Legal

Terms & Conditions

Last Updated: 18 May 2025  |  Effective Date: 18 May 2025

1. Definitions

In these Terms and Conditions, the following definitions apply:

2. Acceptance of Terms

By engaging Merantau's services or confirming an advisory engagement in writing, the Client agrees to be bound by these Terms and Conditions. These terms form the basis of the commercial relationship between Merantau and the Client. If you do not agree to these terms, do not proceed with an engagement.

Engagement of services is limited to organisations and individuals who are at least 18 years of age and have the legal capacity to enter into binding agreements under Malaysian law.

3. Service Description

Merantau provides manufacturing operations advisory services to manufacturing facilities in Malaysia. Services are limited to the three Programmes described on this website. Each Programme has a defined scope, deliverable, and fixed fee. The scope of each engagement is agreed in writing before work commences.

Merantau does not provide licensed professional services requiring registration under Malaysian law, including legal, medical, financial, or engineering certification services. Our services are advisory in nature — we offer observations, analysis, and practical recommendations based on experience in manufacturing environments.

4. Scope of Engagement

The scope of each Programme is defined at the outset of an engagement and agreed in writing by both parties. Merantau will not expand the scope of an engagement without written agreement from the Client and an associated revision to the fee. If observations during an engagement surface issues beyond the agreed scope, Merantau will notify the Client separately. Addressing those issues would require a separate engagement.

5. Client Responsibilities

To enable Merantau to carry out advisory work effectively, the Client agrees to:

The Client is responsible for decisions about whether and how to implement any recommendations provided by Merantau. Merantau does not take responsibility for the outcome of implementation decisions made independently by the Client.

6. Intellectual Property

Deliverables produced by Merantau as part of an engagement are provided to the Client for their internal operational use. Upon full payment of the engagement fee, the Client holds a non-exclusive licence to use and adapt the Deliverable within their own organisation. The Client may not reproduce, resell, or share Deliverables commercially without written consent from Merantau.

Merantau retains ownership of any methodologies, templates, or analytical frameworks used in producing Deliverables. These are proprietary to Merantau and are not transferred to the Client as part of the engagement.

7. Payment Terms

The fee for each Programme is as stated on this website or as confirmed in writing at the time of engagement. Payment is due in full prior to commencement of on-site work unless otherwise agreed in writing. Fees are stated in Malaysian Ringgit (MYR). Payment can be made by bank transfer to the account details provided on the invoice. Late payments may attract a late payment charge of 1.5% per month on the outstanding balance.

8. Cancellation and Rescheduling

If the Client wishes to cancel or reschedule an engagement after written confirmation:

Merantau reserves the right to reschedule engagements due to unforeseen circumstances, including advisor illness or force majeure events. We will provide as much notice as possible and work with the Client to find a suitable alternative date.

9. Confidentiality

Merantau treats all information received from Clients during an engagement as confidential. This includes production layouts, process data, staffing information, and any other operational details shared during site visits or interviews. Merantau will not disclose Client information to third parties except where required by law. This obligation of confidentiality survives the termination of an engagement.

10. Disclaimers

Our advisory services are provided on an "as observed" basis. Recommendations are based on direct observation and experience in manufacturing environments. We do not make specific performance warranties regarding outcomes that may result from implementing our recommendations. Results depend on factors outside our control, including implementation decisions, workforce capacity, and equipment condition.

Merantau does not provide legal, regulatory, safety certification, or compliance advice. Clients are responsible for ensuring their operations comply with all applicable Malaysian laws and regulations, including those relating to occupational safety and industrial manufacturing.

11. Limitation of Liability

To the extent permitted by Malaysian law, Merantau's total liability to the Client for any claim arising from an engagement shall not exceed the total fee paid for that engagement. Merantau shall not be liable for indirect, consequential, or incidental losses, including loss of production, loss of revenue, or third-party claims arising from the Client's use or implementation of advisory recommendations.

12. Indemnification

The Client agrees to indemnify Merantau against any claims, losses, or costs arising from the Client's misuse of Deliverables, misrepresentation of Merantau's role, or failure to comply with applicable laws in connection with implementation of recommendations.

13. Termination

Either party may terminate an engagement by written notice if the other party materially breaches these terms and fails to remedy that breach within 10 business days of written notification. On termination, the Client remains responsible for fees relating to work already completed. Merantau will deliver any work product completed at the point of termination.

14. Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any disputes arising from these terms or from an advisory engagement shall first be addressed through good-faith discussion between the parties. If a resolution cannot be reached within 30 days, the matter may be referred to mediation under the Kuala Lumpur Regional Centre for Arbitration (KLRCA) rules, or to the courts of Malaysia.

15. General Provisions

16. Changes to These Terms

Merantau may update these Terms and Conditions from time to time. Updated terms will be published on this page with a revised effective date. Engagements confirmed before the effective date of updated terms will be governed by the terms in place at the time of confirmation.

17. Contact

For questions about these Terms and Conditions: