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TERMS AND CONDITIONS

DEFINITIONS:

Appliance:     BIGPOS Software (Point of Sale (POS) System) and/or BIGPOS Hardware and/or any other similar product marketed by SAS, as referred to in this Agreement.

SAS:                 Synergy Alliance Solution Sdn. Bhd. [No. 201801044972(1307004-T)], and includes its successors and permitted assigns.

Customer:     The person or organization purchasing or renting the Appliance.

Agreement:   This Sales Order Form including the Schedule, which may be modified or supplemented by SAS from time to time.

Schedule:      The Order and Payment information Schedule contained in the first page of this Sales Order Form.

INTERPRETATION:

A. Words denoting a natural person include any body or person corporate or incorporated and the use of any gender includes the other genders.

B. The word “including” or “includes” shall be deemed to be followed with “but not limited to” whether or not followed by such Phrase or words of like import.

The Customer hereby irrevocably agree(s) to be bound by the terms and conditions of purchase or rental, as the case may be, of the Appliance as set out herein.

 

GENERALTERMSAPPLICABLEFORRENTALOF APPLIANCE

TheParties hereby agreethat:-

1.      Agreement
SAS reserves the right to accept or reject any orders after this Agreement is signed by the Customer. This Agreement shall become effective and binding upon the Customer on the date the Appliance is installed (“Installation Date”).
2.      Rental Deposit

The Customer shall pay the Rental Deposit as stipulated in the Schedule of Sale Order Form upon execution of this Agreement.

3.      Rental Period

The rental period shall commence on the 1st day of the month following the Installation Date (“Rental Commencement Date”) and continue for a period as stated in the Schedule (“Rental Period”) unless sooner terminated pursuant to the terms of this Agreement.

4.      Installation

A. SAS or its appointed technician shall install the Appliance at the Customer’s premises at no additional charge.

B. SAS will only install the Appliance after.

    1. All relevant payments are made by the Customer to SAS;
    2. SAS has verified the Customer’s credit standing and other information provided by the Customer; and
    3. SAS has verified the suitability of the proposed premises/location for installation of the Appliance.
5.      Monthly Rental Fee

A. The Customer shall pay the monthly rental fee as stated in the Schedule by way of direct debit/auto debit of the Customer’s credit card or bank account or any other modes of payment as approved by SAS from time to time. The Customer shall, upon signing this Agreement, complete and execute the relevant payment authorisation form as annexed herein.

B. The Customer shall inform SAS in writing as soon as possible of any changes to his bank account details which may affect payment collection or deduction.

C. Where SAS does not receive the full monthly rental fee from the Customer due to insufficient balance in the Customer’s bank account on the date payment is due, SAS shall be entitled to appropriate a sufficient amount from the Customer bank account to fulfil any outstanding amount due to SAS at a later date. There may be more than one attempt to charge the Customer’s credit/debit card and bank account to ensure that the monthly rental fee due to SAS is paid in full.

D. SAS shall be entitled to increase the monthly rental fee in order to take into account any increase in SAS’s operating costs in respect of the Appliance including any increase in the cost of labour, material or transport.

E. The Customer shall pay each monthly rental fee within seven (7) days from the date of the invoice. In the event of termination of this Agreement either by SAS or the Customer, all monies owing to SAS shall become due and payable immediately.

F. Any dispute regarding billing must be communicated by the Customer to SAS in writing within seven (7) days from the date of the relevant invoice failing which, the invoice is deemed to be accurate. Notwithstanding a dispute on the amount in the invoice, the Customer shall promptly pay any outstanding amount which is not in dispute.

G. SAS reserves the right to change the mode of billing from time to time without prior notice to the Customer.

6. Non-Payment of Rental

SAS has the right to terminate this Agreement if the Customer fails to pay the monthly rental fee for a continuous period of two (2) months or more. SAS shall be entitled to take necessary measures and/or legal proceeding to recover all outstanding rental fees owed by the Customer, including listing the Customer with a CRA, engaging collection agencies, forfeiture of the Rental Deposit and/or commencing legal proceedings.

7. Appliance Ownership

The Appliance rented to the Customer remains the property of SAS throughout the Rental Period, as the case may be. The Customer shall not, and under no circumstances attempt to, dismantle, repair, undertake maintenance work or replace any parts of the Appliance or procure a third party other than SAS to do the same. SAS shall not be liable for any losses or damages incurred by the Customer in the abovementioned events.

8. No Transfer, Sublease, Resale or Rental of the Appliance

The Customer shall not attempt to transfer, sublease, resell or rent the Appliance to any third party throughout the Rental Period, as the case may be. Loss of the Appliance or attempts to transfer, sublease or resell the Appliance amounts to a breach of this Agreement which warrants legal action.

 

9. Termination of this Agreement

A. The Customer shall not terminate this Agreement prior to the expiration of the Rental Period, failing which, the Customer shall be liable to pay the penalty stipulated in Clause 12 below. The termination shall only be effective upon the Appliance being returned to SAS in good condition. If the Appliance is not returned to SAS, this Agreement shall remain in force and the Customer shall be liable to pay the monthly rental fees in full until the expiry of the Rental Period, as the case may be.

B. SAS reserves the absolute right to terminate this Agreement at any time during the Rental Period, as the case may be, by giving seven (7) days’ notice to the Customer, and retrieve the Appliance under the following circumstances:-

(i) Poor environmental conditions, abnormal usage of the Appliance, transfer and/or sublease of the Appliance, unauthorized modification of the Appliance; or

(ii) The monthly rental fee has been overdue for a consecutive two (2) months or more; or

(iii) Breach of any other terms of this Agreement by the Customer.

C. Notwithstanding the preceding Clause 11(B), SAS reserves the absolute right to terminate this Agreement for any reason whatsoever and retrieve the Appliance, at any time throughout the Rental Period, as the case may be, by giving fourteen (14) days’ notice to the Customer.

 

10. Early Termination Fee

If the Customer terminates this Agreement prior to the expiration of the Rental Period, the Customer is deemed to be in breach and shall be liable to pay an early termination penalty as below:-

PERIODPENALTY
Rental Period is less than 12 months

the sum equivalent to the total monthly rental fees for the

remainder Rental Period up to 12 months calculated on a calendar month basis.

 

11. Appliance Loss Fee

If the Appliance cannot be located or at the absolute discretion and opinion by SAS that the Appliance is “Physically” damaged beyond repair, the Customer shall be liable to pay a penalty (“Appliance Loss Fee”) of RM1700.

12. The Customer’s Options upon the Expiration of the Rental Period

Upon determination of this Agreement, the Customer may opt for any one of the following:

A. Subject to full and prompt payment of the monthly rental fees continuously  by the Customer throughout the Rental Period, SAS may transfer the title or ownership of the Appliance to the Customer. If the Customer opts to enter into an agreement for the rental of another new Appliance (“New Appliance”), the Customer shall pay the new monthly rental fee in accordance with the new agreement.;

B. In the event Customer terminates this Agreement prior to the expiration of the Rental Period, the Customer may submit his application for the purchase of the Appliance with 20% discount on the Appliance Price wherein, SAS, at its sole and absolute discretion, may transfer the title or ownership of the Appliance to the Customer; or

C. In the event Customer terminates this Agreement prior to the expiration of the Rental Period and SUBJECT TO a lump sum payment of the rental fees for the remaining duration of the unexpired Rental Period by the Customer, SAS, at its

sole and absolute discretion, may transfer the title or ownership of the Appliance to the Customer without any monetary consideration.

13. Warranty

A. The warranty period for the Appliance commences on the Installation Date for the period as stated below throughout the Rental Period for rental of the Appliance (“Warranty Period”) and subject to the exclusions described in Clause 15(B) (“Warranty”) below:-

Warranty PeriodRemark
1st Year

Free replacement parts as deemed

necessary by SAS and free reinstallation of the Appliance (limited to once per year)

B. The following are expressly excluded from the Warranty:

(i) Damages caused by lightning, flood, fire, act of God or any other cause beyond SAS’s control;

(ii) Defects or damages that arise from the Customer’s or a third party’s negligence;

(iii) Modifications of any type to the Appliance for any reason;

(iv) Misuse; improper use; abuse; incorrect operation of the Appliance;

(v) Lack of the proper routine or preventive maintenance of the Appliance;

(vi) Unauthorized repair by a third party not appointed by SAS;

(vii) Damages due to the usage of a third party’s filter(s), part(s) or accessories;

(viii) Damages due to any relocation, removal or reinstallation of the Appliance not authorized by SAS;

(ix) Normal wear and tear.

C. The Customer shall be liable and shall indemnify SAS for any damage to the Appliance as a result of any act contemplated under paragraphs (ii)-(viii) of Clause 15(B) hereof.

D. SAS reserves the right to repair or replace the Appliance or any part thereof at its sole discretion if there are defects to the Appliance during the 1st Year of Warranty Period. Such right includes any decisions to change the filters of the Appliance. Upon any replacement of the Appliance or any part thereof (“the Old Appliance”), the Old Appliance shall remain the property of SAS.

14. Relocation of the Appliance

A. In the event the Customer intends to have the Appliance relocated, the Customer shall notify SAS of his intended new location prior to the relocation. Any relocation of the Appliance shall be subject to SAS’s prior written consent (which shall not be unreasonably withheld).

B. All costs incurred for such relocation shall be borne by the Customer. Without prejudice to the foregoing, SAS shall be entitled to impose labour charges for each request to dismantle and/or reinstall the Appliance if the Customer makes such a request more than once in a calendar year.

C. Any damage to the Appliance incurred during the relocation shall be excluded under Warranty.

15. Force Majeure

SAS shall be excused from the performance of its obligations under this Agreement, to the extent that such performance is prevented by force majeure including an act of God, acts

of terrorism, compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labour strike or lock-out, civil commotion, epidemic, pandemic, failure or default of public utilities, destruction of production facilities or materials by fire, earthquake, flood or like catastrophe.

16. Liability

No liability whatsoever shall be attached to SAS either in contract or in tort for loss, injury or damage sustained by reasons of any defect in the Appliance whether such defect be latent or apparent on examination and neither shall SAS be liable to indemnify the Customer in respect of any claims made by a third party for any such loss, injury or damage.

17. Assignment

SAS may sell or assign either absolutely or by way of security any or all of SAS’s right under this Agreement to any third party, and the Customer agrees to do all things necessary to give effect to such sale or assignment.

18. Personal information / Personal Data

A. The Customer hereby agree and consent SAS to collect, use, disclose and process the Customer’s information set out in this Agreement, and/or any other document provided by the Customer to SAS for the purpose of this Agreement.

B. The Customer authorises SAS, at any time, to disclose his personal data to any third party appointed by SAS to perform the services as contemplated under this Agreement.

C. The Customer authorises SAS, at any time and from time to time to process (including access, obtain, verify and /or use) any data or information from any source (including credit reference agencies, credit reporting agencies (“CRA”) as defined in the Credit Reporting Agencies Act 2010, Bank Negara Malaysia, any credit bureau and/or the Central Credit Reference Information System (CCRIS) and such relevant authorities) for the purposes of evaluating the Customer’s credit standing, as SAS deems fit in connection with this Agreement. Simultaneously, the Customer also consents to CTOS Data System Sdn Bhd, SAS’s appointed CRA, to disclose his credit information to SAS for purposes of determining the Customer’s credit standing.

19. Miscellaneous

A. The Customer shall inform SAS in writing of any changes to the Customer’s personal details (address, contact details, etc.) as soon as possible. SAS shall not be responsible for any loss or damages suffered by the Customer as a result of issues that arise due to the Customer’s failure to comply with the foregoing.

B. SAS reserves the right to request additional supporting documents for verification purposes and the right to take legal action against the Customer if any information/ documents provided by the Customer is false/forged.

C. SAS reserves the absolute right to make the final decision on any dispute arising from this Agreement.

D. This Agreement shall supersede any and all prior written and oral agreements. In executing this Agreement, the Customer shall not rely upon any promise, representation or statement not embodied herein. SAS’s representatives shall have no right to enter into any settlement or special agreement with the Customer other than as stated herein.

E. This Agreement shall be governed by the laws of Malaysia.

Acknowledgement:

I/We hereby acknowledge and agree to the contents of this Terms and Conditions and hereby further irrevocably confirm to be bound by this Terms and Conditions.

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