1. Sale of Goods. Goods Provider agrees to sell based on the Shariah contract of Bai’ Salam and deliver to Customer, the Goods the Customer agrees to purchase according to the registration form in the following quantities and at the prices the customer has agreed to purchase (the “ Goods”) where the specifications of the goat are as follows:

– Types of goat : Ma’iz and/or Harri and/or Baladi

– Weight range : 22 – 35 kilograms

– 2 years and above

– Healthy with no disabilities

– To be delivered within or before 1-9 Dzul Hijjah of the respective year.

2. Agency. The Service Provider shall be the appointed agent of the customer based on the contract of Wakalah without fees for the following responsibilites:

– Taking delivery of the livestock

– Ensure that the goat are kept alive until the time of Qurban;

– Monitor the slaughtering process and ensure that the goats are slaughtered in accordance with Shariah guidelines on the prescribed days of Qurban; and

– Monitor and ensure that the meat of the goats is distributed to eligible parties based on Shariah guidelines.

3. Purchase Price. Customer will pay the Service Provider for the Goods and for all obligations specified in this Agreement, if any, as the full and complete purchase price, the total agreed upon sum in Ringgit Malaysia as mentioned in the registration form.  

4. Payment.  Customer shall remit the total payment amount as prescribed in the registration form through online payment and including but not limited to other methods such as Billplizor cash deposit within 24 hours of registration for the Goods and customers will be notified of successful payments.

5. Delivery. The Service Provider’s customer support team shall be in contact with the Customer to confirm the details of the Goods. The Service Provider shall ensure the goat is delivered within or before 1-9 Dzul Hijjah of the respective year for the purpose of Qurban. The Service Provider shall also deliver to the Customer a video as proof of the Aqiqah service (“Aqiqah Video”). This video delivery shall only apply to Aqiqah packages and shall be at the discretion of the Service Provider. The Customer shall also receive a complimentary Goods in the form of a wooden certificate (or a special prize together with their initial purchase). The complimentary goods shall be delivered by post to the customer at the customer’s registered address. The Complimentary goods shall be at the discretion of the Service Provider. The Service Provider shall not be responsible for any claims or damages resulting from any delays in the postage of the complimentary goods, the performance, or for non-performance due to unforeseen circumstances or causes beyond the Service Provider’s reasonable control. It shall constitute an acceptance of delivery of the goods once Customer has received the goods at the specified location. For Qurban packages, additional RM30 will be charged for wooden certificate.

6. Risk of Loss. Title to and risk of loss of the Goods shall pass to Customer upon receipt of the Goods in accordance with this Agreement/upon delivery of the Goods to Customer in accordance with this Agreement.  

7. Warranties. Customer acknowledges that it has not relied on, and Service Provider has not made, any representations or warranties with respect to the quality or condition of the Goods, and it is purchasing the Goods on an “as is” basis. Service Provider expressly disclaims all warranties, whether express or implied, including any implied warranty of merchantability or fitness.

8. Service Provider Representations and Warranties. Service Provider warrants that the Services are free, and at the time of delivery will be free, from any security interest or other lien or encumbrance. Service Provider warrants that there are no outstanding titles or claims of title hostile to the rights of Service Provider in the Services.

9. Termination. This Agreement may be terminated upon the occurrence of any one of the following events:

(a) Upon failure of either party to perform its obligations hereunder, the other party may terminate this Agreement immediately upon written notice to the other party. Failure of either party to terminate this Agreement for any default shall not prejudice its rights to terminate for other or subsequent defaults. Termination shall not constitute a waiver by either party to the other of any claim existing at the time of such termination.

(b)(i) In the event the Service Provider is unable to perform its obligations hereunder after (60) days of this agreement, the customer may provide written notice of termination by either party to the Service Provider. The Customer may make a formal inquiry on any inactivity of the Service Provider or refund to the Service Provider after (30) days that the Service Provider has not performed its obligations.

(b)(ii)

(c) In the event of termination, the Company shall refund the total of the purchase amount to the Customer. Thereafter, the Company shall have no further obligation whatsoever to pay commissions or other compensation to the Agent for services performed hereunder.

10. Force Majeure. Neither Party will be liable, nor be considered to be in breach of this Agreement, on account of such Party’s delay or failure to perform as required under the terms of this Agreement as a result of any Event of Force Majeure including but not limited to acts of God, strikes, plague, pandemic, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, and lockdowns. If any such Event of Force Majeure Event occurs, the affected Party will give the other Parties notices and will use commercially reasonable efforts to minimize the impact of any such event.

11. Limitation of Liability. Service Provider will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Service Provider has been advised of the possibility of any such damage. In no event will Service Provider’s liability exceed the price paid by Customer to Service Provider for the Goods giving rise to the claim or cause of action.

12. Assignment. Customer may not assign any of its rights under this Agreement or delegate any performance under this Agreement, except with the prior written consent of Service Provider. Any purported assignment of rights or delegation of performance in violation of this section is void.

13. Amendments. No amendment to this Agreement will be effective unless it is in writing and signed by both Parties.

14. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of Malaysia.

15. Disputes. Any dispute arising from this Agreement shall be resolved in the Malaysian courts through binding arbitration conducted through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration.

16. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.

17. Notices.  Any notice or other communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated in the registration form and or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery.

18. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.

19. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns.  The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.

20. Other Versions of This Agreement. This Agreement is written in English and may be accompanied by its translation in other languages. The translation in other languages is for reference purposes only and only the English version is intended to have legal effect.