red2OWN
DEFINITIONS
- Agreement: Agreement means this Customer Agreement Form together with its Schedules and any terms expressly incorporated herein, as may be amended from time to time in accordance with this Agreement and applicable law
- Appliance: Consumer electronic appliances as referred to in the Schedule A, Section 1 (C) as per the Agreement.
- redON: RED ON DIGITAL SDN BHD “redON” (wholly owned by redONE Holdings Berhad “redONE”) and includes its successors and permitted assigns.
- Customer: The person or organization purchasing or renting the Appliance.
- Schedule A: The Schedule contained in the first page of the CUSTOMER AGREEMENT FORM – SCHEDULE A.
- Schedule B: The Schedule contained in the second page of the CUSTOMER AGREEMENT FORM – SCHEDULE B.
- Schedule C: The Schedule contained in the third page of the CUSTOMER AGREEMENT FORM – SCHEDULE C.
INTERPRETATION
- A. Words denoting a natural person include anybody 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 agrees to be bound by the terms and conditions of rental of the Appliance, as set out herein.
GENERAL PROVISION (SECTION 1)
- Order Acceptance
redON 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”).
- Assignment of Rights
redON may sell or assign either absolutely or by way of security any or all of redON’s rights under this Agreement to any third party and the Customer agrees to do all things necessary to give effect to such sale or assignment.
- Personal Information / Personal Data
- redON’s privacy policy made available at https://www.redcash.com.my/rto/home (“Privacy Policy”) forms an integral part of this Agreement.
- The Customer acknowledges that he has read and understood the Privacy Policy and agrees to the processing of his personal data as set out therein. redON may use reasonable efforts to bring any significant changes to the Privacy Notice to the Customer’s attention.
- The Customer authorises redON, at any time, to disclose his personal data to any third party appointed by redON to perform the services or any part thereof as contemplated under this Agreement.
- The Customer also authorises redON, at any time and from time to time, to process (including to 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, credit bureaus and/or the Central Credit Reference Information System (CCRIS) and such other relevant authorities) for the purposes of evaluating the Customer’s credit standing, as redON deems fit, in connection with this Agreement.
- Delivery and Installation
- redON or its appointed technician shall install the Appliance at the Customer’s premises at no additional charge (standard installation). However, any non-standard installation fees shall be borne separately by the Customer and is to pay directly to the appointed technician which will be disclosed before the Appliance installations.
- redON will only install the Appliance after:
- All relevant initial payments (if applicable) are made by the Customer to redON;
- redON has verified the Customer’s credit standing and other information provided by the Customer and
- redON or appointed technician has verified the suitability of the proposed premises/location for installation of the Appliance.
- An inconvenience fee of RM100.00 shall be imposed if the Customer cancels a scheduled appointment, is absent upon the arrival of the appointed technician or if installation cannot proceed due to the Customer’s failure to fulfil any site preparation or installation obligations at the premises.
- Refunds
- All payments made by the Customer towards this Agreement including the rental processing fee and stamp duty(as defined in Section 2 Clause 1 below), if any, is refundable provided that the order is cancelled by the Customer in writing, prior to the installation of the Appliance.
- Notwithstanding Clause 5A above, the Rental Processing Fee is strictly non-refundable once the internal processing or credit assessment has commenced.
- Upon receiving a valid written cancellation request, redON will process the refund for the applicable refundable amounts based on the following timeline parameters: For payments made via Debit Card or Online Transfer where the refund mode is returned directly to the Debit Card, the refund timeline is 30 Business Days.
- Warranty
- The warranty period for the Appliance commences on the Installation Date, throughout the Rental Period (as defined in Section 2 Clause 2 below) for rental of the Appliance (each, a “Warranty Period”).
- Warranty for the Appliance includes free replacement parts as deemed necessary by Samsung; Maintenance Services (as defined in Clause 7 below); subject to Clause 10 below, reinstallation of the Appliance (limited to once per year) within the Warranty Period; and covers defects to the Appliance due to faulty workmanship or materials during ordinary consumer use (collectively, “Warranty”), subject to the exclusions described in Clause 6C below and as stipulated in Samsung’s warranty policy made available at https://www.samsung.com/my/support/warranty/ (“Samsung Warranty Policy”). For the avoidance of doubt, the Samsung Warranty Policy forms an integral part of this Agreement; and in the event of any discrepancies between the terms and conditions herein contained and the Samsung Warranty Policy, the latter shall take precedence.
- The Warranty does not cover/excludes Appliance issues caused by or as a result of any other reasons; or under any other circumstances, including but not limited to:
- damages caused by acts of God, flood, fire, lightning or other natural disasters, wars, abnormal voltage output/unexpected surge in electrical power or other events/causes beyond redON’s control;
- damage or malfunction due to the existence of mineral components, petrochemicals or other contaminants in the water source;
- damage or malfunction that arise from the Customer’s or a third party’s negligence;
- modifications of any type to the Appliance/its parts for any reason;
- misuse, abuse, improper or incorrect use or operation of the Appliance, including its parts, or other activities inconsistent with the Appliance’s user manual or contradictory to the technical specifications relating to the Appliance;
- failure to make proper routine or preventive maintenance of the Appliance (e.g. replacement of consumable parts including water or air filters (where applicable), or cleaning of the Appliance);
- authorised repairs, modifications, disassembly, variations or adjustments to the Appliance or installation, relocation or removal of the Appliance by the Customer or a third party not authorised by redON;
- damages due to the usage of a third party’s filters, parts or accessories (“Third Party Items”);
- damages due to any relocation, removal or reinstallation of the Appliance;
- damage or malfunction caused by pets, animals, and/or pests, or resulting from their presence or involvement;
- damage or malfunction that arise due to changes in the use of the Customer’s premises/location after the installation of the Appliance and which impact the suitability of the premises/location where the Appliance is installed; and
- normal wear and tear or otherwise due to the normal aging of the Appliance, including its parts or accessories.
- In addition to the foregoing, the Warranty shall be rendered null and void in circumstances where the Customer utilises Third Party Items in the Appliance. redON reserves the right, at its option, to cease provision of the Maintenance Services and/or to replace the Third Party Items with Samsung’s filters, parts, or accessories, with all associated costs to be borne by the Customer.
- The Customer shall be liable and indemnify redON for any damages to the Appliance as a result of any acts contemplated under paragraphs (a) – (l) of Clause 6C above.
- A Customer Support or Warranty claim shall be submitted in accordance with the Samsung Warranty Policy, by contacting Toll-free number: 1800-88-9999 or by sending an enquiry or engaging in a live chat with our operator at https://www.samsung.com/my/support.
- redON reserves the right to repair or replace the Appliance or any parts thereof at its sole discretion if there are defects to the Appliance during the Warranty Period. Such right includes any decisions to change the filters of the Appliance. Upon any replacement of the Appliance or any parts thereof (the “Old Appliance”), the Old Appliance shall remain the property of redON.
- Maintenance Services
- redON shall maintain the Appliance in accordance to service and maintenance which includes four (4) mandatory annual service cycles by authorized technicians.
- Subject to Clause 6D above, redON reserves the right to charge the Customer separately for the costs of any additional maintenance services as redON deems necessary, where, for example, the additional maintenance services are required due to improper use of the Appliance, usage of Third-Party Items; usage of Samsung filters, parts or accessories obtained from unauthorised sellers, dealers and/or resellers.
- redON reserves the right to terminate or suspend the provision of the Maintenance Services in the event the Customer breaches this Agreement or fails to make payment for any monthly rental fees incurred.
- The Customer must allow redON and its authorised appointed technician to conduct mandatory annual service cycles as per its maintenance policy. Frequent postponements of the same by the Customer will be viewed as a breach of this Agreement.
- If the Customer requests for a mandatory annual service cycles to be cancelled, redON shall not be held liable in any manner whatsoever for any losses or damages arising from the cancellation. No additional annual service will be provided in replacement of the cancelled annual service.
- redON reserves the absolute right to not the annual service cycles if the Customer relocates the Appliance to a new location without its prior written consent, which includes instances where the Customer relocates the Appliance to a location outside Malaysia or an ‘off-road’/‘block area’, as determined by redON.
- Relocation of the Appliance
- In the event the Customer intends to have the Appliance relocated, the Customer shall obtain redON’s written consent (which shall not be unreasonably withheld) prior to the intended relocation. For the sake of clarity, redON has the absolute discretion to reject any request for relocation if the Customer intends to relocate the Appliance to a location outside Malaysia or an ‘off-road’ / ‘block area’, as determined by redON.
- The Customer shall be solely responsible for the relocation of the Appliance whilst redON shall provide dismantling and reinstallation services in respect of any relocation approved by redON pursuant to Clause 8A above. All costs incurred for such relocation shall be borne by the Customer. Without prejudice to the foregoing, redON 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.
- Any damages to the Appliance incurred during the relocation shall be excluded under the Warranty.
- Discontinuance of the Appliance
If redON intends to discontinue the sale or rental of the Appliance, redON may use commercially reasonable efforts to notify the Customer of the said discontinuance. redON will endeavour to provide Maintenance Services for the discontinued Appliance on a best effort basis, for a reasonable period thereafter. In any event, redON will continue to provide Maintenance Services until the expiry of the Rental Period or the Maintenance Services package, as subscribed to by the Customer prior to the said discontinuance. In any case, redON shall have no obligation, or liability in connection with the failure, to provide such Maintenance Services and the Customer shall have no right to claim for any damages or compensation from redON on the same.
- Force Majeure
Neither party shall be liable for any delay or failure in performing its obligations under this Agreement to the extent that such delay or failure is caused by or results from an event beyond its reasonable control (“Force Majeure Event”), including but not limited to acts of God, acts of terrorism, war (whether declared or undeclared), civil commotion, riots, labour strikes or lock-outs, epidemic, pandemic, compliance with any applicable law, regulation or order of any governmental authority, failure or interruption of public utilities, fire, flood, earthquake or other natural disasters, or any other event of a similar nature beyond the reasonable control of the affected party.
The affected party shall notify the other party in writing as soon as reasonably practicable after becoming aware of the Force Majeure Event, stating the nature of the event, its expected duration and the obligations affected.
The affected party shall use all reasonable endeavours to mitigate the effects of the Force Majeure Event and resume performance of its obligations as soon as reasonably practicable.
The obligations of the affected party shall be suspended only for the duration of the Force Majeure Event to the extent that performance is prevented. If the Force Majeure Event continues for a period exceeding sixty (60) consecutive days and materially affects the performance of this Agreement, either party may terminate this Agreement by giving fourteen (14) days’ prior written notice to the other party without incurring any liability, save for any rights and obligations accrued prior to the date of termination.
- Liability Limitation
To the fullest extent permitted by applicable law, redON shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, special, consequential or punitive loss or damage, including but not limited to loss of profit, loss of revenue, loss of business opportunity or loss of goodwill, arising out of or in connection with this Agreement or the use of the Appliance.
Subject to the foregoing, redON’s total aggregate liability arising out of or in connection with this Agreement shall not exceed the total amount of rental fees actually paid by the Customer under this Agreement as at the date the claim arises.
Nothing in this Agreement shall exclude or limit redON’s liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by its negligence, or any other liability which cannot be excluded or limited under applicable law.
The Customer acknowledges that the Appliance is subject to the manufacturer’s warranty and that redON’s obligations in relation to defects in the Appliance shall be limited to the remedies expressly provided under this Agreement and the applicable Samsung Warranty Policy.
- Miscellaneous
- The Customer shall inform redON in writing of any changes to his personal details (address, contact details, bank account/ debit details etc.) as soon as possible. redON shall not be responsible for any losses or damages suffered by the Customer as a result of issues that arise due to the Customer’s failure to comply with the foregoing.
- redON 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.
- Any dispute, claim or disagreement arising out of or in connection with this Agreement shall first be referred to redON for internal review and determination. redON shall have the sole and absolute discretion to determine such dispute, and redON’s determination shall be final and binding on the Customer, subject always to any rights or remedies which cannot lawfully be excluded or restricted under applicable law.
- This Agreement supersedes any and all prior written and oral agreements. In executing this Agreement, the Customer shall not rely upon any promises, representations or statements not embodied herein. redON’s representatives shall have no right to enter into any settlements or special agreements with the Customer other than as stated herein.
- This Agreement shall be governed by the laws of Malaysia.
SECTION 2 – TERMS APPLICABLE FOR RENTAL OF APPLIANCE
- Rental Processing Fee and Stamp Duty
The Customer shall pay the Rental Processing Fee and Stamp Duty as specified in Schedule A, Section 1 (C)(i) as per the Agreement for internal processing and agreement stamping purposes upon execution. Upon completion of the credit assessment by redON, the Rental Processing Fee and Stamp Duty shall be deducted via the Customer’s debit card or bank account, following the setup of the mandatory direct debit enrolment.
- Rental Period (Tenure)
The rental period is fixed at 60 months (5 years). The rental period shall commence on the first day of the month following the Installation Date (“Rental Commencement Date”) and continue for a period as stated in Schedule A, Section 1 (C) as per the Agreement(“Rental Period”) unless terminated by the Customer accordingly to Clause 9 below.
- Maintenance Services Period
Subject to Clauses 7, 8 and 9 of the General provisions (Section 1) (whichever applicable) and Clause 4 and 6 below, redON shall provide Maintenance Services for the Appliance throughout the Rental Period.
- Monthly Rental Fee
- The Customer shall pay the monthly rental fee as stated in Schedule A, Section 1 (C) as per the Agreement by way of direct debit/auto debit of the Customer’s debit card or bank account or any other modes of payment as approved by redON from time to time. The Customer shall, upon signing this Agreement, complete and execute the relevant payment authorisation enrolment/form as annexed herein.
- If the Customer elects to pay via a method not described in Clause 4A above, redON reserves the right to charge the Customer a handling fee of RM10.00 per month (“Rental Collection Handling Fee”), for each month payment is made via such method.
- redON also reserves the right to charge a Rental Collection Handling Fee in cases where it has failed to obtain payment from the Customer through direct debit/auto debit for any reason whatsoever and where there is no advance payment of rental fee by the Customer. The Rental Collection Handling Fee will be charged on a monthly basis, beginning from the month immediately following the month in which the Customer fails to make payment via direct debit /auto debit.
- The Customer shall inform redON in writing as soon as possible of any changes to his bank account details which may affect payment collection or deduction, to avoid any disruption in the provision of Maintenance Services.
- Where redON 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, redON shall be entitled to appropriate a sufficient sum from the Customer’s bank account to fulfil any outstanding amount due to redON at a later date. There may be more than one attempt to charge the Customer’s debit card or bank account, to ensure that the monthly rental fee due to redON is paid in full.
- redON shall be entitled to increase the monthly rental fee in order to take into account any increase in its operating costs in respect of the Appliance including any increase in the cost of labour, materials, transport, or any increase due to the imposition of government and/or sales and service taxes.
- Billing and Invoice
- Regardless of the Rental Commencement Date or expiry or termination date of the Rental Period, the selected Billing Method and the monthly rental fee stated in Schedule A, Section 1 (C) as per the Agreement shall be charged in full on a calendar month basis from the month following the Installation Date until the month on which, this Agreement expires or is terminated as stipulated herein.
- The Customer shall pay each monthly rental fee within thirty (30) days from the date of invoice. In the event of termination of this Agreement either by redON or the Customer, all monies owing to redON shall become due and payable immediately.
- Any dispute regarding billing must be communicated by the Customer to redON in writing within fourteen (14) 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.
- redON reserves the right to change the mode of billing from time to time without prior notice to the Customer.
- Non-Payment of Rental
- redON shall be entitled to take progressive manner and necessary measures to recover all outstanding rental fees owed by the Customer, including listing the Customer with reporting to credit bureau, engaging a collection agency, retrieve the appliance and/or commencing legal proceedings.
- Without limiting the generality of the foregoing, redON has the right to suspend provision of the Maintenance Services if the Customer fails to pay the monthly rental fee for a continuous period of three (3) months or more.
- redON shall issue written reminders by way of a physical letter, SMS, email or direct contact to the Customer demanding settlement of the outstanding rental amount, including but not limited to potential to the following escalation measures:
- 1 Month Arrears – redON shall issue a reminder letter, supplemented by SMS, email, or direct contact to notify the Customer of the outstanding amount and request immediate settlement.
- 2 Months Arrears – redON shall issue a Notice of Demand (NOD) to the Customer and proceed with product blocking (e.g., deactivation or suspension of the rented unit) until the arrears are settled.
- 3 Months Arrears – redON shall issue a Notice of Termination (NOT) reminder letter to the Customer, terminate all maintenance services, and register the account as a trade reference with the relevant credit bureau(s).
- 4 Months Arrears – redON shall issue a Final Letter of Notice of Termination (NOT) and initiate legal proceedings, which may include the issuance of an external Letter of Demand (LOD) and/or summons, at redON’s sole discretion.
- The Customer further acknowledges that in the event of any payment default exceeding thirty (30) calendar days from the monthly rental due date, redON reserves the absolute right, without further notice, to remotely initiate system restrictions, suspend the unit’s core cooling functions, and/or activate automated audible system reminders on the device until all outstanding rental arrears are fully paid and cleared. For the avoidance of doubt, such measures are standard credit control and operational suspension procedures implemented in response to non-payment. redON shall not be held liable for any discomfort, loss, damage, or inconvenience caused by the execution of these measures.
- Appliance Ownership and Transfer
- The Appliance rented to the Customer remains the property of redON throughout the Rental Period, subject to Clause 6 of the General provisions (Section 1) above, 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 redON to do the same. redON shall not be held liable for any losses or damages incurred by the Customer in the abovementioned events.
- Upon full and prompt payment of the monthly rental fees throughout the Rental Period and provided the Customer is not in breach of any terms, ownership of the Appliance shall automatically transfer to the Customer at no additional cost. redON will update its system records to reflect the transfer and Customer may continue filter changing and maintenance service by signing new service package only with redON at Customer costs.
- No Transfer, Sublease, Resale or Rental of the Appliance
The Customer shall not, and under no circumstances attempt to, transfer, sublet, resell or rent the Appliance to any third parties throughout the Rental Period.
- Termination of this Agreement
- The Customer shall not terminate this Agreement prior to the expiry of the Rental Period except as expressly permitted under this Agreement. In the event the Customer terminates this Agreement before the expiry of the Rental Period, the Customer shall be liable to pay the Early Termination Penalty as set out in Clause 10A. Unless otherwise agreed in writing by redON, this Agreement shall remain in full force and effect and the Customer shall remain liable for all monthly rental fees and other sums due under this Agreement until the effective date of termination.
- redON may terminate this Agreement by giving not less than seven (7) days’ prior written notice to the Customer and may repossess or retrieve the Appliance upon the occurrence of any of the following events:
- the Appliance is subjected to abnormal use, misuse, unauthorised modification, unauthorised repair, transfer, assignment, sublease or relocation in breach of this Agreement;
- the Customer fails to pay the monthly rental fee for a period of three (3) consecutive months or more;
- the Customer commits a material breach of this Agreement which, where capable of remedy, is not remedied within fourteen (14) days after receiving written notice from redON requiring such breach to be remedied; or
- the Customer provides any false, inaccurate, misleading or forged information or document in connection with this Agreement.
- Notwithstanding Clause 9B, redON may terminate this Agreement for convenience by giving the Customer not less than fourteen (14) days’ prior written notice. In such event, the Customer shall not be liable for Monthly Rental Fees falling due after the effective termination date, and redON shall arrange retrieval of the Appliance at Customer’scost. Any prepaid amounts relating to the period after termination shall be refunded to the Customer.
- Early Termination Penalty
- 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 amounting to hundred per centum (100%) of the total monthly rental fees (in months) for the remainder of the Rental Period, calculated on a calendar month basis.
- In addition to the above, the Customer shall not be allowed to enter into another agreement on rental terms with redON for a period of three (3) months after such early termination.
- Appliance Loss Fee
In the event that the Appliance cannot be located, is damaged beyond repair attributable to the Customer’s failure, is destroyed by fire or any natural disaster, or if redON is otherwise unable to retrieve the Appliance pursuant to Clause 6, the Customer shall be liable to pay redON a penalty (“Appliance Loss Fee”), calculated as follows:
Appliance Loss Fee = (Total Remaining Rental Fees (in months) of the Rental Period).