EV
Eaveston
Contact
Legal · Bay L-02

Terms & Conditions

These terms govern the advisory and consulting services offered by Eaveston to clients in Malaysia. Please read them carefully before engaging our services or submitting an enquiry.

Effective Date: 1 April 2025 Last Updated: 30 April 2025

01 Definitions

Throughout these Terms and Conditions, the following definitions apply:

  • "Eaveston" / "We" / "Us" / "Our" refers to the logistics advisory practice operating under the name Eaveston, located at Lot 7, Jalan Sungai Pinang 5/6, Pelabuhan Klang, 42000 Port Klang, Selangor, Malaysia.
  • "Client" / "You" / "Your" refers to any company, organisation, or individual engaging Eaveston for advisory or consulting services.
  • "Services" refers to the logistics advisory and consulting engagements offered by Eaveston, including but not limited to site observation, cadence workshops, and advisory retainer arrangements.
  • "Engagement" refers to a confirmed and active service arrangement between Eaveston and the Client.
  • "Deliverable" refers to any written document, report, workshop summary, or reference material produced by Eaveston during an engagement.
  • "Agreement" refers to these Terms and Conditions together with any engagement letter or service proposal accepted by the Client.

02 Acceptance of Terms

By submitting an enquiry, signing an engagement letter, or making payment toward any Eaveston service, you confirm that:

  • You have read and understood these Terms and Conditions in full.
  • You are of legal age (18 years or older) or acting on behalf of a registered legal entity with authority to enter a binding agreement.
  • You have the capacity and authority to enter this Agreement under Malaysian law.
  • You agree to be bound by these terms for the duration of the engagement and any post-engagement obligations described herein.

If you do not agree with any part of these terms, you should not proceed with an engagement.

03 Service Description

Eaveston provides operational advisory and consulting services to Malaysian companies in the logistics, warehousing, and distribution sectors. Our current service offerings are:

BAY 01
Single-Site Logistics Observation Note — RM 540

A short site-based engagement covering yard flow, inbound and outbound rhythm, and operational documentation for a single warehouse or distribution centre.

BAY 02
Outbound Cadence Workshop — RM 2,200

A three-week engagement to structure outbound logistics cadence for Malaysian SMEs. Includes two workshops and a written cadence reference.

BAY 03
Logistics Advisory Retainer — RM 4,300 / month

A six-month advisory retainer with monthly written reviews, fortnightly calls, and one in-person workshop per quarter. Suited to established firms with an internal operations director.

All services are operational consulting only. Trade documentation, customs filings, carrier-rate negotiations, and regulatory submissions remain the sole responsibility of the Client and their licensed partners. Eaveston does not provide licensed freight forwarding or customs brokerage services.

Services are available to companies operating in Malaysia. Geographic availability outside Malaysia is not offered at this time.

04 Client Responsibilities

The Client agrees to the following during any active engagement:

  • Provide accurate, complete, and timely information necessary for Eaveston to carry out the agreed scope of work.
  • Arrange appropriate site access, personnel availability, and scheduling coordination for any in-person visits or workshops.
  • Designate a suitable contact person or operations lead to liaise with Eaveston throughout the engagement.
  • Not engage Eaveston for purposes that are unlawful, misleading, or contrary to applicable Malaysian regulations.
  • Not reproduce, redistribute, or commercially exploit Eaveston deliverables beyond the scope permitted under Section 5.
  • Settle all invoices by the due dates specified in the relevant engagement letter or payment schedule.

05 Intellectual Property

All methodologies, frameworks, templates, and working documents developed or used by Eaveston remain the intellectual property of Eaveston unless otherwise agreed in writing.

Upon full payment of engagement fees, the Client is granted a limited, non-exclusive, non-transferable licence to use the deliverables produced specifically for that engagement within their own internal operations.

This licence does not permit the Client to:

  • Resell, sublicence, or distribute deliverables to third parties.
  • Present Eaveston deliverables as the Client's own proprietary work.
  • Use deliverables as the basis for a competing advisory offering.

Any content, documents, or data supplied by the Client to Eaveston during an engagement remains the property of the Client. Eaveston will not use such materials beyond what is necessary to carry out the agreed scope of work.

06 Payment Terms

All fees are quoted and invoiced in Malaysian Ringgit (RM). The following payment terms apply:

  • Single-Site Logistics Observation Note (RM 540): Full payment is required prior to the scheduled site visit.
  • Outbound Cadence Workshop (RM 2,200): A deposit of 50% is due upon confirmation. The remaining balance is due upon delivery of the written cadence reference at the close of the three-week engagement.
  • Logistics Advisory Retainer (RM 4,300/month): Monthly invoices are issued at the start of each calendar month and are payable within 14 days. Engagement runs for a minimum six-month term.

Accepted payment methods will be specified on each invoice. Late payments may result in a temporary pause of engagement activities until outstanding amounts are settled. Eaveston will provide reasonable notice before any such pause.

Refund policy: Once a site visit has been conducted, a workshop has commenced, or a retainer month has begun, fees for that period are not refundable. Where an engagement has not yet started and the Client provides written cancellation, Eaveston will consider refund requests on a case-by-case basis.

07 Service-Specific Terms

7.1 Scope and Delivery

The scope of each engagement is confirmed in writing prior to commencement. Any material changes to scope requested by the Client after confirmation will require a written amendment and may affect the fee and timeline. Eaveston will communicate any scope adjustments clearly before proceeding.

7.2 Scheduling

Scheduled visits, workshops, and calls should be confirmed at least five working days in advance. Rescheduling requests made with less than two working days' notice may require a new booking date. Eaveston will make reasonable efforts to accommodate Client scheduling constraints.

7.3 Confidentiality

Eaveston treats all operational information, documentation, and data shared by the Client as confidential. Such information will not be disclosed to third parties without the Client's written consent, except where required by law or court order. This obligation continues for two years following the end of an engagement.

7.4 Operational Scope Only

Eaveston engages exclusively at the operational and advisory level. Our observations and recommendations relate to internal logistics practices. We do not provide legal, customs, tax, or financial advice. Clients should engage appropriately licensed professionals for those matters.

08 Disclaimers

Eaveston's services are provided as professional advisory engagements based on observation, experience, and industry practice. The following disclaimers apply:

  • Eaveston does not warrant that any recommendation, if implemented, will produce a specific operational or commercial outcome. Results depend on factors within the Client's own organisation and operations.
  • Observations and written notes are produced in good faith based on information available at the time of engagement. Eaveston is not responsible for conditions that change after delivery of a deliverable.
  • Eaveston is not a licensed customs agent, freight forwarder, or legal practitioner. Nothing in our deliverables constitutes customs, legal, or regulatory advice.
  • The website and its contents are provided for informational purposes only and do not constitute an offer or binding commitment until a written engagement is confirmed.

09 Limitation of Liability

To the fullest extent permitted under Malaysian law:

  • Eaveston's total liability to the Client for any claim arising from or in connection with an engagement shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim.
  • Eaveston shall not be liable for indirect, consequential, special, or incidental losses, including but not limited to loss of revenue, loss of data, or disruption to operations.
  • Eaveston shall not be liable for delays or failures in performance caused by circumstances outside our reasonable control, including acts of nature, regulatory changes, labour disruptions, or force majeure events.

Nothing in these terms limits liability for fraud, death, or personal injury caused by negligence, to the extent such limitation is prohibited by law.

10 Indemnification

The Client agrees to indemnify and hold harmless Eaveston, its advisors, and associates from any claims, losses, costs, or expenses (including reasonable legal fees) arising from:

  • The Client's breach of these Terms and Conditions.
  • The Client's misuse of Eaveston deliverables beyond the permitted licence.
  • Inaccurate or misleading information provided to Eaveston during an engagement.
  • Any claim by a third party arising from the Client's implementation of advisory recommendations.

11 Termination

Either party may terminate an engagement by providing written notice to the other party under the following conditions:

  • By the Client: Written notice of at least 14 days is required for retainer engagements. For project-based engagements, termination prior to completion will not relieve the Client of fees for work already conducted or scheduled within the notice period.
  • By Eaveston: Eaveston may suspend or terminate an engagement if the Client fails to pay outstanding invoices, provides materially false information, or acts in a manner that is disruptive or contrary to these terms. Where possible, Eaveston will provide reasonable notice and seek resolution before terminating.

On termination, all outstanding fees become immediately payable. Obligations relating to confidentiality, intellectual property, and indemnification survive termination.

12 Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. The parties agree to the exclusive jurisdiction of the courts of Selangor, Malaysia for the resolution of any disputes arising from these terms or any engagement.

Before initiating formal proceedings, both parties agree to make a reasonable effort to resolve disputes informally. This process includes:

  • Written notice of the dispute sent to the other party's designated contact.
  • A 21-day period during which both parties make good-faith efforts to reach a mutually agreeable resolution.
  • Where informal resolution is unsuccessful, either party may refer the matter to mediation before the Asian International Arbitration Centre (AIAC) or pursue resolution through the courts of Selangor.

13 General Provisions

Entire Agreement: These Terms, together with any confirmed engagement letter or service proposal, constitute the entire agreement between the parties with respect to the relevant engagement and supersede prior discussions or arrangements.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force.

Waiver: Eaveston's failure to enforce any provision of these Terms on a given occasion does not constitute a waiver of that provision or of the right to enforce it in the future.

Assignment: The Client may not assign or transfer any rights or obligations under these Terms without Eaveston's prior written consent. Eaveston may assign its obligations to a qualified associate or successor with reasonable notice to the Client.

Notices: Formal notices under these Terms should be sent in writing via email to the designated contact addresses confirmed at the start of the engagement, or by post to the registered addresses of the respective parties.

14 Changes to These Terms

Eaveston may revise these Terms and Conditions from time to time. When material changes are made:

  • The updated Terms will be published on this page with a revised "Last Updated" date.
  • For active retainer clients, Eaveston will provide notice of material changes via email at least 14 days before the changes take effect.
  • Continued engagement after the effective date of revised Terms constitutes acceptance of the updated provisions.

We encourage Clients and prospective clients to review these Terms periodically. The current version is always available at this page.