Terms and Conditions

General Terms & Conditions ("GTCP")

These General Terms & Conditions ("GTCP") govern your participation in the Rent-to-Own ("RTO") Program provided by AM Marketing Sdn Bhd ("AM Marketing") and administered in collaboration with Peopleperks International Sdn Bhd (also known as "HariWang"), acting as the authorized platform operator and payment collection agent on behalf of AM Marketing.

By entering into the Rent-to-Own ("RTO") Program, you acknowledge and agree that:

AM Marketing Sdn Bhd is the legal product provider and owner;
HariWang is appointed solely as the collection facilitator and digital management provider, not the product owner.

GENERAL TERMS AND CONDITIONS FOR PRODUCT(S)

GENERAL

You may lease or outright purchase from AM Marketing, any AM Marketing's products under the household electronic appliances, electrical equipment and digital gadgets products ("Product(s)") through and as implemented by AM Marketing from time to time ("Product Plan"), subject to the following:

this General Terms & Conditions for Product(s) ("GTCP") which applies to all Product(s);
the Specific Terms & Conditions for Product(s) ("STCP") which are the specific terms and conditions for a particular Product(s) purchased or subscribed by You;
the Product Application Form; and/or
all other documents that are either entered into between the parties or issued by AM Marketing in relation to your Product(s) and/or Product Plan during the term of this agreement (including but not limited to, the user manual of the Product(s), any announcements, letters, notifications from AM Marketing and/or any subsequent amendments to the above documents). ("Other Documents")

(collectively referred to as "Agreement") which shall be read together.

Upon successful verification of your credibility and all information provided by You to AM Marketing, You acknowledge and agree to be bound by the Agreement, as amended from time to time, and such other terms and conditions as we may impose from time to time upon installation and/or delivery of the Product(s) to You and shall continue to be in force and effect until the Agreement is terminated or expired in accordance with the terms and conditions of the Agreement. Your continued use of the Product(s) and/or the Product Plan after any changes to the Agreement, shall constitute unconditional acceptance by You of such changes and You shall be bound by the same.

Any conflict and/or inconsistency between the terms and conditions of the GTCP, the applicable STCP, Product Application Form and Other Documents shall be construed in the following order of precedence (in descending order):

Other Documents.
Product Application Form.
STCP.
GTCP.

To avoid doubt, any conflict and/or inconsistency between any other additional document(s) shall be construed in accordance with the order of precedence above.

For purpose of outright purchase, clauses 3.1.2, 7.1 and 8.2 herein, shall not apply.

ELIGIBILITY

To be eligible to subscribe to the Product Plan or purchase the Product(s), You must be 18 years old and above and are authorised to enter into this Agreement. Each Product Plan or Product(s) may have additional eligibility requirements as set out in the STCP and such eligibility requirements shall be in addition to those set out in this GTCP.

Notwithstanding Clause 2.1, on your application to us for the subscription to the Product Plan or outright purchase, we will determine, at our sole and absolute discretion, if the Product Plan and/or Product(s) may be made available to You.

YOUR COVENANTS WITH AM Marketing

You agree, covenant and undertake that:

the information provided by You to AM Marketing is true and correct and You undertake to update your information where there are any changes;
You have no right, title or interest in or to the Product(s), save and except the right to possession and use of the Product(s);
You are obligated to check the AM Marketing's official website, E-brandstore, and any other platform authorised by AM Marketing ("Websites") as well as your e-mail and/or SMS provided under this Agreement regularly for any changes in respect of the terms and conditions and pricing of the Product Plan;
You shall not during the Obligatory Period, terminate or cancel your Agreement for non-payment or whatsoever reasons. You agree AM Marketing have the right to impose on You the Early Termination Fee or Total Loss Fee along with other responsibilities as set out in clause 8.2 or 8.3 below, which You shall be responsible for the same if the Agreement is terminated for whatsoever reason before the expiry of the Obligatory Period and/or the Agreement;
You are responsible for any loss, theft or damage to the Product(s) at all times, and shall continue to pay the Monthly Rental associated with the Product Plan, notwithstanding that the Product(s) is lost or damaged;

In addition to the above, You consent and agree to the following:

to use and keep the Product(s) solely for household use at the Delivery/Installation Address, in a proper, functional, and operationally safe state following AM Marketing's user manual and/or any other documents as attached with the Product(s);
not to remove the Product(s) from the Delivery/Installation Address or display and/or use the Product(s) in places other than the Delivery/Installation Address unless with the approval of AM Marketing;
not to resell, lease, rent and/or transfer the Product(s) to any third party;
not to damage, modify, tamper, interfere or alter the Product(s) in any form;
not to remove or damage the labels, service card, warranty card and/or operating manual on the Product(s);
to contact AM Marketing and/or allow AM Marketing to contact You for the provision of periodical maintenance and service of the Product(s) to ensure the proper functioning of the Product(s) following the service and maintenance schedule as recommended by AM Marketing;
to authorise AM Marketing to enter the Delivery/Installation Address to install, to service and maintain the Product(s) as well as to collect the Product(s) for repair or service (if required) or upon termination of the Agreement; and/or;
to notify AM Marketing forthwith of any damage occurred to the Product(s).

DELIVERY AND/OR INSTALLATION OF PRODUCT(S)

Any intended delivery/installation date and Delivery/Installation Address provided by You shall be subject to AM Marketing's availability upon placing your order.

If the Delivery/Installation Address provided by You is a multi-dwelling unit, You agree to obtain the necessary consent from the building management or owner for AM Marketing to enter the building to install the Product(s).

Upon approval of your application by AM Marketing, AM Marketing will contact You to arrange for delivery and/or basic installation of the Product(s) free of charge, save and except additional works and/or services required for delivery, installation and/or the proper functioning of the Product(s) and/or requested by You ("Additional Works"). In such event, additional charges ("Additional Charges") as provided in the applicable STCP will be imposed on You.

On the day of installation, You must either be present in person or arrange any person authorised by you to be available at the Delivery/Installation Address to accept delivery and/or installation of the Product(s) and sign any documents required by AM Marketing. You further agree to cooperate with AM Marketing in the identity verification process at the time of installation, including but not limited to, providing to AM Marketing valid identification documents such as your identity card and any other documents as requested by AM Marketing.

Upon delivery and/or installation, the risk of loss and/or damage of the Product(s) shall be passed on to You.

Subject to Additional Charges and AM Marketing's approval on the relocation/reinstallation, You may request for a change of Delivery/Installation Address and/or relocation or re-installation of the Product(s) by written notice to AM Marketing.

AM Marketing reserves the right to decline any request for installation, reinstallation, and/or relocation of the Product(s) if it falls outside the scope of coverage of AM Marketing or if it is deemed impossible or unsuitable by AM Marketing.

PRODUCT(S) WARRANTY

Subject to full payment of Monthly Rental or Outright Purchase Price, You shall be entitled to the Product(s) Manufacturer warranty ("Product Warranty"), which is only applicable in Malaysia, covering any manufacturing defects in material or workmanship under normal use excluding wear and tear and other exclusions as specified in the applicable STCP, provided that You have complied with the terms in the Agreement and Other Documents (if any).

You may refer to the applicable STCP or Product Application Form for warranty period of the specific Product(s) purchased or subscribed by You, which shall commence from the delivery/installation date of the Product(s) and will continue until either the expiry or termination of the Agreement or until the end of warranty period or rental period, whichever is earlier, as well as the exclusion terms of the Product Warranty.

To claim Product Warranty, You should contact AM Marketing directly for repair and/or replacement of the Product(s).

When a claim is made by You for Product Warranty, AM Marketing and/or the Manufacturer shall have the rights and discretion to:

accept or reject your claim for Product Warranty;
determine the process or method to evaluate or assess the Product(s) and/or your claim; and/or
if your claim for Product Warranty is accepted, determine the manner to fulfil or resolve your warranty claim, including but not limited to, replace the Product(s) with another product of similar function and value if the exact product replacement is no longer available.

If You obtain replacement Product(s) upon warranty claim, the warranty period of the replacement Product(s) shall not be refreshed and shall continue from the delivery/installation date of the original Product(s).

The Product(s) Warranty shall void if the following occurs:

upon expiry of the Product Warranty or rental period, or termination of the Agreement or repossession of the Product(s);
upon unauthorised use, repair or modification of Product(s) not in compliance with the Product(s)' operating manual and/or the Agreement, including but not limited to, exposure to moisture, dampness or extreme thermal environment conditions, use of Product(s) in combination with other goods;
the Product(s) has been misplaced, damaged and/or destroyed for any reasons whatsoever;
the Product(s) has been relocated or transferred to a location other than the Delivery /Installation Address without AM Marketing's consent;
the Product(s) is obsolete, no longer deemed serviceable or replaceable for any reasons;
the Product(s) is leased, rented, sold, disposed by You to other party without the consent of AM Marketing; and/or
the warranty card, service card and/or labels on the Product(s) is altered, defaced, erased, damaged or removed in any manner whatsoever.

SERVICE AND MAINTENANCE OF THE PRODUCT(S)

Subject to full payment of Monthly Rental or Outright Purchase Price, AM Marketing will provide periodic service for all Product(s) under Product Plan or outright purchase.

The period, frequency and scope of periodic service and maintenance may vary depending on the specific Product Plan You subscribed to or the Product(s) purchased by You. You may refer to the applicable STCP or Product Application Form for the details of service and maintenance of the Product(s).

Any service and maintenance that fall beyond the term of the Agreement and/or outside the scope of service and maintenance will be subject to Additional Charges as specified in the applicable STCP.

After expiry of the Product Warranty or rental period, any request for service, maintenance, repair, replacement of the Product(s), transportation and spare parts, shall be subject to charges as imposed and determined by AM Marketing and/or the Manufacturer.

AM Marketing Customer Care Service Package ("CCSP")

Upon expiry of the Product Warranty or rental period, You may contact AM Marketing directly to subscribe to the available CCSP in relation to the Product(s) at Your own costs.

The pricing of CCSP payable by You shall be in accordance with the pricing stated on our Websites or as communicated to You by AM Marketing. The pricing of the CCSP on our Websites may be subject to change at the discretion of AM Marketing.

Any application for purchase or subscription of CCSP will be subject to AM Marketing's approval. AM Marketing reserves the right to decline your application for CCSP if Your Product(s) have been in use for a period of ten (10) years or more from the delivery/ installation date or is no longer deemed serviceable or replaceable by AM Marketing for any reasons whatsoever.

For Product(s) that is not eligible for the CCSP, You may purchase separately one-time service, maintenance, repair, filter replacement, filters and/or spare parts, at Your own costs, with pricing to be determined by AM Marketing in accordance with prevailing market rates.

PAYMENT FOR THE PRODUCT(S)

Payment of Monthly Rental and Advance Payment.

For all Rent-to-Own (RTO) arrangements, You are required to make a 30% Advance Payment upfront based on the total product value. This Advance Payment is non-refundable and confirms your commitment to the RTO program. The remaining 70% of the total amount will be divided into fixed Monthly Rental instalments payable throughout the duration of the Product Plan.

You shall make all payments for the Monthly Rental promptly each month, even if the Product(s) is used by a third party. Your responsibility to pay continues until the full Total Rental Sum is paid.

All Monthly Rental payments are to be made in Ringgit Malaysia and are exclusive of sales and service tax. You may check your outstanding Monthly Rental and monthly invoice through the channels provided by AM Marketing upon written request.

No cancellation or refund is permitted once payment is made under this Agreement unless explicitly stated otherwise.

Mode of Payment.

You may make payments through deduction (where applicable), online bank transfer, or credit/debit card. Where online transfer is chosen, You are required to make the payment directly to the appointed Collection Agent.

You agree and acknowledge that HariWang (Peopleperks International Sdn Bhd) is the appointed Collection Agent and authorized to receive payment on behalf of AM Marketing.

Payment of Outright Purchase Price and Advance Payment

While AM Marketing assessing your eligibility, You may be requested to pay an upfront payment ("Advance Payment") at AM Marketing's sole discretion, as part payment of the Outright Purchase Price.

Upon installation of the Product(s), You are responsible to promptly pay either the full Outright Purchase Price or if Advance Payment has been made, the balance Outright Purchase Price for the Product(s) under your name whether the Product(s) is or are used by You or a third party (whether with your consent or otherwise) on or before the following:

for individual customer, the payment due date as set out by AM Marketing in the invoice; or
for corporate customer, the payment terms as agreed between You and AM Marketing.

All Outright Purchase Price are payable in Ringgit Malaysia and exclusive of sale and service tax.

The Outright Purchase Price payable by You for the Product(s) can be found in the applicable STCP, Product Application Form, or on our Websites.

No cancellation of outright purchase by You shall be permitted and no refund of any Outright Purchase Price, Advance Payment, and/or any sum paid by You under this Agreement shall be made by us in respect of such Product(s).

Mode of Payment

Where payment for Monthly Rental or Outright Purchase Price is made by way of credit card/debit card and/or online transfer and/or e-wallet. You confirm and agree that:

the information You provide us is true and correct;
the credit card/debit card You chose is in your name. If the credit card/debit card You choose is in the name of a third party, You confirm and undertake that the cardholder has authorised You to use the credit card/debit card for purposes of the automated payment to AM Marketing;
You are the lawful and authorised holder of the credit card/ debit card or where the credit card/debit card belongs to a third party, the cardholder is the lawful and authorised holder of the credit card/ debit card; and
the credit card/ debit card is valid and has not expired, suspended or terminated and will remain valid and unexpired throughout the duration of your use of automated payment.

AM Marketing is entitled at our discretion to approve or reject applications for automated payment. You will be notified if your application has been rejected in which case payment must be made via other payment channels such as at the online services, e- wallet or banks' payment channel.

You expressly authorise AM Marketing to:

verify information supplied for registration with the credit card/debit card issuer or any third party as may be necessary;
forward your billings and other details to the Bank, the credit card/debit card issuer and other relevant parties for and in connection with the automated payment; and
share your information contained in our database with our corporate shareholders, third parties and/or relevant authorities towards the detection and prevention of crime and/or lawful purposes.

AM Marketing will not be liable to You:

if the credit card/debit card is not honoured by the Bank or the credit card/debit card issuer;
if provision of or authorisation to the credit card/debit card holder for the automated payment is denied, refused or suspended at any time by any party for any reason; or
if we are unable to or delay in providing automated payment services for other circumstances beyond our reasonable control (e.g. power failure).

Notwithstanding a transaction may have been completed via automated payment and your particular invoice has been credited as paid, we may reverse any payment entry in your transaction account, and You are required to pay such unpaid amount in the following circumstances:

the transaction is cancelled for any reason by the Bank or the credit card/debit card issuer;
the transaction is found to be incomplete, illegal or fraudulent;
the transaction is a "Declined Authorisation" or one with a non-corresponding authorisation code;
the transaction sum or part thereof exceeds the credit card/debit card holder's authorised credit limit;
the relevant credit card/debit card has expired, is terminated or invalid for any reason;
the transaction was entered into without authorisation of the credit card/debit card holder or the credit card/debit card holder disputes the transaction or denies liability;
the transaction was carried out or credit was given to You in circumstances constituting a breach of any express or implied term, condition, representation or duty by You;
the performance of the automated payment transaction or the use of the credit card /debit card involves a violation of the law, rules or regulations of any governmental or regulatory body, notwithstanding that we may have notice of the same at the time when the transaction was carried out; or
at AM Marketing, the Bank's or the credit card/debit card issuer's discretion.

In the absence of fraud or manifest error, AM Marketing may rely on statement generated from your account records in our system as conclusive evidence against You of the accuracy and completeness of its entire content unless disputed in the manner stated above. You are responsible for paying all Monthly Rental or Outright Purchase Price together with all other sums due and payable for the Product(s) You leased or purchased from us without any counterclaim, deduction, set off or withholding.

This Clause 7 shall survive termination of this Agreement.

TERMINATION

AM Marketing shall be entitled at all times to immediately terminate the Agreement with notice either without cause or for any of the following reasons:

where You breach any of the terms and conditions of the Agreement;
in the event of death or You are adjudged a bankrupt or commit an act of bankruptcy or will be wound up or have a receiver or manager appointed, or any similar proceedings;
You have defaulted in any payment in respect of the Product(s) when it falls due which include but not limited to Monthly Rental, Outright Purchase Price or the balance Outright Purchase Price (if Advance Payment has been made), Additional Charges, Processing Fees and/or Advance Payment;
where AM Marketing found that the Product(s) is missing, damaged or used not in accordance with its purpose and the manner as prescribed by the user manual and/or any other documents as attached with the Product(s);
where the Product(s) has been relocated or reinstalled without AM Marketing's consent; or
where a request for installation, relocation or reinstallation of the Product(s) is made to an area which AM Marketing at its sole discretion deemed not suitable for the Product(s).

Consequences of Termination-Lease of Product(s) under Product Plan

Upon termination of the Agreement by AM Marketing pursuant to clauses 8.1 (termination without cause), 8.1.1, 8.1.2, 8.1.3, 8.1.4, 8.1.5, or 8.1.6 above and in addition to the termination consequences stated in the applicable STCP, You shall:

forthwith be liable to pay to AM Marketing:
- Early Termination Fee, where there is an Obligatory Period for the Product Plan; or
- Total Loss Fee, where the Obligatory Period and total rental period for the Product Plan is the same;
forthwith return the Product(s) to AM Marketing in good working condition or allow AM Marketing to repossess the Product(s) from You at your own costs; and
where applicable reimburse or pay to AM Marketing any repossession costs AM Marketing incurred during the process of repossessing the Product(s) and any costs incurred for the recovery of the outstanding Monthly Rental, other Charges due to AM Marketing under this Agreement including but not limited to legal fees (on solicitor and client basis).

Consequences of Termination-Outright Purchase

Upon termination of the Agreement by AM Marketing pursuant to clauses 8.1 (termination without cause), 8.1.3 or 8.1.6 above, You shall:

forthwith be liable to pay to AM Marketing the full Outright Purchase Price minus any payment made for part payment of the Product(s) (if any);
forthwith return the Product(s) to AM Marketing in good working condition or allow AM Marketing to repossess the Product(s) at your own costs; and
where applicable, reimburse or pay to AM Marketing any costs incurred for the recovery of the Outright Purchase Price, any outstanding amounts under this Agreement and/or other costs related to the repossession of the Product(s) to AM Marketing including but not limited to legal fees (on solicitor and client basis).

For outright purchase, in the event AM Marketing becomes aware of any of the circumstances set out in clauses 8.1.3, 8.14, 8.15 and 8.16 above, AM Marketing shall not be obligated to provide any service and maintenance in relation to the Product(s) purchased by You.

You may under the following limited circumstances, submit your request for termination for AM Marketing consideration, by giving AM Marketing ten (10) working days' notice in writing specifying the reasons for termination:

where a request for installation, relocation or reinstallation of the Product(s) is made to an area which AM Marketing at its sole discretion deemed not suitable for the Product(s);
in the event You do not accept any amendment or changes made to the Agreement, as outlined in clause 14.2 below; or
in the event of death or You are adjudged a bankrupt or commit an act of bankruptcy or will be wound up or have a receiver or manager appointed, or any similar proceedings;

In the event AM Marketing accepts your request for termination and the Agreement is terminated during the Obligatory Period, You shall pay to AM Marketing the Early Termination Fee or Total Loss Fee (whichever is applicable) and comply with the termination consequences set out in clauses 8.2 or 8.3 above (whichever is applicable).

Termination of this Agreement by either AM Marketing or You for any reason whatsoever does not prejudice any other rights, remedies or claims AM Marketing may have against You under this Agreement or at law in respect of any antecedent breach by You of any provision of this Agreement, including the right of indemnities and to recover any outstanding amounts due and payable by You under this Agreement through legal proceedings and/or third party means such as CTOS and/or collection agencies.

FORCE MAJEURE

AM Marketing shall not be liable for delay or failure to perform our obligations under this Agreement due to Force Majeure.

If our ability to perform our obligations under this Agreement or any part thereof is affected by Force Majeure, we shall be excused from performance of the obligations which are affected by Force Majeure during the time Force Majeure is in effect or operative.

Such non-performance shall not be construed as a breach by AM Marketing and the time for performance of the obligations which are affected by the Force Majeure shall be extended considering the extent and impact caused by the Force Majeure.

AM Marketing may terminate this Agreement, by giving You seven (7) days' written notice if the Force Majeure prevents us from performing and/or continuing our obligations for more than a period of thirty (30) days.

Notwithstanding the occurrence of the Force Majeure, You will remain obliged to pay all and any sums which are outstanding and/or due and payable to us in accordance with this Agreement.

INDEMNITY

You agree to defend, indemnify and hold harmless AM Marketing, its directors, shareholders, officers, employees, agents, affiliates, successors and assigns thereof from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of the, the use of Product(s) and/or your violation of the terms and conditions of this Agreement.

In the event AM Marketing is held liable by any courts of law, AM Marketing's liability shall not exceed the amount of the total monthly rental sum, or any other payment paid by You to AM Marketing under Agreement.

This clause 10 shall survive termination of this Agreement.

COMPLIANCE OF LAW

AM Marketing will comply with all applicable laws and regulations in Malaysia including but not limited to laws and regulations regarding personal data protection and anti-bribery and corruption and AM Marketing's policies as outlined in

You agree that You shall:

comply with all laws and regulations in Malaysia or any other jurisdiction relating to anti-bribery and corruption;
consent to the use and sharing of your personal data by AM Marketing in accordance with AM Marketing's Privacy Notice at, for the purpose of KYC, eKYC (Know Your Customer) and/or credit check with the party assigned by AM Marketing; and
consent to the transfer and storage of any of your Personal Data to any location including outside Malaysia as and when deemed necessary by AM Marketing for operational purposes including data backup.

JURISDICTION AND GOVERNING LAW

The Agreement shall be governed by the laws of Malaysia. Parties agree to be subject to exclusive jurisdiction of the courts of Malaysia.

NOTICE

You may give notice to AM Marketing in writing by hand or by registered post to Lot 5, Jalan Majistret U1/26, Hicom-glenmarie Industrial Park, 40150 Shah Alam, Selangor.

Any notice given by You to AM Marketing shall be good and sufficient notice duly served on AM Marketing:

if it is delivered by hand, at the time of delivery and duly acknowledged; and
If it is sent by prepaid registered post, three (3) days after posting thereof.

Any notice given by or on behalf of AM Marketing to You electronically on the Websites or sent to You via email, SMS and/or AM Marketing electronic platform shall be deemed good and sufficient notice duly served on You at the time it was sent or posted.

MISCELLANEOUS

The Agreement contains the entire understanding of the parties with respect to the subject matter and supersedes all prior agreements and understandings, oral or written, with respect to such matters.
AM Marketing may at any time amend, alter, change, remove, revise, and/or delete any of the terms and conditions in the Agreement by written notice provided to You through email, SMS, or through notification posted on our official website. If You do not accept such amendment or changes, You may terminate the Agreement by giving AM Marketing written notice within ten (10) working days from the date when the amendments to the Agreement are notified or sent to You through email, SMS, and/or any notification via digital platform failing which You are deemed to have acknowledged and accepted the amendments or changes.
Time whenever mentioned shall be of the essence of this Agreement.
You shall bear the stamp duty of the Agreement, any applicable taxes, and other incidental expenses in relation to the Agreement.
AM Marketing may assign, transfer, or sub-contract any of its rights or obligations under the Agreement without notice to You. You may not assign or subcontract any of your rights or obligations under the Agreement without AM Marketing’s consent.
If any of the terms and conditions in the Agreement be construed as illegal, invalid, or unenforceable for any reason, such provisions shall be amended to the extent necessary to make them legal, valid, or enforceable or, if not possible to do so, deleted from the Agreement, but all other terms and conditions of the Agreement shall continue in full force and effect.
Any failure or delay by AM Marketing in exercising any right, remedy, or provision under this Agreement shall not be deemed a waiver of such right, remedy, or provision. No waiver of any breach or default of You shall be deemed a waiver of any subsequent breach of default.
The parties agree that the termination or expiration of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiration and/or any terms and conditions intended expressly or by implication to survive termination or expiry.
Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
By entering into the Agreement, You acknowledge and agree that You shall be bound by any and all the terms and conditions mentioned in the GTCP, the applicable STCP, Product Application Form, Other Documents, and any variation or amendment made by AM Marketing thereto from time to time.

DEFINITIONS

“Additional Charges”: Additional charges imposed on You for Additional Works which amounts shall be determined by AM Marketing/Manufacturer and will be provided to You upon request or before commencement of Additional Works.
“Additional Works”: Additional works required for delivery, installation (apart from standard installation) as specified in the applicable STCP including but not limited to any dismantling works, hacking, trunking and electrical work, sky lift, re-installation, relocation, installation work on public holiday or Sunday and/or other any necessary work required to ensure the proper functioning of the Product(s).
“Advance Payment”: Upfront payment equivalent to one-month’s Monthly Rental (for Product Rental Plan) or any amounts (for outright purchase) that is required to be paid by You to AM Marketing as security for the performance of your obligations to us.
“Agreement”: The GTCP, the applicable STCP, Product Application Form, and the Other Documents (if any) as a whole.
“Charges”: All Monthly Rental, Processing Fees, Advance Payment, Additional Charges and/or other fees to be paid by You for or relating to the Product(s). The Charges will be in accordance with the prevailing rates as determined by AM Marketing or as mutually agreed in writing between You and us, exclusive of all applicable taxes including, if applicable sale and service tax.
“AM Marketing”, “us”, “we” or “our”: AM Marketing Sdn. Bhd. (Registration No. 0118770U / 198401006250) and/or its related corporation, as may be applicable, and includes their successors, assigns, shareholders, directors, employees, officers, affiliates, suppliers, agents, authorised installer and independent contractors.
“Early Termination Fee”: Early termination charges imposed on You for terminating this Agreement before the expiry of Obligation Period which shall be calculated as the total Monthly Rental payable for the Obligatory Period minus the total Monthly Rental paid.
“Force Majeure”: Unforeseeable circumstances or events that are beyond AM Marketing’s control which disrupted and/or impact the performance of the obligations of AM Marketing including but not limited to acts of God, acts or omissions of Government, riots, acts of war, strike or lockout, acts of terrorism, epidemic, governmental regulations imposed or came into effect after the execution of the Agreement, earthquakes or other natural disasters and unforeseen occurrence, acts or omissions of persons or bodies for whom we and/or our related corporation has no control over (including acts or omissions of third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of our obligations, electrical power failure and/or interruption).
“GTCP”: The general terms and conditions of Product(s) as may be amended from time to time and provided to You through email, SMS and/or AM Marketing digital platform.
“Delivery/Installation Address”: The address provided by You where the Product(s) will be received and/or installed.
“Manufacturer”: The manufacturer of the Product(s).
“Monthly Rental”: Money that is paid by You to AM Marketing on a monthly basis in exchange for the use or lease of Product(s) under your name whether the Product(s) is or are used by You or a third party (whether with your consent or otherwise).
“CCSP”: AM Marketing customer care service package for periodic service and maintenance of the Product(s), available for Your purchase or subscription after the expiry of the Product Warranty or rental period.
“Obligatory Period”: The obligatory period as specified in STCP which shall commence from the first day of calendar month immediately after the delivery/installation date.
“Other Documents”: All other documents that are either entered into between the parties or issued by AM Marketing in relation to your Product(s) and/or Product Plan during the term of this agreement (including but not limited to, the user manual of the Product(s), any announcements, letters, notifications from AM Marketing and/or any subsequent amendments to the above documents).
“Outright Purchase Price”: The purchase price You paid to AM Marketing for the outright purchase of the Product(s).
“Personal Data”: Any personal data as defined under the Personal Data Protection Act 2010 provided by You to AM Marketing for the purpose of this Agreement.
“Processing Fees”: Fee imposed by AM Marketing for the handling, processing and administration of your outright purchase or subscription to Product Plan.
“Product(s)”: Products offered by AM Marketing under the Healthy Appliances pillar and/or Healthy Living pillar, which are available to sell outright to You or to lease to You through the Product Plan including but not limited to the combination of two different types of products.
“Product Application Form”: A form formally executed by You for the acceptance of the terms and conditions of the Agreement.
“Product Plan”: AM Marketing Rental Plan or any other rental plan launched by AM Marketing for the lease of Product(s).
“STCP”: The specific terms and conditions of Product(s) as may be amended from time to time, and provided to You via email, SMS and/or AM Marketing digital platform.
“Total Loss Fee”: The remaining amount of the Total Rental Sum after deducting the paid Monthly Rental.
“Total Rental Sum”: The sums of all Monthly Rental for Product(s) under the Product Plan.
“Websites”: AM Marketing’s official website, E-brandstore, AM Marketing digital platform and/or any other platform authorised by AM Marketing.
“You” or “your”: The individual, sole proprietorship, partnership, company or entity named in our Product Application Form as customer whose application for lease of the Product(s) or outright purchase or any part thereof has been accepted and approved by us and who uses or intends to Product(s) (including his or its successors and permitted assigns) and anyone appearing to us to be acting with any of the said party’s authority or permission.