Terms & Conditions

1.0 Acceptance of Quotation

1.1 The Customer may accept this quotation by:

  1. Providing written confirmation (including confirmation by email);
  2. Issuing a Purchase Order (PO) referencing this quotation;
  3. Giving instruction to proceed with the services;
  4. Delivering goods to ATC for processing;
  5. Providing Delivery Note / Delivery Order (DO);
  6. Any document indicating the part details (e.g., part number and quantity) issued on the Customer' s letterhead; or
  7. Parties’ conduct, including where the parties proceed to perform, execute, or carry out the contract for the purchase and supply of the Goods or any terms and conditions stated in the contemporaneous documents.

1.2 Upon any of the above actions, this quotation and all the terms and conditions here in shall be deemed accepted and shall constitute a binding contract between ATC and the Customer.

1.3 Upon acceptance, ATC’s Terms & Conditions of Sale shall apply to the exclusion of any other terms proposed by the Customer.

2.0 Scope of Service and Pricing

2.1 Prices quoted apply only to the process and specifications indicated in the quotation.

2.2 Pricing is based on information provided at quotation stage and may be subject to review upon:

  1. First Article inspection;
  2. Change in specifications;
  3. Additional processes required;
  4. Special inspections, lot testing or additional requirements not previously disclosed;
  5. Changes in material costs based on prevailing market prices; or
  6. Changes in country legal or regulatory requirements (e.g., minimum wage adjustments, RoHS, REACH, etc); or
  7. In the event of any changes not reasonably foreseeable at the time of preparing this Quotation.

2.3 Unless otherwise declared, all enquiries shall be treated as non-EC-LR and non-aerospace applications.

2.4 For aerospace projects, the Customer must declare the Prime Customer.

3.0 Customer Responsibilities

3.1 Customer shall supply accurate drawings and specifications.

3.2 Goods deposited with ATC must not require special storage unless previously agreed in writing.

3.3 Customer warrants that materials supplied are suitable for processing.

3.4 The Customer shall promptly notify ATC of any changes to the drawings, specifications, or requirements, and any such changes may be subject to additional charges and/or revision of delivery timelines.

3.5 Where Goods or materials are supplied by the Customer, the Customer shall ensure that the same comply with all applicable laws, regulations, and safety standards.

3.6 The Customer shall indemnify and keep ATC indemnified against any loss, damage, cost, or expense arising from any breach of the Customer’s obligations under this Clause.

4.0 Inspection and Claim

4.1 The Customer shall inspect the Goods within three (3) working days upon receipt and, in any event, prior to any secondary processing or use of the Goods. For any part(s) not capable of immediate inspection upon receipt (including clean and packed parts), inspection shall be carried out as soon as reasonably practicable.

4.2 Any claim for non-conformance, damage, or shortage must be made in writing within seven (7) working days from the date of delivery, failing which the claim shall be deemed waived. Any late claims, if accepted, shall be subject to ATC’s sole discretion.

4.3 Claims must be supported with:

  1. Physical goods;
  2. Delivery documents; and
  3. Relevant supporting evidence.

4.4 Failure to notify within this period constitutes full and unconditional acceptance of the goods.

4.5 Goods sold are non-returnable unless otherwise agreed by ATC in writing.

4.6 The customer shall be responsible for conducting the necessary inspection prior to shipping the parts to the end customer or any other destination. Any claims related to non-conformance, damage, or shortage raised after this stage shall not be the responsibility of ATC.

5.0 Remedies and Liability

5.1 Customer’s sole remedy for proven non-conformance shall be, at ATC’s option:

  1. Reprocessing of the affected goods; or
  2. Re-delivery of corrected goods within ten (10) calendar days or pre-agree timeframe between ATC and customer.

5.2 Claims are strictly limited to plating or finishing defects attributable to ATC.

5.3 ATC’s maximum liability shall not exceed the total service fees charged for the affected services.

5.4 The Customer acknowledges that certain processes may carry inherent risks of variation or damage, and accepts such risks as part of the services provided.

5.5 ATC shall not be liable for:

  1. any loss of profit, loss of revenue, or loss of business suffered by the Customer;
  2. any indirect, incidental, special, or consequential loss or damage suffered by the Customer;
  3. Customer indirect or consequential losses;
  4. any loss or damage arising from materials, specifications, or instructions supplied by the Customer; or
  5. Material loss from non-reworkable process (including but not limited to blueing)

6.0 Risk and Retention of Title

6.1 ATC shall exercise reasonable care in the handling and processing of the Customer’s goods while in its possession. In the event of any loss or damage not attributable to ATC’s negligence, including circumstances beyond ATC’s reasonable control, ATC’s liability shall be subject to the limitation set out in Clause 5.3.

6.2 Risk passes to the Customer upon delivery.

6.3 Notwithstanding delivery, title to the goods shall remain with ATC until full payment is received.

6.4 ATC reserves the right to withhold delivery or return of goods in the event of outstanding payment.

6.5 Without prejudice to the foregoing, ATC shall have a general lien over all Goods in its possession for any sums due and payable by the Customer, and shall be entitled to retain such Goods until full payment is received.

6.6 If any payment remains outstanding beyond a reasonable period, ATC shall be entitled, upon giving written notice to the Customer, to sell or otherwise dispose of the Goods and apply the proceeds towards the outstanding sums, with any balance (if any) to be returned to the Customer.

7.0 Rework, Yield Loss and Shortage

7.1 In the event of processing defects attributable to ATC, any affected parts that are capable of rework shall, at ATC’s sole discretion, be reprocessed and returned to the Customer within ten (10) calendar days or such other timeframe as may be mutually between ATC and customer.

7.2 Where parts are rendered non-reworkable and must be scrapped due to processing defects attributable to ATC, a scrap tolerance of up to three percent (3%) of the total batch quantity shall be deemed acceptable and shall not constitute a compensable loss.

7.3 The above yield loss in Clause 7.2 applies strictly to non-reworkable scrap parts and does not apply to parts that are physically missing or unaccounted for.

7.4 Any claim for physical shortage must be submitted in writing within seven (7) working days from delivery and must be supported by:

  1. original delivery documents evidencing the quantity delivered to ATC; and
  2. photographic evidence of the outgoing shipment quantity to ATC prior to delivery.

7.5 All shortage claims shall be subject to verification against ATC’s incoming inspection and production records, which shall be final and conclusive in the absence of manifest error.

7.6 The Customer shall not be entitled to claim both rework and compensation for the same affected parts.

8.0 Payment Terms

8.1 Payment terms shall be as stated in ATC’s quotation.

8.2 ATC may suspend services or withhold goods if payment is overdue.

8.3 All payments shall be made on or before the due date specified in the relevant invoice.

8.4 In the event of late payment, ATC reserves the right to charge interest on the outstanding sum at the rate of 1.5% per month calculated on a daily basis from the due date until full payment is received.

8.5 The Customer shall be liable for all costs and expenses incurred by ATC in recovering any outstanding sums, including but not limited to legal fees on a solicitor-and-client basis.

9.0 Force Majeure

ATC shall not be liable for delays or failure caused by events beyond reasonable control including but not limited to natural disasters, labour disputes, government restrictions, or supply chain disruptions.

10.0 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia or Singapore, as applicable, depending on whether the contracting entity is ATC Malaysia or ATC Singapore. The parties agree to submit to the non-exclusive jurisdiction of the courts of Malaysia or Singapore, as the case may be.For the avoidance of doubt, where this quotation is issued by ATC Malaysia, the laws of Malaysia and the courts of Malaysia shall apply; and where this quotation is issued by ATC Singapore, the laws of Singapore and the courts of Singapore shall apply.

11.0 Severability

If any provision is held invalid, the remaining provisions shall remain enforceable.

12.0 Entire Agreement

These Terms & Conditions constitute the entire agreement and supersede all previous versions appearing on the website, quotation or delivery documents.

13.0 Confidentiality

All documents, information, and materials disclosed by either party in connection with this Quotation and/or the provision of the Goods and services shall be kept strictly private and confidential and shall not be disclosed to any third party without the prior written consent of the disclosing party

14.0 No Assignment

The Customer shall not assign, transfer, novate, or otherwise dispose of any of its rights or obligations under this Quotation without the prior written consent of ATC.