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Terms & Conditions

 1. Interpretation

1.1 In these Terms and Conditions:

– “Buyer” means the person who accepts the price on the website and quotation of Newton Leather for the supply of the Products or who otherwise enters into a contract for the supply of Goods with Newton Leather.
– “Contract” means the contract for the purchase and sale of the Products, howsoever formed or concluded;
– “Order” means the order submitted by the Buyer to the Site to purchase a Product;
– “Payment” means the payment made by the Buyer for the Order;
– “Products” means the leather seat coverings for automobiles which Newton Leather is to supply in accordance with a Contract;
– “Terms and Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Newton Leather;
– “Writing” includes electronic mail facsimile transmission and any comparable means of communication.

 

2.  Basis of the Contract

2.1 The sale and supply of the Products by Newton Leather to the Buyer under any Contract shall be subject to these Terms and Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 The Buyer must be at least 18 years old and possess a valid credit or debit card issued by a bank acceptable to us in order to place any order with us.

2.3 Any information made available on the Site including photographs, drawings, information about the extent of the delivery, appearance, performance, dimensions, weight, are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that he does not rely on and waives any claim based on any such representations or information not so confirmed.

2.4 No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and Newton Leather,

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Newton Leather. on its website shall be subject to correction without any liability on the part of Newton Leather.

2.6 Newton Leather may provide Buyer with electronic documents such as tax invoices, receipts, credit notes, debit notes, or any other document.

 

3 Orders and Specifications

3.1 Order acceptance and completion of the contract between the Buyer and Newton Leather will only be completed upon Newton Leather issuing a confirmation of payment of the Products from the Buyer. For the avoidance of doubt, Newton Leather shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to the issuance of the confirmation of payment. Newton Leather shall furthermore be entitled to require the Buyer to furnish Newton Leather with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of payment.

3.2 No concluded Contract may be modified or canceled by the Buyer except with the agreement in writing of Newton Leather and on terms that the Buyer shall indemnify Newton Leather in full against all loss (including loss of profit) costs (including the cost of all labor and materials used) damages charges and expenses incurred by Newton Leather as a result of the modification or cancellation, as the case may be.

 

4. Price

The price of the Products shall be the price stated on the Site at the time the Buyer makes its offer to purchase to Newton Leather. The price excludes the cost of delivery charges shall be in accordance with the delivery rates of the third-party courier service company, any applicable goods and services tax, Sales Service Tax (SST) or other similar tax which the Buyer shall be liable to pay to Newton Leather in addition to the price.

 

5. Delivery Policy

5.1 Delivery of the Product shall be made to the address specified by the Buyer in its Order on the Site.

5.2 Newton Leather has the right at any time to sub-contract all or any of its obligations for the sale of the Product or appoint any suitable third-party courier service company to ship and deliver the Product without giving notice of the same to the Buyer.

5.3 Newton Leather will make every reasonable effort to ensure the timely delivery of the Product. However, since the delivery of the Product is through a third-party courier service company, any dates quoted for delivery of the Products are approximate and best estimates only. The time for delivery/performance shall not be of the essence of the Terms and Conditions and Newton Leather shall not be liable for any delay in delivery or performance howsoever caused.

5.4 Newton Leather will pack the paid orders from our warehouse within [ thirty (30)] working days from the date of payment and order. Delivery normally takes about [seven (7)] working days from the time of dispatching the order to reach you if your Order is within Malaysia. If your Order is made outside Malaysia, the delivery timeframe shall be dependent on your location.

5.5 Notwithstanding Clause 5.4 above, Newton Leather reserves the right to extend the delivery timeline of the Product for an additional seven (7) to fourteen (14) working days from the estimated delivery timeframe as mentioned in Clause 5.4 subject to the level of customization of the Product.

5.6 We will not be responsible for any Product lost or damaged in transit once it has been handed over to the courier company as the courier company shall be solely responsible for the delivery of the Products.

 

6. No Return Policy

6.1 Products sold are not returnable or exchangeable as they are customized in accordance with the Buyer’s requirements as specified in the Order. However, Newton Leather shall allow for the return and exchange of Products if the Products which are different from the Order is delivered.

6.2 Provided Always that the Buyer shall return or cause to be returned to Newton Leather Sdn Bhd the aforesaid Product unused and in its original condition, quantity, and packaging as it is first delivered to the Buyer together with the proof of Order, Payment, and delivery of the Product.

6.3 Please contact us at newton@newtonleather.com with your order number and a photograph of the incorrect Product within seven (7) days upon receipt of your parcel.

6.4 The Buyer is required to send back the incorrect Product to us via a reliable courier service company to the following address:-

1A & 1B, Jalan Bunga Melati,Taman Maju Jaya, Cheras,56100 Kuala Lumpur.

 

7. Liability

7.1 Newton Leather  hereby warrants that the Product will be handed over to the courier company undamaged in the quantities.

7.2 The Product is intended to be used strictly in accordance with Newton Leather’s latest published instructions as set out on the Site or as on the Product itself. It is the Buyer’s responsibility to ensure that the Product is used strictly in accordance with those instructions.

7.3 The Product must only be installed by Newton Leather’s authorized installer in order for the Buyer to enjoy the warranty of the Product. The warranty of the Product will be automatically voided in the event that the Product was installed by an unauthorized installer and Newton Leather shall not be responsible for any losses, liabilities, damages, costs, expenses, or personal injuries suffered in the event the Product was not installed by a Newton Leather’s authorized installer.

7.4 Subject to the provisions of this clause Newton Leather guarantees the Product against any defect, which can be proved to Newton Leather’s satisfaction to have been caused by faulty materials or workmanship by Newton Leather or incorrect installation by Newton Leather’s authorized installer. Should such a defect appear, Newton Leather’s liability shall be limited solely to the refund of the amount paid by the Buyer for the defective Product.

7.5 Newton Leather  shall not be liable for any defect in any of the following circumstances:-

  1. At the time of the appearance of the defect, more than twenty-four (24) hours have elapsed from the receipt of the goods, or
  2. The defect has been caused or contributed to by faulty installation by the Buyer, or
  3. The Buyer fails within twenty-four (24) after the assumed defect has become apparent to notify that defect to Newton Leather  in writing quoting the order number and date of purchase.

7.6 Save and except for as provided in these Terms and Conditions, Newton Leather  shall not be liable for any direct or indirect, consequential, incidental, special, or punitive damages including without limitation damages for loss of profits, revenue, or business opportunity, business interruption, loss of data, whether in contract, negligence, tort, or otherwise, arising from the use or inability to use, whether directly or indirectly, the Products.

 

8. Refund Policy

8.1 Refund can be arranged only for the following reasons:

  1. if the Product has been delivered in a damaged or defective state;
  2. if the Product which was ordered and invoiced is not included in the delivery; Subject to Clause 5.3, if the Buyer has been charged for a Product which has not been delivered within thirty (30) working days from the estimated delivery timeline, the Buyer should notify Newton Leather Sdn Bhd immediately and Newton Leather Sdn Bhd shall conduct an investigation to determine the cause of the non-delivery and the refund shall be made by either Newton Leather Sdn Bhd or the courier company depending on the finding of the investigation. The refund to the Buyer shall be the price of the Product as originally charged to the Buyer; or
  3. if a Buyer is charged more than the price of the Product as displayed on the Site when the Buyer makes its Order, Newton Leather  shall refund to the Buyer the difference.

8.2 All refunds will be made via the same mode of payment within sixty (60) working days depending on the Buyer’s appointed financial institution’s refund policy. Newton Leather  shall not be liable for any loss, damage, cost, or expense that the Buyer or any person may incur as a result of any delay in the Buyer’s financial institution processing the said refund.

 

9. Force Majeure

Newton Leather  is not liable for any loss or damage arising out of an act of God, war, terrorism, strike, lockout, trade dispute, fire, breakdown, global pandemic, interruption of transport, or by any cause whatsoever outside its control.

 

10. Data Protection

Please see our Privacy Policy, which forms part of these Terms and Conditions.

 

11. Intellectual Property Rights

Newton Leather  reserves all intellectual property rights to any content and Products that it provides to Buyer, including the design of the Product and Site, including copyright and trademark rights. All other names, goods, and marks mentioned are the intellectual property. Nothing in these Terms and Conditions shall be construed or deemed as granting or providing to Buyer any right, license, interest, or permission to deal with any intellectual property of Newton Leather  in any way including, without limitation, the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works, or use the same, and the right to use of Newton Leather’s trademarks or trade names or designs in an unauthorized manner. The Buyer may not use any of Newton Leather’s trademarks or designs without the prior written consent of Newton Leather. All rights not expressly granted herein are reserved to Newton Leather. Except as otherwise permitted by applicable law, any publication of any copyright work and the Product are strictly prohibited without the written consent of Newton Leather.

 

12. Amendment to the Terms and Conditions

12.1 Newton Leather reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on the Site and any social media owned by Newton Leather. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

 

13. Termination

13.1 Newton Leather may terminate the Contract without prior notice. Cause for such termination shall include without:

  • you being declared insolvent or bankrupt;
  • failure to make any payment that is due under the Contract;
  • request by law enforcement or other government agencies; failure to comply with the Contract;
  • infringement of intellectual property rights of Newton Leather or others; or
  • unexpected technical or security issues or problems

13.2 The Buyer further understands that a termination of the Contract shall result in a termination of the Buyer’s access to the Products that the Buyer has purchased. In addition, the Buyer is not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Contract in accordance with its terms.

13.3 Termination of the Contract shall be without prejudice to any other rights or remedies Newton Leather  may be entitled to under the Contract, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

 

14. Price Revisions

14.1 Newton Leather  reserves the right to revise the price of any of its Products at any time prior to the conclusion of a Contract.

14.2 The revised price will be published on the Site.

 

15. Warranty

The limited warranty is applicable specifically for all leather trim product under the Newton Leather brand name manufactured or distributed by Newton Leather in the country in which they are purchased only. This limited warranty is only applicable when the attached Owner Registration Card is received within 30 days from the date of purchase. This Warranty is not transferable and is limited to the original purchaser Only.

Newton Leather warrants its leather interiors to be free from defect in materials and workmanship for a period of 36 months or 75,000 km, whichever is earlier when cared for in accordance with the leather maintenance guide set out in this limited warranty. This warranty does not apply to claims caused by abrasions, cuts, scratches, scraps, tears or for abusive and excessive wear and also claims for damage arising from the application of silicone-based product or other chemicals. This warranty is not applicable for claims other than those caused from normal usage and excludes specifically damages arising from accidents, alteration or lack of maintenance. This warranty is limited to the replacement of leather and associated labor costs only. The company will not be held for any color dye lot variation for replacement leather.

For warranty claims, this Owner Registration Card is required to be stamped by the authorized dealer at the date of purchase and shall be presented to any of the authorized dealer or installers when making a warranty claim. All warranty claims are to be pre-authorized.

Leather Maintenance

 

15.1 Care

Remove dust regularly with a soft cloth, From time to time, you may also remove stains with a moist cloth.

15.2 Cleaning

All liquid or food spills should be absorbed immediately then cleaned with a lukewarm detergent moistened cloth using large-sized movements. Do not rub on the stain only.

DO NOT APPLY SILICON-BASED PRODUCT, SHOE POLISH, OR CHEMICALS ON LEATHER

Newton Leather recommends the use of the specially formulated Newton Leather protection kit for the maintenance of your leather.