Sales Order Terms & Conditions

Rental Agreement

 

General

1. Definitions

1. Appliance: Water Purifier, Water Filtration or any other products and appliances (“the Appliance”) marketed under the brand name of Pure N Fresh.
2. Pure N Fresh: Pure N Fresh Marketing Sdn. Bhd.
3. Customer: The person or company renting the Appliance from Pure N Fresh.

1. Commencement

This Agreement shall come into effect from the date of the Appliance installation and after the signing of this Agreement by the Customer (“Commencement Date”). The Customer shall be given one (1) duplicate copy of the Agreement immediately after signing.

1. Applicability

The rental of the Appliance by the Customer is governed by the terms and conditions set out herein (“the Agreement”). By signing this Agreement, the Customer acknowledges that the Customer has read and understood the Terms and Conditions as set out herein and agrees to be bound by it. 

1. Right of Order Acceptance

Pure N Fresh has the right and discretion to reject any Customer’s order without assigning any reason thereof. All rights to reject pursuant to this Agreement are exercisable without any prior notice to the Customer.

1. Personal Information

1. The Customer shall give accurate, authentic and true information to Pure N Fresh. The Customer shall promptly notify Pure N Fresh of any change in his or her personal information, for example, telephone number and address. In the case where there is a supply of false information, forged document or failure to notify the change in the information provided, Pure N Fresh reverses the right to reject the Customer’s order and terminate this Agreement. 
2. Pure N Fresh shall have the right to request Customer to provide any supporting document for verification purpose. Pure N Fresh has no responsibility of safe keeping and to re-supply the documents given by the Customer and shall not be liable for any loss or damages caused by the supply of the documents. 
3. Customer authorizes Pure N Fresh at any time and from time to 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 the Central Credit Reference Information System ("CCRIS") and such relevant authorities) for the purposes of evaluating Customer's credit standing, as Pure N Fresh deems fit in connection with this application. At the same time, Customer also agrees to give consent to CTOS Data Systems Sdn Bhd which is Pure N Fresh appointed CRA as define in the Credit Reporting Agencies Act 2010 for the purpose of this application to disclose any such credit information to Pure N Fresh in order to allow Pure N Fresh to process Customer's credit information to determine Customer's credit standing.
4. Privacy Notice: All personal information collected by Pure N Fresh is treated as confidential and it will be used for the fulfilment of order and provision of service to the Customer. The information may also be shared with third-party service providers who help with Pure N Fresh’s business operations, including but not limited to delivering packages, fulfilling orders, sending postal mail and e-mail, collecting debt by collection agency, processing credit card payments, investigating frauds and providing customer service. The information will be retained to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our terms and conditions, and take other actions otherwise permitted by law. Otherwise, the personal information will be destroyed by us once we confirm there is no use for it.
5. The Customer authorizes and permits Pure N Fresh to use the Customer's name, picture, video images or business card (image or otherwise) for the purpose of advertising, publicity, or promotion, with accompanying description or caption, in any manner or in any medium, such as social media platform. The Customer may subsequently withdraw the authorization or permission by sending a written request to Pure N Fresh to remove the Customer's name, picture, video image or business card (image or otherwise) from the publication. The use of Customer's name, picture, business card (image or otherwise), or likeness shall not be deemed to result in any invasion of Customer's privacy or in violation of any property right the Customer may have; and the Customer shall receive no additional consideration if his name, picture, business card (image or otherwise), or likeness is so used.

 

Rental of Appliance

1. Term

The contract period for the renting of the Appliance is according to the rental period and/or months as stated in the Sale Order Form commencing from the Commencement Date. 

1. Product Ownership

1. The Appliance provided to the Customer under the rental scheme remains the property of Pure N Fresh. The Customer shall under no circumstances either personally or through other person attempt to dismantle, repair, modify, undertake maintenance work or replace any filters or parts of the rented Appliance. The Customer is prohibited from relocating the installed Appliance without the prior written consent of Pure N Fresh. 
2. Customer shall not attempt to sublet, rent out, resell or transfer the Appliance to another person and any breach of this clause will entitle Pure N Fresh to terminate the Agreement and commence legal action against the Customer. 
3. Customer shall bear all risk in the situation where the Appliance is lost, stolen or destroyed in whole or in part from any reason whatsoever. 

1. Warranty and Maintenance

1. Pure N Fresh will provide maintenance services on the Appliance according to its schedule and policy during the rental period. The service may include cleaning, sanitization and/or replacement of filter. Pure N Fresh will endeavor to reschedule for any cancellation of maintenance service by the Customer if there is a request for rescheduling from the Customer. In any event, the Customer is fully responsible for any loss or damage arising from the cancellation and the non-service of the Appliance.
2. In the event that the Appliance has become defective or faulty during the warranty or rental period, Pure N Fresh will repair and replace the parts of the Appliance without any charge to the Customer.
3. The product warranty does not cover the case where damages or defects is attributable to or caused by the Customer’s misuse, mishandling or whatsoever, which Customer is liable for the costs of replacement parts and repair of the Appliance. Customer agrees that Pure N Fresh has the final decision in determining whether the defect or fault of the Appliance is caused by Customer’s misuse, mishandling or whatsoever.
4. All product warranty period shall end upon the occurrence of the transfer of ownership of the Appliance to the Customer according to clause 11 (a) namely the end of rental period, the termination of the Agreement according to the terms and conditions herein or there is payment overdue by Customer. 
5. Customer will allow Pure N Fresh entry into the premises where the Appliance is installed for maintenance service and the repossession of the Appliance if required. The Customer acknowledges that Pure N Fresh shall not be held responsible for any loss or a damage which occurs during the entry into the Customer’s premises.

1. Monthly Rental and Fees

1. Customer will be charged with anon-refundable processing fee upon the signing of the Sale Order Form.
2. Customer shall be charged with the monthly rental for the Appliance according to the details as specified in the Sale Order Form on monthly basis from the month following the Commencement Date until the month on which the Agreement expires or is terminated.
3. All chargeable, fees and Appliance model are stated in the Sale Order Form shall form part of this Agreement.
4. Pure N Fresh shall be entitled to increase the monthly rental in order to take into account any increase in the operating cost of Pure N Fresh in respect of the Appliance including but not limited to any increase in the cost of labor, material and transport.

1. Payment

1. All payment to be made herein by Customer to Pure N Fresh can be made by cash, cheque, deposit / online transfer to bank account, direct debit / auto-debit, or any other modes of payment approved by Pure N Fresh from time to time. Pure N Fresh has the absolute discretion to cease any of the authorized payment method and require the Customer to utilize other payment method prescribed by Pure N Fresh. 
2. At all times, Customer has the duty to inform Pure N Fresh about his or her made payment and produce a proof of transaction or official banking statement to Pure N Fresh for confirmation purpose, except in the case of payment via direct debit / auto-debit and point of sale. All invoice and billing will only be issued upon request by the Customer.
3. In the case of payment via direct debit / auto-debit, if there is insufficient fund in the Customer’s bank account, Pure N Fresh is entitled to charge the Customer’s bank account at later date and there may be more than one attempt to charge the Customer’s credit/debit card account and bank account to ensure that the monthly rental fee due to Pure N Fresh is paid in full.
4. Customer shall not hold Pure N Fresh liable for any claims, loss and damages arising from the successful or unsuccessful processing of the debit due to exceeding credit limit, malfunction of system, electricity failure and any other factors beyond the control of Pure N Fresh.
5. Customer must promptly inform Pure N Fresh of any changes to his or her credit / debit card and bank account details which may affect payment.
6. All payments made to Pure N Fresh are non-refundable.

1. Non-payment of Rental

1. If any payment of the rental has become overdue whether demanded or not, Pure N Fresh shall have the right to stop providing service to the Customer. Pure N Fresh shall be entitled to take all actions which are permissible by law against the Customer, including but not limited to, lodging a trade reference against the Customer with credit reporting agency, engaging collection agencies and commencing legal proceedings.
2. On the non-payment of rental, actions which will be taken by Pure N Fresh are: 

Months of arrears	Action
2	Remind Customer through SMS
3	Send Reminder Letter  Or Termination of service or agreement
4	Authorize collection agency to recover arrears
6	Repossess the Appliance  and/or Listing with a Credit Reporting Agency

1. Early Termination

1. If the Customer wishes to terminate before the expiry of the rental period, he shall be liable to pay early Termination Fee of RM 850 and The Appliance must be returned to Pure N Fresh immediately with Free Gift if gave previously.

1. Termination of Rental Agreement

1. In all circumstances, Pure N Fresh shall have the right to terminate the Agreement on the following reasons: 

1. Poor environmental circumstances (e.g. extreme pollution resulting in very poor air or water quality – as determined by our Service Team), where it’s difficult to manage and maintain the product, abnormal usage, transfers and/ or sublease of Appliance, unauthorized modification of Appliance;

1. Failure to pay monthly rental payments for more than three (3) months;

iii. Breach of any terms and condition under this Agreement.

1. In the event of termination, the monthly rental shall continue to accrue until the Appliance is returned to Pure N Fresh. The termination shall only be completed when the Appliance is being returned by the Customer to Pure N Fresh.

1. Damaged, Lost or Stolen Appliance 

1. If the Appliance suffered damages beyond repair as a result of unintended use, mishandling or any act that is attributable to the Customer or the Appliance is lost or stolen during the rental period, this Agreement shall be terminated immediately and the Customer is liable to pay a compensate fee based on the Appliances value (Outrights Value). All monthly rental paid shall not be refundable.

1. Cooling-off Period

1. This Agreement is subject to a cooling-off period of 10 working days, which within such period, the Customer may rescinds or withdraws this Agreement by written notice. Customer can waive his or her right to rescind the Agreement by giving a notice to Pure N Fresh before the expiry of the cooling-off period. 

1. Return Policy

1. 21 Days return of the Appliance if the Customer is unsatisfied with the Appliance. 
2. Pure N Fresh must receive the Returned Appliance at Head Office or Branches (Post or Courier is not acceptable) within 21 Days starting from date of the Sales Order Signed.
3. Any accessories/ parts originally included with the Appliance Rental Scheme must be included with the return and must be in good physical condition.

1. Ownership Transfer

1. Upon the expiration of the rental period and full payment of the total monthly rentals, the ownership of the Appliance will be transferred to Customer at no additional charge upon application for ownership by the Customer. Customer may choose to continue to obtain maintenance service, including filter change by signing a new service agreement with Pure N Fresh.

1. Others

1. All the rental or fee stated are not inclusive of Sales and Service Tax (SST) or tax of similar nature. The Customer shall bear the relevant SST at the prevailing rate, if any.
2. Pure N Fresh may sell or assign either absolutely or by way of security any or all of Pure N Fresh’s rights under this Agreement to any third party, and Customer agree that Customer shall do all things necessary to give effect to such sale or assignment and to be in continuance of this Agreement thereafter.
3. All information, particulars and description regarding the Appliance rented and the maintenance service provided to Customer are contained in the brochure, booklet or catalogue or explanatory note provided to Customer and it shall constitute a sufficient and detailed description of the product and service to the Customer for the purpose of this Agreement. 
4. All notices, demands or other communications required or permitted to be given or made under this Agreement shall be in writing and delivered personally or sent by prepaid registered post or by facsimile transmission or by electronic mail addressed to the intended recipient thereof at its or his address or the facsimile number or email address set out below (or to such other address as any party may from time to time notify the others).
5. Any consent, approval or waiver by Pure N Fresh must be in writing. 
6. In case of dispute, Pure N Fresh reserves the right to make the final decision.

 

I/We acknowledge that I/We have read and agree to be bound by the Terms and Conditions.

Customer’s Signature Name : NRIC No. : H/P No. :

Authorized Person’s Signature Name : NRIC No. : H/P No. :