4 Aug 2021
AGROMATE (M) SDN BHD FELCRA NIAGA SDN BHD
- Citation
- W-02(NCC)(W)-1162-08/2020 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-1162-08/2020 (Mahkamah Rayuan)
Appeal allowed. Court held defendant was bound to pay the 12% p.a. late payment interest because the term was repeatedly printed on invoices/delivery orders and formed part of the parties' course of dealing since 2016; failure to object and continued acceptance of goods and invoices constituted acceptance; the letter dated 26.2.2018 did not displace prior incorporated terms; the waiver defence was unpleaded and unsupported, so waiver did not apply.