Representation

Kuching Building Works PLT (hereinafter referred to as “We,” “Us,” and “Our”) is committed to providing quality service and products. In the event of any workmanship errors, material defects, faults, or design flaws arising during the execution of the contract, We will, at Our discretion, provide necessary labour, transport, and/or replacement parts at no additional charge to the customer, or alternatively reimburse the customer for the same. This warranty is subject to the terms and conditions outlined herein.

What is covered by the warranty

We warrant our execution of works, repairs or any similar terms referring to work carried out by us as part of our agreed upon working contract.

Our coverage

Our coverage only covers our materials, parts, components, equipment and other items that is part of the contract or required by the contract to fulfill our obligation as your contractor. We shall warrant any parts, materials, components, equipment, and/or other items as suitable or fit for the purpose and that they are in working order and free from any fault or defect, unless stated otherwise.

We shall promptly repair, replace, or otherwise correct any of our workmanship and any parts, materials, components, equipment, or other items that are part of the contract that contain faults or defects, whether such failures are observed by the owner, main contractor, architect, or engineer before or after completion of the contracted work. We shall bear all costs of correcting such work if deemed to be our responsibility after our investigations.

All warranties and guarantees of the Contractor, Subcontractors or its manufacturers and suppliers, express or implied, for any part of the work and any materials used therein shall be obtained and enforced by the Contractor for the benefit of the Owner whether or not these warranties have been assigned or otherwise transferred to the Owner

The Contractor certifies that it has obtained all warranties required by the Contract Documents in the appropriate form from subcontractors and manufacturers and will provide the Owner with executed copies of these warranties prior to Final Completion of the contract.

Beyond our coverage

We reserve the right to impose any reasonable charges for applicable costs and expenses should the services be performed outside of warranty coverage. We also reserve the right to decline to provide service where the repairs, replacements, or maintenance are deemed no longer fit for any reason.

Allocation of slot

We shall not be held liable for any losses or damages howsoever arising out of delays, loss of use, etc. due to factors outside Our control. Nevertheless, we shall make reasonable efforts to inform You in the event that the service may exceed 30 days from the date of the service request.

Limitation of Warranty

We shall not provide coverage for any circumstance below, and the list of examples is not exhaustive.

1. Normal wear and tear and cosmetic damages such as, but not limited to, corrosion, scratches, dents, rust, stains, chipping of paint,
2. Any man-made or natural disasters such as floods, war,
3. Improper ventilation, reconfiguration, movement, relocation, dismantling, removal, or routine maintenance 
4. failure problems that do not require parts and intermittent issues, including without limitations, reception and/or compatibility issues, demonstrations, training, reminders, adjustments, set-up, installation, battery change, replenishing of consumables, short circuit, routine maintenance, and servicing, periodic checkups, cleaning, and checking of improper operation or incorrect use. We will not be responsible for or pay for adjustments or repairs required because of conditions at Your location or specific to You.

Damage, fault, failure or reoccurrence due to causes beyond our control including but not limited to repairs due to operator negligence, wrong usage of electrical supply and voltage, abnormal voltage, excessive heat or cold, dust, corrosive surroundings, chemical reaction, failure to maintain by the operator, failure to operate according to the intended use, accidents, mishandling, misuse, tampering, vandalism, theft, fire, lightning, flood, wind, freezing, power failure, static, normal wear and tear, pest, intrusion of foreign matter, unusual atmospheric conditions, used exceeding normal limits or design limits, used continuously and/or subject to abuse, unreasonable, abnormal or extreme operation or acts of war or God.

Damage, fault, or failure due to alteration or repairs made by anyone other than us or the use of supplies or accessories other than those qualified by us or the manufacturer intended.

Limitation of Liability

We shall be excluded from any form of liability for the materials, parts, components, equipment, and other items that are required by the contract but NOT supplied by us. This extends to any form of liability resulting from, but not limited to, the application, utilization, consumption, or operating of any materials, parts, components, equipment, or other items that are not supplied by us.

We shall not be liable for any damages of any kind resulting from the use of our service, inability to use, misuse, or abuse, or arising directly or indirectly from the use or loss of use of, or from the breach of warranty, including incidental, special, consequential, or similar damages, or loss of anticipated profits or benefits, or for damages arising from any tort, including negligence or fault committed by us, our agent, or employees, or for any breach of contract or for any claim brought against you by any other party, due to any product, system, or equipment installed by us as part of our obligation to fulfill the contract.

Transferability of the warranty beneficiary

This warranty shall not extend to anyone other than the original registered beneficiary for the original address, but we shall evaluate it on a per-case basis on transferability in our discretion.

Application and validity of this Warranty

This warranty clause shall only serve as a general guideline and shall NOT be the sole representation of the actual provided warranty, as we may evaluate and issue a warranty on a per-case basis. We reserve the final right to exclude or nullify any part or in full of the issued warranty if the beneficiary of this warranty, in our discretion, is found to be abusing any portion of the warranty clause. If any portion of this limited warranty is held illegal or unenforceable by reason of any law, such partial illegality or unenforceability shall not affect the enforceability of the remainder of this limited warranty.

If a warranty claim is performed and it is in our opinion that it is to be covered under warranty, we may, at Our option and discretion, repair, replace, or exchange any part of the materials, systems & parts, equipment & parts, with an equivalent product, materials, systems, equipment, or parts that fulfill the original contract. We will retain any replacement materials, systems, equipment, and parts that are exchanged during the execution of the warranty process as Our property, and the replacement shall be deemed Your property. If any warranty claim is made, any remaining warranty period shall still be valid and continue as per the original duration, unless otherwise stated.

During any warranty claim, you agree to make the warrantied address reasonably accessible to Us during our operation hours. If we are not provided any reasonable and safe access to the said property, we will deem any warranty issued as voided with immediate effect.

Our decisions regarding all matters concerning this warranty shall be final and binding. All warranty information is subject to change without prior notice. We shall also reserve full rights to vary, modify, or change the terms and conditions herein due to changes in the availability of services, products, systems, equipment, etc., or for the purposes of complying with applicable policies, rules, regulations, and laws, with or without notice.

Any alteration to any portion of the warranty card or any supporting documents shall have the issued warranty voided with immediate effect.

Governing Law

This warranty is governed under the laws of Malaysia.