Terms of Purchase

v.20260830

1.1 These Terms and Conditions (“Terms”) govern the sale of products (“Products”) by Minarch Sdn Bhd (“Minarch,” “we,” “us,” or “our”). By placing an order, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.

1.2 The terms in this document are subject to change without prior notice, and the latest version will be posted on our website or available at our showroom.

2.1 You agree to pay Minarch Sdn Bhd the total amount specified as “TOTAL” on your sales order (“Order”). The price is quoted in Ringgit Malaysia (RM) and includes one time delivery only.

2.2 Full payment must be made at the time of order. Under no circumstances shall the initial payment be regarded as a deposit. Receipt of full payment will be issued upon order confirmation or upon clearance of cheque or bank transfer.

2.3 In cases where you choose to pay a deposit, at least seventy percent (70%) of the total sales amount is required to proceed with order production. If an initial payment of less than 70% is made, the remaining deposit must be collected before the order can be processed.
Full payment of the remaining balance must be completed at least three (3) days before scheduling the actual delivery date.

2.4 Please note that the deposit is non-refundable once paid, regardless of any subsequent cancellation or change. For more information, please refer to Clause 3 regarding order acceptance and cancellation policies.

2.5 Accepted payment methods include cheque, credit/debit card, online transfer (EFT), or cash. For security and record-keeping, cash and card payments must process at our showroom equipped with CCTV surveillance.

2.6 Payment by cheque must be received and cleared at least seven (7) business days prior to the estimated delivery date.

2.7 Customers are responsible for any costs incurred in arranging payment, including additional transfer fees and related charges.

2.8 When you place your order, we conduct a standard pre-authorization check on your payment method to ensure sufficient funds are available. Your order will not be dispatched until this check is successfully completed.

2.9 Upon placing your order and paying the deposit, Minarch will issue a “Sales Order” document specifying the details of your order.

3.1 The Customer’s order details—including quantities, specifications, and descriptions—are as specified in the sales order.

3.2 Changes to the order (such as model, color, or options) must be requested within three (3) calendar days of the original order date stated in Sales Order. Changes may be subject to additional costs, availability, and approval.

3.3 When a deposit is accepted by Minarch for your purchase of a product, the order becomes immediately binding on both Minarch and you:

• 3.3.1 You agree to all the terms and conditions outlined in these Terms.
• 3.3.2 You warrant that you are authorized to use the payment method provided.
• 3.3.3 You warrant that you are at least eighteen (18) years old.
• 3.3.4 You become liable to pay the remaining balance for the products according to these Terms.

3.4 By placing an order and making either full payment or a deposit, you acknowledge and agree that the product meets your requirements and is suitable for its intended purpose in every respect.

4.1 Minarch will coordinate with you to establish an estimated delivery date (typically stated in “Sales Order”). Please be advised that delivery dates are approximations and not definitive. Any deferment of the delivery date must receive prior written consent from Minarch. (Refer to Storage Options if necessary.)

4.2 Should your order be ready ahead of schedule and you consent to an earlier delivery, this will constitute the new delivery date. Minarch will provide you with confirmation.

4.3 At our discretion, Minarch may execute partial deliveries at no additional cost. However, should you request partial shipments, applicable delivery fees will be incurred.

4.4 For Delivery During Renovations, if you request delivery prior to the completion of renovation works, please designate an on-site representative to inspect and verify the condition of the products upon delivery. The appointed representative must endorse the delivery order, thereby confirming the products’ satisfactory condition.

Minarch will facilitate an on-site inspection by unpacking the products for assessment, subsequently rewrapping them with the original packaging materials to the best extent possible.

Minarch disclaims any liability for damages noted post-inspection, as such damages may be attributable to third parties, including contractors or movers engaged by you.

4.5 Minarch will not be held accountable for delivery delays arising from circumstances beyond our control, such as supplier constraints, production setbacks, or transportation issues.

4.6 Delivery Within Two (2) Months
All products must be scheduled for and completed delivery within two (2) months from the original estimated delivery date stated in the Sales Order.

4.7 Storage Beyond Two (2) Months
If delivery is not completed within two (2) months, any continued storage will be at the customer’s own risk. MINARCH shall not be responsible or liable for any natural changes, deterioration, discolouration, material movement, or other changes to the products or materials resulting from prolonged storage or environmental conditions.

4.8 Natural Disaster & Force Majeure
MINARCH shall not be responsible or liable for any loss or damage to products arising from natural disasters, fire, flood, storm, lightning, or other force majeure events occurring during any period of storage beyond the initial two (2) months.

4.9 Customer’s Own Risk
Any products remaining in MINARCH’s storage facility beyond the two (2) month period shall be stored entirely at the customer’s own risk. Any applicable Extended Storage Fees shall continue to apply.

5.1 The Customer is responsible for providing a valid and complete delivery address at the time of order. Minarch does not deliver to PO Boxes. A person aged 18 years or above must be present at the delivery address to accept the Products.

5.2 The Customer must inform Minarch in advance of any potential access restrictions or special delivery requirements, including but not limited to staircases, narrow passages, restricted entryways, limited or unavailable lift access, height or size restrictions, management requirements, restricted delivery hours, permits, or any other site conditions that may affect delivery.

5.3 The Customer is solely responsible for ensuring that the delivery route and intended placement area have sufficient access, clearance and capacity for the Products. This includes access roads, entrances, doors, corridors, lifts, staircases and the final placement area. The Customer is responsible for verifying the Product dimensions against the available access prior to delivery.

5.4 MARBLE PRODUCT:
Where manual carrying of any marble product up or down a staircase is required, a staircase delivery charge starting from RM500 per floor, per item shall apply. The final applicable charge may vary depending on the size, weight, dimensions and fragility of the Product, as well as the accessibility, site clearance and overall delivery conditions.

Where, in Minarch’s assessment, manual handling is not safe or reasonably practicable, including where there is any potential safety risk to the delivery personnel, manual delivery shall not be carried out. Minarch may require alternative delivery arrangements, including but not limited to cranes, hoisting equipment, specialised lifting equipment, dismantling or other appropriate delivery methods. All related costs, including equipment, manpower, permits and contractor charges, shall be borne by the Customer.

5.5 Sofas and Other Furniture:
For sofas, bedframes, mattresses, coffee tables, side tables, console tables and other applicable furniture items, manual staircase delivery may be accommodated for up to a maximum of two (2) floors, subject to the size, weight and dimensions of the Product, as well as the accessibility, site clearance and overall delivery conditions.

Where delivery involves more than two (2) floors, an additional staircase delivery charge starting from RM200 per floor, per item shall apply for each floor beyond the second floor.

Where, in Minarch’s assessment, manual handling is not safe or reasonably practicable, including where there is any potential safety risk to the delivery personnel, manual delivery shall not be carried out. Minarch may require alternative delivery arrangements, including but not limited to cranes, hoisting equipment, specialised lifting equipment, dismantling or other appropriate delivery methods. All related costs, including equipment, manpower, permits and contractor charges, shall be borne by the Customer.

5.6 All applicable additional delivery charges must be paid in full prior to delivery. Where any staircase requirement, access limitation or special delivery requirement is only identified upon the delivery team’s arrival, delivery shall not proceed until the applicable charges and arrangements have been confirmed and paid.

5.7 Failure by the Customer to disclose any access restriction, staircase requirement or special delivery condition in advance shall not exempt the Customer from any applicable additional charges.

5.8 If delivery cannot proceed due to inaccurate or incomplete information provided by the Customer, insufficient access or clearance, unavailable or unsuitable lift access, management restrictions, lack of required permits, unsafe site conditions, absence of an authorised recipient, or any other condition beyond Minarch’s control, the delivery shall be deemed unsuccessful.

5.9 In the event of an unsuccessful delivery, the Customer shall be responsible for all applicable re-delivery, storage, additional manpower, handling, dismantling, reassembly, specialised equipment and other related charges.

5.10 Minarch shall not be liable for any property damage caused by third-party delivery personnel or contractors engaged by the customer.

5.11 The Customer shall ensure that all existing furniture, fittings, fixtures, obstructions and other items that may interfere with delivery or placement are removed or cleared prior to delivery. Minarch shall not be responsible for moving or removing existing furniture or obstructions unless otherwise agreed and subject to applicable charges.

5.12 Minarch shall not be liable for any delay, failed delivery or additional costs arising from the Customer’s failure to provide accurate information, adequate access, required permits or suitable site conditions.

5.13 Minarch shall not be responsible for any damage arising from existing site conditions, inadequate access or clearance, or instructions given by the Customer to proceed with a delivery method that Minarch has deemed unsafe or unsuitable.

5.14 Minarch reserves the right to assess the accessibility and safety of the delivery premises at any time and to determine whether delivery can reasonably and safely be carried out.

6.1 You may defer delivery and have your order stored by Minarch at no additional charge for up to eight (8) weeks beyond the original estimated delivery date stated in your sales order (“Free Storage”), subject to the following conditions:

• 6.1.1 The entire order is fully ready and available for pickup at our warehouse; and
• 6.1.2 You notify Minarch in writing or text messages at least 48 hours before the estimated delivery date stated in your sales order to request the Free Storage.
• 6.1.3 This deferment and free storage service can be utilized once per order. If the storage period exceeds eight (8) weeks, the product must be delivered or removed from our storage facility.

6.2 You may request an extension of storage beyond eight (8) weeks by paying for additional storage (“Extended Storage”).

• 6.2.1 The request must be made at least 48 hours prior to the original delivery date.
• 6.2.2 The applicable fee is RM90 per week of storage or 0.3% of the total order amount per week of storage, whichever is higher.
• 6.2.3 The order will be stored at your cost until the next scheduled delivery date.

6.3 The invoice for the extended storage fee will be issued to you, and full payment must be made before delivery of the products. Delivery will not proceed if the payment is not received.

7.1 Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the Minarch Showrooms before purchasing the Products. If you cancel your order Minarch will rescind the contract for sale of the Products by notice to you and you:

• 7.1.1 agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced and
• 7.1.2 agree to forfeit the entire purchase price of the products if the products are Clearance Products; and
• 7.1.3 will have no further claim to the Products, and
• 7.1.4 Minarch may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.
• 7.1.5 Minarch accepts no cancellation of orders, returns, refunds or exchanges on Clearance Products to the extent that any physical imperfections or other defects have been made known to you or have otherwise been identified by you from your reasonable inspection at the time of your purchase.

7.2 Please note that custom-made, clearance items, or display units are non-refundable and non-cancellable. Negotiations for the refund amount are not entertained. All decisions regarding returns, refunds, or cancellations are at the sole discretion of Minarch Sdn Bhd.

7.3 If full payment is not made within the specified period, Minarch reserves the right to treat this as a breach of the sales contract.

• 7.3.1 In such cases:
  • 7.3.1.1 You agree to forfeit your deposit, or if the products are clearance items, the full purchase price.
  • 7.3.1.2 You shall have no further claim to the products.

8.1 For the purposes of these Terms, “Clearance Products” refers to any goods offered for sale or sold by Minarch Sdn Bhd that fall into one or more of the following categories:

• 8.1.1 Items identified and promoted as “Clearance” or similar titles;
• 8.1.2 Display items;
• 8.1.3 Products that may be defective, damaged, flawed, soiled, or of substandard quality;
• 8.1.4 Items sold at a discount from their normal retail price due to the aforementioned defects, damages, or substandard conditions;
• 8.1.5 Goods sold as part of a “Clearance Sale” or similar promotional events conducted by Minarch.

8.2 When purchasing Clearance Products, it is your responsibility to inspect the goods prior to purchase. You acknowledge and accept any defects, minor damages, scratches, marks, or blemishes that do not affect the product’s performance. Such visible defects or damages will be noted at the time of sale and will not be covered under warranty.
Please note that products purchased as Clearance Products are sold “as is,” and no warranties or guarantees are provided for such goods.

8.3 Storage, Payment and Refunds for Clearance Products

• 8.3.1 Minarch provides one (1) month of complimentary storage for Clearance Products, calculated from the Confirmation Date (the date the order is confirmed in writing).
• 8.3.2 Thereafter, storage charges will apply automatically and are compulsory at RM270 per week or 1% of the invoice value per week, whichever is higher. Charges will be calculated pro rata for partial weeks.
• 8.3.3 All Clearance and display items require full payment upon confirmation of the order. Payment must be received in cleared funds prior to release or delivery of the goods.
• 8.3.4 All payments for Clearance and display items are strictly non-refundable.

9.1 MINARCH SDN BHD shall not be responsible for any delay in performing any of its obligations where the delay is caused by factors beyond our control, including but not limited to delays caused by the supplier or manufacturer, production delays, or shipping and transportation delays.

10.1 The appearance of your purchase may differ from the samples or images displayed in Minarch’s showroom or on our website, due to the natural characteristics of the materials used and the craftsmanship involved. Examples include, but are not limited to:

• 10.1.1 Surfaces of furniture, such as upholstery, may vary in appearance, creasing, or softness.
• 10.1.2 Timber components may differ in colour, finish (including stain, paint, or veneer), or grain pattern as part of our ongoing improvement process.
• 10.1.3 Leather, fabric, and other material samples are approximate representations; existing batches may vary in colour, texture, or shade due to natural variation.
• 10.1.4 Genuine leather will display scars, marks, and areas of differing density and shade, which are characteristic of high-quality, natural leather.
• 10.1.5 Natural marble or stone surfaces will exhibit veining, colour variations, and patterns unique to each piece. These variations are inherent to natural marble and are considered part of its beauty and authenticity.

10.2 To the fullest extent permitted by law, Minarch reserves the right to modify dimensions, materials, design, and construction specifications of our products to improve the overall quality and aesthetic, without compromising the essence of the agreed-upon product. Such changes will typically be minor and unnoticeable.

10.3 If replacement parts or repairs are needed under warranty, and if the original product has been discontinued or altered, Minarch will use our best efforts, subject to the limitations above, to ensure that repairs and replacements meet our quality standards.

11.1 All manufacturing defects and delivery damages must be reported within 24 hours of delivery with digital images. If a manufacturing defect or delivery damage occurs to the furniture during delivery, you must refuse the delivery and immediately notify our staff. If the defect or damage is verified, MINARCH SDN BHD will repair or send new parts at our expense, at our sole and exclusive discretion.

12.1 To the extent permitted by law, all warranties, whether implied or expressly stated in these Terms, are excluded. Minarch Sdn Bhd shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise, for:

• 12.1.1 any increased costs or expenses incurred;
• 12.1.2 any loss of profit, revenue, business opportunities, or anticipated savings;
• 12.1.3 your misuse or improper use of the products;
• 12.1.4 acts, omissions, or negligence by you or your agents;
• 12.1.5 any loss or expense arising from a claim made by a third party;
• 12.1.6 delays in delivery or performance of the products;
• 12.1.7 any indirect, consequential, or special damages arising from Minarch’s delay or failure to fulfill the order.

12.2 Where Minarch’s liability cannot be excluded, the maximum aggregate liability for any breach of warranty, guarantee, or condition (whether implied by law or otherwise) shall be limited to the amount paid by you for the product that gave rise to the liability.

13.1 All intellectual property rights—including but not limited to designs, patents, trademarks, copyrights, and trade secrets—remain the property of Minarch or its licensors at all times.

13.2 You agree not to duplicate, reverse engineer, copy, or use any of Minarch’s intellectual property without prior written permission. Breach of this clause may result in legal action and compensation for damages.

14.1 At the sole and exclusive discretion of MINARCH SDN BHD, and in appropriate cases, assistance will be provided in facilitating valid claims against applicable manufacturer’s warranties. MINARCH SDN BHD will not be responsible for any costs, including but not limited to delivery costs, incurred in the processing of claims under manufacturer warranties. Questions regarding warranties should be directed to our staff with a copy of your original purchase invoice.

15.1 Minarch may collect and process your personal data according to our Personal Data Protection Policy, available on our website or upon request.

15.2 By purchasing our products, you consent to the processing and possible transfer of your data, including overseas transfer, where necessary for business operations, in accordance with our policy.

16.1 To the full extent permitted by law, you agree to indemnify and hold harmless Minarch against any liabilities, expenses, or damages arising from your breach of these Terms or your misuse of the products, including acts of negligence or omission.

17.1 These Terms shall be governed by the laws of Malaysia. Both parties agree to submit to the non-exclusive jurisdiction of Malaysian courts.

18.1 These Terms constitute the entire agreement between Minarch and you regarding the purchase of products and supersede all prior communications and agreements.

18.2 If any part of these Terms is deemed invalid or unenforceable, that part shall be severed, and the remaining provisions shall remain in full force and effect, as closely aligned to the original intent as possible.

19.1 By submitting your payment OR signing this document, you acknowledge and agree to be bound by our Terms of Purchase and Warranty Policies of Products. You further acknowledge that we reserve the right to amend the Terms of Purchase at any time without prior notice.

MINARCH SDN BHD provides a Limited Warranty against manufacturing defects for sofas under normal residential use and proper care from the date of delivery.

Warranty Coverage

This Limited Warranty covers manufacturing defects in materials and workmanship under normal residential use and proper maintenance during the applicable warranty period.

This Limited Warranty Does Not Cover

• Delivery, transportation, installation, or service charges for warranty claims or replacement components.
• Products used for commercial, office, rental, hospitality, or any non-residential purposes.
• Damage resulting from accidents, misuse, abuse, negligence, improper handling, or improper installation.
• Normal wear and tear, including natural softening of seat foam, fabric stretching, wrinkles, creases, or changes in comfort over time.
• Natural characteristics of genuine leather, including grain variations, colour variations, scars, wrinkles, stretch marks, and other natural markings.
• Cracking, peeling, fading, or discolouration of leather, PU, fabric, or upholstery materials caused by ageing, direct sunlight, heat, humidity, or environmental conditions.
• Damage caused by burns, cuts, punctures, sharp objects, pets, insects, or other external factors.
• Damage resulting from improper cleaning or the use of unauthorised chemicals, detergents, solvents, stain removers, conditioners, or cleaning methods.
• Damage caused by corrosive substances, including acids, solvents, dyes, inks, paints, or human or animal body fluids.
• Damage resulting from flooding, excessive moisture, direct exposure to sunlight, heat sources, or other environmental conditions.
• Products sold as display units, showroom samples, clearance items, used goods, or products sold on an “as-is” basis.
• Any repair, modification, alteration, or replacement carried out by persons or service providers not authorised by MINARCH SDN BHD.
• Claims where the original purchase invoice or valid proof of purchase cannot be provided.
• Minor variations in colour, grain, texture, or finish between replacement materials and the original product due to the natural characteristics of materials or manufacturing improvements.

Warranty Conditions

• This warranty is valid only for the original purchaser and is non-transferable.
• The warranty period commences from the date of delivery stated on the original invoice.
• MINARCH SDN BHD reserves the right to inspect the product before determining the cause of the defect and approving any warranty claim.
• If a warranty claim is approved, MINARCH SDN BHD will, at its sole discretion, repair or replace the defective component with the same or an equivalent product.
• Replacement parts or materials may differ slightly in colour, texture, grain, or finish from the original product due to natural material variations or product improvements.
• This Limited Warranty is limited solely to the repair or replacement of defective components and does not cover any indirect, incidental, consequential, or economic losses arising from the use of the product.
• Any transportation, delivery, installation, dismantling, or labour charges associated with warranty service, where applicable, shall be borne by the customer unless otherwise agreed by MINARCH SDN BHD.
• MINARCH SDN BHD reserves the right to amend, modify, interpret, or update the terms and conditions of this Limited Warranty at any time without prior notice.

By purchasing and using a MINARCH sofa, the customer acknowledges and agrees to the terms and conditions of this Limited Warranty.

21.1 Manufacturer Defect Coverage

Our warranty coverage for manufacturer defects extends until the end of the date of delivery. Please inspect your tables upon receipt and notify us promptly of any issues.

• Structural Integrity: We guarantee the structural integrity of the marble table against defects in materials and workmanship. This includes any cracks, fractures, or breakages that occur under normal use and handling.
• Surface Finish: Our warranty covers the surface finish of the marble table, ensuring it remains smooth and free from defects such as scratches, stains, or discoloration.
• Edges and Corners: We ensure that the edges and corners of the marble table are properly finished and free from chips or damage.

21.2 Exclusions

While our warranty provides comprehensive coverage for our natural marble dining tables, there are certain exclusions:

• Wear and Tear: Once the wood box containing the table is opened, any subsequent damages, including scratches, dents, or cracks, will be considered normal wear and tear after successful delivery and will not be covered under the warranty.
• Natural Variations: Please note that natural marble is inherently variable in colour, veining, and texture. Minor variations in these aspects are to be expected and are not considered defects.
• Improper Use: Damages resulting from improper use, misuse, neglect, or accidents are not covered under the warranty. This includes but is not limited to using abrasive cleaners, placing excessive weight on the table, or subjecting it to extreme temperatures.

21.3 Proper Measurement Reminder

Please ensure to provide accurate measurements of your elevator or any access points to your residence before placing your order. We are not liable for refunds or returns if the product cannot be delivered due to inadequate space or accessibility.

21.4 Care and Maintenance

To maintain the beauty and integrity of your natural marble dining table, we recommend the following care and maintenance guidelines:

• Cleaning: Regularly clean the surface of the marble table with a soft cloth dampened with water or a pH-neutral cleaner. Avoid using abrasive cleaners or acidic substances that may damage the surface.
• Protection: Use coasters, placemats, or tablecloths to protect the marble surface from scratches, spills, and heat damage. Wipe up spills promptly to prevent staining.
• Avoid Impact: Avoid placing heavy or sharp objects directly on the marble surface, as they may cause scratches, chips, or cracks.

22.1 Wear and Tear Coverage

We stand behind the quality of our dining chairs. Thereby, we don’t cover wear and tear, including scratches, marks, stains, and dents on wood or metal legs. Please inspect your chairs upon receipt and notify us promptly of any issues.

22.2 Manufacturer Defect Coverage

We guarantee against manufacturer defects for 7 days after delivery. This includes loose parts (e.g., screws, swivel mechanisms), shaky legs, and open stitching. Contact us immediately if you discover any defects.

Note: Coverage excludes damages from improper assembly, misuse, or accidents.

22.3 Care and Maintenance

To maintain your dining chairs’ longevity:

• Avoid Tilting: Refrain from tilting the chair forward or backward.
• No Standing or Jumping: Do not stand or jump on the chair.
• Regular Cleaning: Wipe down with a soft, damp cloth. Avoid harsh cleaners.
• Sunlight Protection: Position away from direct sunlight to prevent fading.
• Floor Protection: Use felt pads to minimize scratches on floors.
• Rotate Usage: Distribute wear evenly by rotating chair usage.
• Avoid Sharp Objects: Refrain from placing sharp objects directly on the furniture surface to prevent scratches or punctures.
• Handle with Care: Lift furniture rather than dragging it across floors to prevent scratches and damage to both the furniture and flooring.

22.4 Chromatic Aberration

As we offer make-to-order furniture, variations in colour and texture may occur due to differences in materials and manufacturing processes. While we strive for consistency, chromatic aberration may occur, resulting in slight colour deviations from samples or images provided. This natural occurrence is not considered a defect and is not covered under our warranty.

22.5 What is Considered Improper Use?

Improper use of dining chairs can lead to damages not covered by our warranty. Improper use includes, but is not limited to:

• Overloading: Placing excessive weight on the chair beyond its recommended capacity.
• Misuse: Using the chair for purposes other than seating, such as a step stool or ladder.
• Neglect: Failure to follow care instructions provided, resulting in avoidable damage.
• Alterations: Modifying the chair or its components in a way that compromises its structural integrity.
• Outdoor Use: Exposing the chair to outdoor conditions, such as rain or extreme temperatures, without proper protection.

For notices under these Terms or if you seek further information, please contact Minarch Customer Service:

Phone: + 60 12 598 6139

Lot 43936. 4½ Mile, 34, Jln Klang Lama, 58000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur.

Minarch Sdn Bhd (1463922-K) – www.minarch.my

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