Formation of contract
A contract is formed when we issue a written order confirmation naming crop, grade, volume, price, packing, delivery term and delivery window, and you accept it in writing. Quotations are valid for the period stated on them and, failing that, for seven days.
Grades and specification
Produce is supplied to the written grade standard published on this website and in our grade specification sheet, as it stands on the date of order confirmation. Grade A, B and C are separate goods and are quoted separately. A mixed load is invoiced per grade and is never averaged.
Quality, inspection and claims
Risk in the goods passes on delivery in accordance with the agreed Incoterms® 2020 rule. You must inspect on arrival. Claims for quality or shortfall must reach us within 24 hours of delivery for chilled produce, with photographs and the batch number from the carton. Claims made after that window, or after the goods have been processed or resold, cannot be assessed and are not accepted. Our liability for a valid claim is limited, at our option, to replacement of the affected quantity or credit of its invoice value.
Volume, shortfall and force majeure
Contract volumes are planted against your programme. Where crop failure, flood, pest or disease outbreak, road closure or other event beyond our reasonable control reduces available volume, we will notify you as early as we can and allocate available produce proportionally among contracted buyers. We will not buy in produce from the open market to cover a shortfall, because doing so would break the traceability on which this supply is based. The north-east monsoon over Kelantan from November to February is a known and disclosed seasonal constraint and is not treated as force majeure; availability in those months is agreed in the contract.
Price and taxes
Prices are quoted in Malaysian Ringgit unless otherwise agreed, exclusive of taxes and duties. Prices are held for the contract period stated in the order confirmation. Sales and Service Tax, import duties, customs charges and any levy in the destination country are for your account unless the agreed Incoterms rule places them with us.
Payment
Payment terms are stated on the order confirmation and set out on our Payment and Delivery Terms page. Title in the goods remains with us until payment is received in full. Late payment carries interest at the rate stated in your order confirmation, calculated per month on the outstanding amount, and we may suspend further deliveries while an invoice is overdue.
Delivery
Delivery is made on the agreed Incoterms® 2020 rule. Delivery windows are confirmed the working day before dispatch. Where you collect at the farm gate, you must present at the agreed window; produce held beyond it is at your risk.
Packaging and labelling
Standard packing is as described on the relevant produce page. Buyer-specified cartons, crates, punnets and private labelling are available subject to material lead time and minimum quantity, and are quoted separately. Grade and traceability data are marked on every box in all cases.
Cancellation
An order confirmed against a planting block cannot be cancelled once the crop is committed, because the volume cannot be resold at short notice. A spot order may be cancelled without charge up to 48 hours before the dispatch date.
Warranties and exclusions
We warrant that produce supplied conforms to the agreed grade at the point risk passes, is produced under the practices described on this website, and is fit for the ordinary purpose of the goods. All other conditions and warranties implied by statute are excluded to the extent permitted by the Sale of Goods Act 1957 and the Contracts Act 1950. We are not liable for indirect or consequential loss, loss of profit, or loss of contract.
Compliance
You are responsible for import licensing, permits, phytosanitary and food safety clearance, and labelling requirements in the destination market. We provide the documentation listed on our Export Markets page and will support an application, but we do not warrant that any consignment will be admitted by a foreign authority.
Governing law and disputes
These terms are governed by the laws of Malaysia. The parties will first attempt to settle any dispute by discussion between the named contacts. Failing settlement within 30 days, the dispute is referred to arbitration at the Asian International Arbitration Centre in Kuala Lumpur under its rules, in English, before a single arbitrator. Nothing prevents either party from seeking urgent injunctive relief from the Malaysian courts.