will not be responsible or liable for items which go missing or are delayed due to inaccurate or incomplete delivery address information provided by you when submitting your Order. By clicking the “Place Order” button, you confirm that the Order information (including delivery details and payment details) provided by you is correct, and that when your Order is accepted and processed by us, payment will be made in full.

When you place an Order, you are offering to purchase Products from us at the prices indicated on the Website, subject to our confirmation and acceptance of your Order. All Orders for Products from the Website must be placed using the shopping cart facility provided on the Website. Once you have submitted your Order, you will no longer be able to cancel or modify any aspect of your Order.

ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY ORDER DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING SALE AND PURCHASE AGREEMENT IS NOT FORMED UNTIL YOU RECEIVE AN ORDER CONFIRMATION FROM US. WE WILL NOT BE OBLIGED TO SUPPLY OR DELIVER ANY PRODUCTS TO YOU UNTIL YOUR ORDER HAS BEEN CONFIRMED BY US.

The foregoing notwithstanding, Milwaukee Tool reserves the right, with or without notice, to cancel or reduce the quantity of any Order to be filled or Products to be provided to you, as determined by Milwaukee Tool in its sole discretion, in which case you will only be charged for quantities of Products actually shipped.

If we are unable to supply you with a Product, for example, because that Product is no longer available, or because of an error in the price on our Website, or we are unable to obtain authorization for your payment, or where you do not accept these Terms of Use, we will inform you of this via e-mail, and we will not process your Order. If you have already paid for the relevant Product(s), we will refund you the full amount paid for such Product(s) as soon as possible.

Without prejudice to any other provision in these Terms of Use, Milwaukee Tool reserves the right to cancel any Orders under the following circumstances:

(a) Orders which breach these Terms of Use;

(b) Orders made by a Customer with whom Milwaukee Tool has an existing dispute; or

(c) Total or partial non-payment of a previous Order by the Customer.

2.7 Shipping

All Orders are processed during Business Days only. If your Order was placed after the end of a Business Day, it will be processed on the next Business Day.

Your Order will be fulfilled within the estimated delivery period which will be no more than 10 days from the date of our Order Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you within 10 days of the date of our Order Confirmation with a revised estimated delivery date.

Please ensure that you enter a complete and accurate delivery address when placing your Order. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery information that you provided to us when placing your Order.

If our supply of the Products is delayed by an Event Outside Our Control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for any delays caused by an Event Outside Our Control, but in the event of substantial delay, we may offer you a refund for the delayed Products you have paid for but not received.

All risks in and to the Products (including risk of loss, theft or damage) are passed to and assumed by you upon delivery of the Products to the delivery address you have provided to us when placing your Order.

Shipping Charges:

At Milwaukee, you may enjoy free shipping for orders with a valid coupon code.

Shipping charges are based on Order totals without a coupon code, and will be added to the total price of your Order prior to you submitting payment to us. You may incur additional shipping charges in the event of any failed deliveries due to your inability or refusal to accept delivery.

We regret that we are currently unable to process and ship orders to destinations outside of Malaysia.

2.8 Returns / Refunds

Milwaukee Tool would like you to be satisfied with your purchase on our Website. If you would like to request a return or refund for a Product purchased via our Website, please refer to our Returns Policy.

3. WEBSITE CONTENT

3.1 Disclaimer

The Content (as defined below) presented on this Website is intended for informational purposes only. All Product descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Commentary and other materials or information posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. To the extent permitted under applicable law, (a) we do not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website; and (b) we exclude all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents, and you acknowledge that any reliance on any such statement or information shall be at your sole risk.

You acknowledge that you have not relied on any statement, promise, warranty or representation made or given by or on behalf of us which is not set out in these Terms of Use, the Privacy Policy or any documents referred to in them. Nothing in this provision shall exclude or limit any liability for fraud or fraudulent misrepresentation or other forms of liability which may not be excluded or limited under applicable law.

3.2 Content Licence

Milwaukee Tool and/or its licensors own all right, title and interest in and to the Website, including all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein (the “Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Website. Your use of the Website does not grant you ownership of any Content on the Website.

Subject to your compliance with these Terms of Use, Milwaukee Tool grants you a limited, revocable, non-sublicensable and non-transferable license to access and use the Website and the Content contained therein solely for your personal, non-commercial use. This licence will terminate immediately upon your unauthorized use of the Website or Content. No intellectual property rights in respect of the Website or Content are granted or extended as a result of Milwaukee Tool making the Website available. All rights not expressly granted to you in these Terms of Use are expressly reserved.

3.3 Trademarks

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on Content available through the Website are registered and unregistered Trademarks of Milwaukee Tool and others and may not be used unless authorised by the relevant Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website or these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third-party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

4. YOUR USE OF THE WEBSITE

4.1 Restrictions on Use

The Content may not be reproduced, republished, distributed, exploited commercially, used or modified without Milwaukee Tool’s express written consent. You may not:

(a) access, copy or download the Website or Content using automated methods including but not limited to, “web scraping” or “bots”, robots or spiders that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content;

(b) use any Trademark, service mark or logo of Milwaukee Tool or any third party that appears on the Website without prior written consent;

(c) remove or obscure any copyright or other notices contained in any Content;

(d) exploit any Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Website. If you link other websites to this Website, you may not imply or suggest that Milwaukee Tool has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website;

(e) delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Website or Content or any of the Website’s source code or software;

(f) transmit any virus, worm, time bomb or similar system interference or corruptant through this Website;

(g) (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Website or use or gain access to the identities, information or computers of others through this Website.

(h) impersonate any person or entity other than yourself or create an Account for anyone other than yourself;

(i) create multiple Accounts without permission, particularly if Milwaukee Tool has suspended or terminated your Account;

(j) misuse our Website or its Content for any purpose which is unlawful (such as, for examples, introducing viruses or attempting to gain unauthorized access to our Website);

(k) do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory;

(l) assist or encourage violations of these Terms of Use, the Privacy Policy or any Sale and Purchase Agreement;

(m) use any hidden text or metatags using “Milwaukee Tool”; or

(n) attempt to violate the security of the Website, including but not limited to attempting to gain unauthorized access to data, attempting to interfere with the functionality of the Website.

Milwaukee Tool has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Website. Milwaukee Tool may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Website to regulators, law enforcement officials or other persons or entities that it deems appropriate.

You are responsible for any use of the Website made by you or via your Account. You undertake to use your best endeavours to ensure that nothing you do whilst accessing the Website will damage the Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

4.2 User Contributions

We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its content, and our Products. If any User Contribution includes ideas, suggestions, documents or proposals to Milwaukee Tool, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Milwaukee Tool has no obligation of confidentiality, express or implied, with respect thereto; (b) Milwaukee Tool may have something similar to your User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Milwaukee Tool or any of its affiliates for such User Contribution under any circumstances unless you are notified by Milwaukee Tool in writing to the contrary.

By submitting or sending any User Contribution to us, you: (i) represent and warrant that the User Contribution is original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose.

We are not responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Privacy Policy.

4.3 Links To and From The Website

The Website and its Content shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from Milwaukee Tool.

The Website may contain links to other websites and resources operated by third parties. These links are provided for your information only. We have no control over the content of and the information contained in those third party websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Use of such third party websites is subject to the terms and conditions applicable to and displayed on such third party websites.

5. PERSONAL DATA

If you register for an Account, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or participate in our competitions or promotions, you will be asked to provide personal data to us. Our information collection and use policies with respect to such personal data are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. All personal data you provide must be true, accurate and complete in all respects, and you are responsible for keeping your personal data up to date and accurate.

Should you provide us with personal data of any individual other than yourself, you represent, undertake and warrant to us that:

(a) for any personal data of individuals that you disclose to us, you would have prior to disclosing such personal data to us obtained consent from the individuals whose personal data are being disclosed, to:

 (i) permit you to disclose the individuals’ personal data to Milwaukee Tool for the Purposes (as defined in our Privacy Policy); and

 (ii) permit Milwaukee Tool and its affiliates to collect, use, disclose and/or process the individuals’ personal data for the Purposes (as defined in our Privacy Policy);

(b) at our request, you will use such form(s) or document(s) provided by us in obtaining such consents from the individuals in question (for the avoidance of doubt, we are under no obligation to you  to create any such form(s) or document(s)); 

(c) any personal data of individuals that you disclose to us are accurate; and

(d) for any personal data of individuals that you disclose to us, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to Milwaukee Tool and for Milwaukee Tool and its affiliates to collect, use, disclose and process such personal data for the Purposes (as defined in our Privacy Policy).

6. WEBSITE DISCLAIMERS AND LIMITATION OF LIABILITY

Save to the extent otherwise provided under applicable law, the Website, Content and Products are provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranties for uptime or uninterrupted access, merchantable quality, fitness for a particular purpose, non-infringement of third party rights, security and freedom from viruses or malware.

You agree that in no event shall Milwaukee Tool, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees and agents be liable, to you or any party, whether in contract, tort (including negligence) or otherwise, but excluding fraud or fraudulent misrepresentation, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use (or inability to use), or availability of the Website, Content or Products, irrespective of whether Milwaukee Tool has been advised of the possibility of such damages or losses.
The foregoing notwithstanding, we do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other matter for which we are not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

You agree to indemnify, defend and hold Milwaukee Tool and its affiliates harmless against any and all liabilities, losses, damages, suits, claims, demands, costs (including court costs and legal fees), fines and actions of any kind or nature whatsoever for which they may become liable, or which they may suffer as a result of your misuse of the Website or Content, your breach, violation or non-performance of any term or condition of these Terms of Use, or your violation of any third party’s rights relating to the Website or Content.

7. SUSPENSION AND TERMINATION

From time to time, we may without penalty or liability, restrict access to some parts of the Website, or the entire Website, to users who have registered with us, at our sole and absolute discretion and without providing any reasons. Without limiting the generality of the foregoing, we may prevent or suspend your access to the Website or any part of it, with or without notice to you, if in our sole opinion you have not complied with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

Failure to comply with these Terms of Use may additionally result in our taking all or any of the following actions:

(a) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) incurred or suffered by us resulting from your breach of these Terms of Use;

(b) further legal action against you; and/or

(c) disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.

We exclude all liability for actions taken in response to breaches of these Terms of Use. The actions described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

8. GENERAL TERMS

8.1 Governing Law and Dispute Resolution

These Terms of Use, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the laws of Malaysia, without giving effect to any principles of conflict of laws.

You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or its subject matter or formation.

8.2 Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

8.3 Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Sale and Purchase Agreement that is caused by an Event Outside Our Control.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Sale and Purchase Agreement:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Sale and Purchase Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

8.4 Third Party Rights

These Terms of Use and any Sale and Purchase Agreement are entered into between you and us. No other person shall have any rights to enforce any terms of these Terms of Use or any Sale and Purchase Agreement.

© 2021 Milwaukee Tool Malaysia. All rights reserved.