TERMS AND CONDITIONS OF SALE

JG Containers (Malaysia) Sendirian Berhad
Company No.: 197001000219 (9432-X)

1. DEFINITIONS

“Buyer” means any person, company or entity who:
1. accepts a quotation issued by JG for the supply of Goods; or
2. places an order for Goods which is accepted by JG (whether verbally, in writing, electronically, by invoice, by purchase order, by email, by WhatsApp or other messaging platform, or by any other method of communication); or
3. otherwise enters into a contract with JG for the supply of Goods on these Conditions, and includes any long-term or existing customer who orders Goods from JG from time to time.

For the avoidance of doubt, the issuance of an invoice by JG and/or any payment by the Buyer shall constitute acceptance of these Conditions.

“Conditions”means the general terms and conditions set out in this document and (unless the context other wiser equires) any special terms and conditions agreed in writing between the Buyer and JG.
“Contract” means a contract for the purchase and sale of the Goods, howsoever formed to which these Conditions apply.

“Goods” means the goods which JG is to supply in accordance with these

“JG” means JG CONTAINERS (MALAYSIA) SDN BHD [Registration No. 197001000219(0009432-X)] atits current registered office address at Lot No. 114, Jalan Kebun, P.O. Box 16, 41700 Klang, Selangor, Malaysia.

2. BASIS OF CONTRACT, QUOTATION,ORDERAND SPECIFICATION

Unless stated other wise by JG, quotations made by JG in whatever form are not bindingon JGandmerely constitutean invitation to the Buyer to place an order. All quotations issued by JG are revocable and subject to change without notice.

Any order submitted by the Buyer (whether by acceptance of a quotation, purchase order, invoice, email, WhatsApp or other messaging platform, verbal request, or otherwise) shall not be deemed to be accepted by JG unless and until accepted by JG. Acceptance by JG may be given in writing, electronically, by performance, by issuance of an invoice, or by delivery of the Goods. JG shall be entitled to refuse any order in its absolute discretion without providing any reasons.

JG reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable statutory or regulatory requirements, or where the Goods are to be supplied to JG’s specification, provided such changes do not materially affect their quality or performance. With regard to specified dimensions of delivery items, JG reserves the right to make reasonable deviations consistent with prevailing market standards, unless strict adherence to such dimensions has been expressly agreed in writing.

All contracts for the supply of Goods by JG are subject to these Conditions. All orders for Goods shall be deemed to be offers by the Buyer to purchase the Goods pursuant to these Conditions. Any acceptance of an order by JG, delivery of the Goods, or payment by the Buyer shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
Unless additional terms or variations to these Conditions are expressly agreed in writing by a Director of JG, any terms or conditions proposed or stipulated by the Buyer (whether in a purchase order, invoice, correspondence, messaging platform or otherwise) shall be excluded and shall not apply.

No particulars or information contained in any advertising matter, catalogues or other publications supplied by JG, nor any verbal representation by any employee, agent or representative of JG, shall form part of these Conditions or be treated as constituting any representation, promise or warranty on the part of JG. The Buyer acknowledges that it does not rely on, and waives any claim based on, such representations or information.

Where Goods are supplied by JG under a blanket order given by the Buyer or in accordance with delivery schedules, release authorisations or any other special instruction from the Buyer, each such delivery, release or instruction shall be deemed to constitute a separate contract to which these Conditions apply and prevail.

JG reserves the right to amend these Conditions at any time by giving written notice to the Buyer. Any amended Conditions shall take effect on the date of notification and shall apply to all transactions entered into between the Buyer and JG on or after that date.

3. AMENDMENTS AND CANCELLATION

No alterations or modifications to these Conditions shall be binding on JG unless expressly accepted or varied in writing by an authorised officer of JG.

Cancellation of any order cannot be made without JG’s consent in writing. In the even to facancellation by the Buyer it is agreed that JG shallbeentitled to impose a 30% cancellation charge on the price of the Goods ordered. Inaddition,the Buyer shall also fully indemnify JG against all losses including but not limited to JG’s loss of profits,liabilities and expenses incurred by JGof what soever nature arising directly or indirectly from such cancellation.

4. PRICE

Except as otherwise agreed between the Buyer and JG, the quoted price for the Goods shall include the standard West Malaysia mainland delivery and other applicable taxes and customs duties. This condition shall apply except or unless otherwise expressed and/or written in the Order Acknowledgement
Except as otherwise agreed, the price for the Goods shall be JG’s price ruling for the Good sat the date of the Order Acknowledgement subject to any other alteration by JG before delivery of the Goods, collection or notification that the Goods are awaiting collection. JG shall be entitled to invoice the Buyer for the prices of the Goods in Ringgit Malaysia or in any other nominated currency at its sole discretion.
Where the Goods are delivered by instalments and in stages,JGmay invoice each instalment or stage separately and the Buyer shall pay such invoice in accordance with these Conditions.
JG reserves the right, by giving notice to the Buyer, at any time before delivery/performance, to increase the price of the Goods in the event of:-
a) any increase in the cost to JG (such as, including but not limited to, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour materials, or other costs of manufacture);
b) any change in delivery/performance dates, quantities, or specifications for the Goods which is requested by the Buyer; or
c) any delay caused by any instructions of the Buyer or failure of the Buye rto give JG adequate information and/or instructions.
A written notice from JG, notifying the Buyer of any increase in cost and the effective date of the increase, shall be accepted by the Buyer as conclusive and binding.
Unless other wise agreed, JG’sprices include standard packaging.The Buyer shall bear the cost of any special packaging of the Goods which it may request or which may be necessitated by delivery by any means other than JG’s normal means of delivery. The Buyer shall, unless other wise agreed, be solely responsible for the disposal of all packaging in accordance with all regulations whether statutory or otherwise relating to protection of the environment.

5. PAYMENT

Unless otherwise agreed in writing the price of the Goods shall be paid promptly in accordance with the duration stated in the invoice or such credit terms granted by JG (if any) on a case to case basis. Prompt and timeous payment shall be a condition precedent of any future deliveries of Goods to the Buyer under the Conditions.
In the event of payment is not made within the duration the same is due, late payment finance charge at the rate of 1.5% per month shall be imposed on the Buyer and assessed on the portion of account or outstanding balance still due until the said out standing balance is paid in full. All cost and expenses incurred by JG with respect to the collection of overdue payments shall be borne by the Buyer.
The time of payment of the price for Goods shall be of the essence to the Contract. Receipts for payment will be issued only upon request.
Not with standing any provisions here of, JG is entitled in its absolute discretion, from time to time, to require full or partial payment for the Goods prior to delivery. Without prejudice to the foregoing,if in JG’sopinion the Buyer’s credit worthiness deteriorates before delivery of the Goods, JG may require full or partial payment of the price prior to delivery, or the provision of a security by the Buyer in a form acceptable to JG. JG reserves the right to suspend or stop delivery of the Goods in the event payment is outstanding or is not punctual.
Any complaint or discrepancies with respect to the invoice or statement of account shall be not ified to JG in writing with in fourteen(14) days after the date of invoice and/or statement of account. There after, the Buyer shall be deemed to have approved and accepted the invoice and/or statement of account as accurate.

6. CARRIAGEANDDELIVERY

Delivery of the Goods shall take place at the Buyer’s premises or at such other location as may be agreed by JG.
Dates and times quoted for delivery are estimates only,and any delay in delivery will not entitle the Buyer to damages or to any other remedies what so ever. The Goods may be delivered by JG in advance of the quoted delivery date upongiving reason able notice tothe Buyer. Unless previously agreed by JG in writing,thetime for delivery shall not be of the essence, and JG shall not be liable for any delay in delivery how so ever caused.
Whilst JG will end eavour to complete delivery of the Goods with in the agreed time and if no time is agreed upon within a reasonable time, JG shall not in any event beliable in any way for any director indirect loss, damage or expense what so ever (including without limitation loss of any profits, loss of business or turn over, all consequential loss and/or liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in delivery.
JG reserves the right to deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments,the Contract and Conditions shall becomes ever able and each instalment shall be deemed to be the subject of a separate Contract. No default or failure by JG in respect of any one or more instalments shallen title the Buyer to treat the Contract as repudiated or make claim to damages.
If the Buyer fails to take delivery of the Goods or fails to give JG ade quate delivery instructions at the time stated for delivery(other than by reason of JG’s fault) then, without pre judice to any other right or remedy available to JG, JG may at its absolute discretion:
a) store the Goods at the Buyer’s risk until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
b) arrange for such Goods to be delivered to the Buyer and the Buyer shallbe fully responsible for all costs and expenses in respect of the same; or
c) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) claim from the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract; or
d) terminate the Contract and claim for losses and damages from the Buyer.

7. WARRANTIES

Subject as expressly provided in these Conditions, all other warranties, conditions or terms, whether express or implied (including without limitation any implied warranties or conditions as to merchant ability, satisfactory quality, fitness for purpose, durability or correspondence with description), are excluded to the fullest extent permitted by law.
JG only warrants that, at the time of delivery, the Goods shall correspond to such material respects with JG’s written specification applicable to the Goods only in relation to the composition and manufacturing specification of the glass and raw materials used (“Specification Warranty”). Provided always that JG shall not be responsible for any defect in the raw materials and shall remain fully indemnified by the supplier of the same.
Subject to Clause 7, JG agrees to remedy any proven non-conformity with the Specification Warranty notified to JG in writing within one (1) month from the date the Goods are delivered or deemed delivered, (“Warranty Period”). Nothing contained herein shall extend to any damage or defect to the Goods in the manner provided in Clause 7.4 below.
The Buyer shall bear all costs of returning the Goods to JG’s premises for inspection and testing. The benefit of this Clause is non-assign able.
For the avoidance of doubt, the Specification Warranty does not extend to, and JG gives no warranty to the Goods in respect of:
a) cosmetic or visual imperfections, surface marks, minor scratches, discolouration, mould marks, bubbles, or other minor variations which do not materially affect compliance with the Specification Warranty;
b) the suitability of the Goods for any particular purpose, the usage, filling process, packaging process, sterilisation process, storage process, transportation process, or environmental condition;
c) compatibility with caps, seals, adhesives, inks, labels, coatings or other third-party materials; or
d) any defects, damage or breakage occurring after delivery.
JG binds itself only to deliver the Goods in accordance with the general description under which they were sold. Any special or particular description shall be taken only as the expression of JG’s opinion and shall not constitute any warranty.
JG shall be under no liability under the Specification Warranty where any defect or alleged non-conformity arises directly or indirectly from:
a) unsuitable or improper use, handling, packaging, storage or transport by the Buyer or any third party;
b) fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, misuse or alteration of the Goods;
c) use of the Goods in chemical, electro-technical/electronic or high-temperature environments, or under abnormal pressure or mechanical stress;
d) any filling, bottling, sterilisation, sealing or labelling processes applied by the Buyer or any third party; or
e) failure to follow any handling, storage or usage instructions issued by JG (whether oral or in writing).
A determination of whether or not the delivered Goods conform to the Specification Warranty shall be made by JG by analysing samples or records retained by JG and taken from batches or production runs in which the Goods were produced, in accordance with JG’s usual testing procedures.
In the event of dispute between the parties, JG may (but shall not be obliged to) submit representative samples to an independent laboratory reasonably acceptable to JG for testing. The results of such testing shall be final and binding. The party unable to uphold its position shall bear all costs and expenses of and incidental to such testing.
Where a claim relates to the quality, composition or manufacturing standard of the glass or raw materials, JG shall be entitled to consult with, disclose relevant information to, and involve any third-party supplier, manufacturer or raw material provider engaged by JG in the production of the Goods, including for the purposes of investigation, inspection, testing, reporting and dispute resolution. The Buyer shall provide reasonable cooperation to JG and any such supplier, including providing samples, batch details, storage records and handling records.
If the Goods are proven to fail the Specification Warranty during the Warranty Period, JG’s sole obligation (and the Buyer’s exclusive remedy) shall be, at JG’s option:
a) replacement of the non-conforming Goods; or
b) refund of the price paid for the non-conforming Goods.
Defects in portions of the Goods do not entitle the Buyer to reject the entire delivery. Complaints, if any, do not affect the Buyer’s obligation to pay as defined in Clause 5 above.

8. INTELLECTUAL PROPERTY AND DESIGN RIGHTS

The Buyer agrees that all Intellectual Property rights subsisting in or arising from the Goods including its logo, trademark, tradename, copyright and confidential information in connection with the Goods belongs to and shall at all time remain the exclusive ownership and rights of JG and the Buyer shall obtain no rights to the same what so ever.

Where Goods are manufactured to the Buyer’s design and/or specifications JG will retain all or any drawings, designs or other documents which are supplied to JG by the Buyer under the Contract unless agreed other wise.

The Buyer shall further warrant that any of its designs or specifications do not infringe any Confidential Information, patent, registered design, trade mark, copyright or other intellectual property rights and shall fully indemnify JG in respect of such claim.

Novariation under taken by JG to any design or specification provided by the Buyer under the Contract shall constitute ab reach of contract on thep art of JG and shall not subject JG to any liability what so ever.

9. LIMITATION OF LIABILITY

Under no circumstances what so ever shall JG be liable for losses special to the particular circumstances of the purchase including without limitation loss of any profits or goodwill, loss of business or turnover, all incidental and consequential loss, liabilities to third parties, indirect loss, damage to property and/or wasted expenditure even if such losses were reasonably for esee able or JG had been advised of the possibility of the Buyer incurring the same.

Without prejudice and subject to the other provisions of Clause 10 herein, it is mutually agreed that JG’s maximum liability including liability for acts or omissions of its employees, agents and sub contractors for any claim for defective Goods, breach of Contract, compensation, indemnity, t ort, misrepresentation or any other damages or losses, if any, whether in respect of one claim or the aggre gate of various claims, shall not in any event exceed the Contract price of the Goods.

The price of the Goods is based on the assumption that the liability of JG and the Buyer are as set out herein, the Buyer is advised to insure against any risk not accepted by JG.

10. TITLE & RISK IN THE GOODS

The risk of damage to or loss of the Goods shall pass to the Buyer upon delivery of the Goods to the Buyer.

Not with standing delivery and the passing of risk in the Goods or any other provision of these Conditions, the property/title in the Goods shall not pass to the Buyer until JG has received full payment for the Goods.

Until such time as the property or title in the Goods passes to the Buyer, the Buyer shall hold the Goods as JG’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly store, protect, insure, and identify as JG’s property, but shall been titledtore sell or use the Goods in the ordinary course of its business and shall account to JG for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties.

Until such time as the property or title in the Goods passes to the Buyer, JG shall be entitled, at any time, to require the Buyer to deliver up the Goods to JG and if the Buyer fails to do so forth with, to enter upon any premises of the Buyer or any hird party where the Goods are stored and repossess the Goods and for that purpose the Buyer hereby irrevocably authorises, licenses and permits JG’s servant or authorised personnel to enter upon any of its premises to recover and retake any Goods.
Not with stand in gany thing contained here in and that the property in the Goods has not been passed to the Buyer,JG shall been titled to maintain an action against the Buyer for the price of the Goods and/or all losses and damages incurred (if any).
The Buyer shall indemnify JG against all losses, damages, costs, expenses, and legal fees,incurred by JG inconnection with the assertion and en for cement of JG’s rights under this Agreement.

11. TERMINATION

JG shall be entitled forth with to terminate any Contract between it and the Buyer by written notice if the Buyer fails to pay any invoice in accordance with these Conditions or the Buyer commits any continuing or material br each of these Conditions or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is likely to be wound up or become insolvent whether compulsory or voluntarily or suffers a receiver of any ofits assets to be appointed or otherwise ceases or threatens to cease to carry on business.

If for any reason the completion of the Contract or the delivery of the Goods is in JG’s view rendered impracticable, difficult or economically not viable, JG may terminate the Contract by written notice to that effect. Not with standing the above, the Buyer is still obligedto promptly pay JG for all Goods delivered prior to such

12. FORCE MAJEURE

JG shal lnot beliable for failure to deliver or delay in the delivery of the Goods for any reason whatsoever outside the reasonable control of JG including without limitation fire, explosion,flood, tempest, strikes, riots, lock out or other industrial action, civil unrest, war, government requisition sof any kind including movement restriction, suspension or loss of means or transport, non-availability to JG of supplies, raw material, power failure, breakdown, legislation or regulations of any kind orAct of God.Any such failure or delay shall not affect the obligation of the Buyer to pay for the Goods already delivered.

13. RESALE

JG shall not be liable for any Goods which are resold by the Buyer to any third party and the Buyer shall indemnify JG against any loss, damage, injury, expense, cost (including legal costs) and/or damages arising directly or indirectly from any actual or alleged fault in the resale of any Goods.

14. RETURNOF GOODS

Subject to Clause 7.2 above, no Goods delivered in accordance with the Contract will be accepted for return without prior approval of JG in accordance with JG’s official returns authorisation procedure and on the terms to be determined at the absolute discretionof JG. Goods returned without the prior written approval of JG may at JG’s discretion be returned to the Buyer or retained at the Buyer’s cost without prejudice to any rights and remedies available to JG.

15. SET OF FAND COUNTER CLAIM

The Buyer shall not be entitled to with hold payment of any invoice by reason of any right of set-off or counter claim which the Buyer may have or alleged to have against JG or for any reason whatsoever.

16. NOTICES

Any notice required to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may have been notified pursuant to this provision to the party giving the notice. Such notice shall be by way of registered post (deemed delivered two (2) business days from the date of despatch) or in the case of electronic communication, at the times uchel ectronic communication system used shows proof for the content and time of delivery and receipt of such electronic

17. SEVERANCE

Any provision or term of these Conditions which is or may be void or unen force able shall to extent of such invalidity, be deemed severable and shall not affect the remaining or any other provision or term hereof.

18. WAIVER

Failure by JG at any time to en force any of these Conditions shall not be construed as a waiver by JG of such Conditions or any other Conditions and JG shall be entitled to enforce any such breach at any time. Waiver of one or more of these Conditions by JG shall in no way affect the validity and/or enforceability of any other Condition herein

19. ASSIGNMENT

JG is entitled to assign, sub-contract or sub-let the Contract or any part thereof without prior written consent of the Buyer.

20. PERSONAL DATA PROTECTION

The Buyer agrees that JG or its related company may collect, obtain, store and process the personal data provided by the Buyer to JG for the purpose of receiving update, news and marketing. The Buyer further consents to JG to store and process such personal data and disclosing it to the relevant government authorities or third parties if required by law.

In addition, the Buyer consents to its personal data to be transferred to any Company within JG oral ocation outside Malaysia. For the purpose of updat ingor correcting such data the Buyer may apply to JG to have access to such personal data stored by JG. For avoidance of doubt, personal data includes all data defined within the Personal Data Protection Act 2010.

21. LAW AND JURISDICTION

The Contract shall be governed and interpreted according to the laws of Malaysia and the parties here to have agreed to submit to the jurisdiction of the Courts of Malaysia.

22. GENERAL

No person who is not a party to this Contract (including any employee, officer, agent, representative or subcontractors of either party) shall have any rights to enforce any terms of this Contract.

No rule of construction shall apply to the disadvantage of aparty because that Party prepared the Contract here in.

The terms and Conditions herein shall be binding upon the respective heirs, assignors, successors in title of the Parties here to.

The Contract shall constitute the entire Contract between the Parties and shall supersede prior agreements, promises, arrangements, negotiations, representations or implication.

Effective Date: 14 May 2026
Last Updated: 14 May 2026