TERMS AND CONDITIONS OF DEVICE CONTRACT
Definitions
| "Bual" |
: Shall mean Bual dotAsia Sdn Bhd. |
| "Device" |
: Shall refer to any products offered by Bual, irrespective of the brand. |
| "Customer" |
: Shall mean the person or organization that purchases the Device (to include its heir, executor, administrators, successors in title and assigns). |
| "Bual Authorized Technicians" |
: Authorized representatives of Bual. |
| "Location" |
: Shall mean the Installation Address limited within Malaysia subject to approval of Bual. |
Terms and Conditions for Outright Purchase of the Device
- For Contract Term please refer to Device Form.
- Delivery and installation of the Device will only take place once Bual receive the full payment from the Customer.
- The Device carries one (1) year warranty period (“Outright Warranty Period”). The maintenance shall commence from the day the Device is installed together with replacing or repairing any part of the Device, which in the opinion of Bual is defective in operation due to faulty material or workmanship (ie. manufacturing defects) with the exceptions of the filters which is subject to Bual scheduled maintenance and any damages caused by improper use or unauthorized services by the Customer.
- Bual reserves the right to accept or reject any Customer order.
- Bual may sell or assign either absolutely or by way of security any or all Bual’s right under this Contract to any third party and Customer agrees that Customer shall do all things necessary to give effect to such sale or assignment.
- Upon completion of the purchase (installation) of the Device, the Customer shall receive one copy of this Contract.
- Strictly no Device upgrade and/or change of models will be allowed once payment has been made.
Terms and Conditions for Rental of the Device
- Types of Rental Term as mentioned below. Customer to refer to Device Form on the applicable Rental Term selected.
| Rental Term |
Terms and Conditions |
| 1 Year |
This Contract shall commence from the date Device is purchased for a period of one (1) year (“Minimum Rental Period”) and unless otherwise terminated as stated in Clause 5 of General Terms and Conditions below. |
| 2 Years |
This Contract shall commence from the date Device is purchased for a period of two (2) years (“Minimum Rental Period”) and unless otherwise terminated as stated in Clause 5 of General Terms and Conditions below. |
- Bual reserves the right to charge the Customer for any loss or damage arising out of improper use of the Device or for performing unauthorized services on the Device. Customer shall be responsible to settle the full tenure product rental fees in the event the product is remarked as lost regardless due to any reason (inclusive and not limited to natural disaster/ theft/ Fire etc).
- The Device remains the property of Bual during the Rental Period. The Customer shall not under any circumstances attempt to dismantle, repair, undertake maintenance work or replace any filters or parts of the Device. The Customer is forbidden from relocating the Device without prior written approval from Bual.
- Strictly no Device upgrade and/or change of models will be allowed once payment and/or installation had been made.
Installation and Monthly Rental Fee Payment
- Installation of the Device is subject to Bual having verified the Customer’s credibility and any other information provided by the Customer as may be necessary.
- The Customer hereby agrees that payment shall be by way of direct debit or auto debit of the Customer’s credit or debit card or bank accounts or any other mode of payment approved by Bual from time to time and as agreed upon under this Contract. The Customer shall ensure they have sufficient balance in their bank accounts to fulfil the Monthly Rental Fee payment.
- In the event of Rental default in any rental month (“Rental Default’), the rental fees of “Minimum Rental Period” will be deemed immediately due and payable by Customer.
If Bual does not receive full payment and/or the Monthly Rental Fee from the Customer due to insufficient balance in the Customer’s bank account on the payment due date, Bual shall have the option to use third party means, which shall include listing the Customer with Credit Reporting Agency, collection agencies and commencing legal proceedings and/or Bual shall be entitled to appropriate a sufficient amount from the Customer’s bank account to fulfill the amount due to Bual at a later date. There may be more than one attempt to charge payment to Customer’s credit/debit card account to ensure that the Monthly Rental Fee due to Bual is paid in full.
Actions taken for overdue:
| Month in default |
Collection Recovery Schedule |
| 1 Month |
Reminder |
| 2 Months |
Reminder and Further Actions |
| 3 Months |
Further Actions & Legal Proceedings |
| 4 Months |
Credit Reporting Agency Listing |
| 4 Months |
Agreement Termination |
- Customer hereby authorizes Bual, at any time to process (including but not limited to access, obtain, verify and/or use) any data or information from any source (including but not limited to credit reference agencies, credit reporting agencies (CRA) Bank Negara Malaysia (BNM), any credit bureau and/or Central Credit Reference Information System (CCRIS) and such relevant authorities) together with CTOS Data Systems Sdn Bhd for the purposes of disclosing any such credit information of Customer to Bual in order to allow Bual to process Customer’s credit information to determine Customer’s credit standing in relation to entering into this Contract.
- If the Customer is a company limited by shares, the Customer shall ensure that the Customer’s minimum paid-up capital shall be maintained at a sum no less than the amount equivalent to 24 months Monthly Rental Fee throughout the Minimum Rental Period.
- In the event that the Customer’s paid-up capital is less than the amount specified in paragraph above and if deemed necessary by Bual, or if otherwise deemed necessary by Bual, the Customer shall simultaneously with the execution of this Contract cause such person(s), usually a director of the Customer to execute and deliver a Letter of Guarantee and Indemnity in favor of Bual pertaining to the Rental of the Device upon such terms and conditions as may be stipulated by or acceptable to Bual and at the costs and expenses of the Customer.
- Despite any unforeseeable events that may occur which is beyond the control of Bual and Customer, Customer shall still be liable to pay the Rental on timely manner.
GENERAL TERMS AND CONDITIONS
Installation Conditions
Bual shall only install the Device upon:
- Confirmation of receipt of payment.
- Bual has determined the suitability of the proposed location for installation of the Device.
- Bual having confirmed the availability of the Customer to install the Device.
- No payments or partial payments will be refunded to Customer for any fees/payment paid after installation of the Device.
- Bual Authorized Technicians or Bual authorized service providers may impose additional charges for installation on selected Device.
Warranty
The Device provided under this contract is subject to the terms and conditions outlined in the Bual Warranty Policy. The Bual Warranty Policy is available for review on the official Bual website at https://bual.asia/cloudphone/warranty/.
By entering this contract, the parties acknowledge that they have read, understood, and agreed to the terms set forth in the Bual Warranty Policy.
It is the responsibility of the user to review the warranty policy before using the product or service. Bual shall not be held liable for any claims, damages, or disputes arising from a lack of awareness or understanding of the warranty terms.
Non-Return Policy
Under the following conditions Device are non-returnable: -
- The Device was purchased for someone else who simply does not want it.
- The Device has no defects. Customer changed his/her mind because of wrong selection, color, size, model or specification, Device not meeting expectation, and/or Customer simply don’t want it anymore.
- The Device shall be non-returnable once installation is completed in the interest of hygiene purpose.
Refund
Payments of fees referred to in this contract shall not be refundable. We reserve every right to determine in what circumstance such a refund may be made to you at our absolute discretion.
Termination
- Termination of Breach
- Either party may terminate this Contract in the event of a material breach by the other party by providing written notice of termination. The terminating party shall provide a thirty (30) day cure period for the breaching party.
- Bual reserves the right to terminate this Contract at any time during the under the following circumstances: -
- The monthly payment has been overdue for four (4) months or more.
- Breach of any terms of this Contract.
- Early Termination
In the event the Customer decides to terminate this Contract during the Minimum Rental Period, the Customer shall pay a termination fee amount equivalent to 100% of the total sum of Monthly Rental Fee for the remainder of the Minimum Rental Period calculated on a calendar month basis.
Amendments
Subject to agreement by the parties, the validity and the terms and conditions of this Contract may be varied, added, amended and/or altered from time to time after execution of this Contract by issue of variation orders duly signed by the parties hereto.
Binding Effect
This Contract shall be binding and endure to the benefits of the permitted assigns and the successors-in-title of the Customer and the assigns and successors-in- title of Bual. It is further provided that this Contract shall not be discharged or in any way affected by any change in the composition or identity of the Parties hereto by amalgamation, reconstruction or otherwise.
Personal Data / Personal Information
Bual shall comply with all laws and regulations related to the Personal Data Protection Act 2010 (“PDPA”). Upon signing of this Contract, the Customer acknowledges that the Customer has read and understood Bual Privacy Policy provided under the Privacy Notice and agrees to the processing of the Customer’s personal data as set out in the Privacy Notice which can be viewed at https://bual.asia/cloudphone/privacy-policy/.
Miscellaneous
- This Contract shall be governed by the Laws of Malaysia.
- Time wherever mentioned shall be deemed to be the essence of this Contract.
- The Device provided to the Customer under the rental scheme shall remain the property of Bual. Upon the expiry of the Rental Period, Customer shall continue to use the Device without rental payment to Bual.
- All other related terms and conditions as outlined at bual.asia shall apply.
- No liability shall attach to Bual either in contract or in tort of loss, injury or damage sustained by reason of any defect in the goods whether such defect be intent or apparent on examination and Bual shall not be liable to indemnify the Customer in respect of any claims made against the Customer by a third party for any such loss, injury or damage.
- Terms and prices mentioned herein may not be applicable and/or vary for Devices under promotional that are conducted from time to time. Such terms will be provided during the said promotional period.
- Bual reserves the right to change any terms herein from time to time without prior notice.