26 Oct 2023
SJS LOGISTICS (M) SDN. BHD MAYANG BAYUMAS SDN. BHD
- Citation
- AA-B52NCvC-13-03/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-B52NCvC-13-03/2019 (Mahkamah Sesyen)
The Quotation dated 5/11/2015 constituted the binding contract as defendants relied on account statements issued pursuant to it; the plaintiff's emailed statement and account showed acceptance of defendant's request to exclude two Volvo units (a variation by conduct) so plaintiff's recoverable balance was reduced to RM79,200; the defendant failed to prove its repair claims which were barred by the express "as is where is" term and were advanced as an afterthought without prior demand, therefore the counterclaim is dismissed.