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Thank you for visiting Lenovo Technology Sdn Bhd website [https://www.lenovo.com/my/en] ("Lenovo").
Please read the agreement(s) below carefully. Lenovo will accept your order only after you have accepted the terms of each such agreement.
If you agree with the terms of such agreement(s), please click in the check box just above
the "Order" button to indicate your acceptance. You may then complete the processing of your order by
selecting the "Order" button.
Thank you for your interest in Lenovo Technology Sdn Bhd ("Lenovo") Products and / or Services (as defined in the Section titled "Definitions" below). Please note that Lenovo reserves the right and discretion to refuse your order. Lenovo will accept your order only if (1) you accept the terms of this Lenovo Sales Agreement ("Agreement"); (2) you provide valid information as required by Lenovo for this transaction, including but not limited to your "ship to" address within Malaysia excluding the regions of Langkawi, Labuan, Tioman; and (3) the Product and/or Service is available.
All transactions pursuant to this Agreement will be exclusively governed by applicable
Malaysia law, including but not limited to the Sale of Goods Act 1957 ("SOGA") and
Consumer Protection Act 1999 ("CPA"), and subject to the terms and conditions of this
Agreement.
Products and Services purchased on Lenovo’s website, Lenovo.com are subject to the US Export Administration Regulations. They are for Customer’s own use within the territory in which they are purchased and may not be resold except by an Authorized Lenovo Reseller, exported or reexported to other territories. Lenovo reserves the right to refuse or cancel any order in which Lenovo suspects the Customer is purchasing Products or Services for the purpose of reselling or exporting them. By moving forward with this order, you confirm that you agree you will not resell, export or reexport all Products and Services in violation of this agreement.
You will be deemed to have placed an order in accordance with the terms of
this Agreement, and accepted the terms of this Agreement if:
A Product or Service becomes subject to this Agreement when Lenovo accepts your order
by either (1) shipping the hardware Product or making the software Product available to you, or (2)
providing the Service. Confirmation of Lenovo's receipt of your order does not constitute Lenovo's
acceptance of your order.
Where your order has been accepted by Lenovo, this Agreement,
including the associated warranty statements, license agreements, and its applicable attachments, will
represent the complete agreement between you and Lenovo regarding your purchase of Products or Services,
and replaces any prior oral or written communications between you and Lenovo. Any additional or
different terms in any order or written communications from you are void.
If there is a
Lenovo Customer Agreement or equivalent agreement in effect between us, then that agreement governs this
transaction rather than this Agreement.
If you acquired your Lenovo Product or Service
through a Lenovo reseller, the terms of this Agreement do not apply.
A "Product" is any Lenovo or third party
hardware or software which is provided to you by Lenovo under this Agreement. Hardware products include
computers and options or accessories. Software products include computer software programs (whether
pre-loaded or provided separately) and related licensed materials such as documentation.
A "Service" is the performance of a task, provision of advice, assistance, or
access to a resource (such as access to an information data base) made available to you by
Lenovo.
Unless credit terms have been expressly agreed by Lenovo, payment for the Products or Services shall be made in full before the physical delivery of Products or the provision of Services.
Lenovo will encrypt your card data to minimize the risk of unauthorized access. Lenovo will request pre-authorisation on your card to ensure that there are sufficient funds available to complete the transaction, once it receives your order. Lenovo will not confirm your order until this pre-authorisation check has been completed. Your card will be debited once we have confirmed your order. Cards are subject to validation checks and authorization by the card issuer. Lenovo will not be liable for any delay or non-delivery of Products due to any failure to receive the required pre-authorisation.
Lenovo shall have the discretion to withhold delivery of Products and/or provision of services until full payment has been processed.
Delivery costs will be charged in addition where applicable, such additional charges will be clearly displayed and included in the final total. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
By clicking the "Order" button, you confirm that the card belongs to you and you have sufficient funds or credit facilities to bear the cost of the Product.
While Lenovo makes best efforts to ensure that all details, descriptions and
prices which appear on this Site are accurate, there may be instances where errors may occur. If Lenovo
discovers an error in the price of any Products which you have ordered, Lenovo will inform you of this
as soon as possible and will give you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your
order before we have shipped it to you, and you have already paid for your order, you will receive a
full refund.
Lenovo is under no obligation to fulfill your order if the price listed on the Site is incorrect, regardless of whether Lenovo has acknowledged your order.
If you are paying by credit card and Lenovo has charged your credit but subsequently
canceled your order, Lenovo will promptly issue a credit to your credit account for the amount charged.
Any authorizations placed on your credit card can take up to 30 days to reverse, depending on the credit
card issuer. Please contact your financial institution for their specific timeframes in relation to the
reversal of such authorizations.
Lenovo will only accept credit cards with a billing
address within Malaysia.
Please note the following:
Configured-To-Order ("CTO"): Lenovo will not make refunds, accept returns and allow exchanges for all CTO products.
Fixed Configuration: You have up to 7 calendar days from the time you receive your item(s) to initiate a return/exchange. To initiate a return/exchange, please send a mail to mycs@lenovo.com.
Defective or Dead-on-arrival: For quality related returns (defined as Dead On Arrival, Missing, Wrong, Damaged, or Cosmetic ("MWDC") issues & 7 or more dead pixels), customers are allowed a full refund of their purchase price.
Non-Quality Issues: In the event you choose to return your product or do an exchange due to non-quality related reasons, Lenovo will consider your request but will have the absolute discretion to decide whether to allow the same. All returned items should have the original packaging intact and products unused. Lenovo's decision will be final & no appeals will be entertained. In the event Lenovo decides to allow the return/exchange of your product upon satisfactory inspection of the returned unit, Lenovo reserves the right to charge you a 25% fee for any opened unit (per unit) and a 15% fee closed box returns (per unit).
Software and Peripherals: Software and peripheral Products which are purchased as part of a packaged Product offering (i.e. Lenovo personal computer and/or tablet Products) ("Packaged Product") can only be returned for the purposes of an exchange or refund in its packaged entirety, along with the relevant invoice, and Lenovo will not allow an exchange or refund of individual items where were purchased as part of a Packaged Product.
A software and/or peripheral Product which was not purchased as a Packaged Product ("Individual Product") can only be exchanged for a Product with the same specifications, if a defect in the Product is proven. Lenovo does not provide refunds or credits for any Individual Products with proven defects, and in such a situation, Lenovo will instead conduct a one-to-one exchange for your defective Individual Product.
Where it is impractical to effect a one-to-one exchange for any Individual Product or a part of a Packaged Product, Lenovo reserves the right to replace the defective Product with a Product which is of similar or equal value.
Lenovo hardware Products are covered under the specific warranty accompanying each Lenovo
hardware Product (the "Lenovo Limited Warranty").
UNLESS OTHERWISE AGREED,
ALL SOFTWARE, SERVICE, SUPPORT ARE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, PROVIDED ON AN 'AS IS'
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. ALL THIRD PARTY PRODUCTS AND SERVICES ARE AND WILL
NOT BE COVERED UNDER THE LENOVO LIMITED WARRANTY, OR ANY OTHER WARRANTY GIVEN BY LENOVO.
All Product images as seen on the Site may be slightly different from the actual Product you receive.
However, Lenovo may, where specified and provided for in the applicable software license agreement, provide warranty for Lenovo software. Third party manufacturers, suppliers, service providers or publishers may provide their own warranties to you.
Where payment is made in full prior to the physical delivery of the hardware Products, Lenovo will transfer the title to a hardware Product to you when Lenovo ships the hardware Product from Lenovo's warehouse.
However, where credit terms are agreed, and the product is shipped before full payment is received, Lenovo reserves a right of disposal of the hardware Product until Lenovo receives all outstanding amounts due.
For the avoidance of doubt, Lenovo does not transfer title to software Products.
Lenovo bears the risk of loss for the hardware Product until it is delivered to the location you
specified in the order. Thereafter, you assume the risk.
The Product(s) shall be deemed to have been delivered to you when either you or your designated receiver of the Product(s) has signed for receipt of the Product (or in circumstances where either you or your designated receiver is unable to sign for receipt, Lenovo may agree to your signed receipt pursuant to an enterprise chop or other legally authorized chop).
(a) Neither you nor Lenovo, including Lenovo's subcontractors, suppliers or software Product
developers is liable for any of the following even if informed of their possibility or not and whether
arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2)
loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic
consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated
savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above exclusion or limitation may not apply to you.
(b)
Circumstances may arise where, because of a default on Lenovo's part or other liability, you are
entitled to recover damages from Lenovo. In each such instance, regardless of the basis on which you are
entitled to claim damages from Lenovo (including fundamental breach, negligence, misrepresentation, or
other contract or tort claim), except as expressly required by law without possibility of contractual
waiver or limitation, Lenovo is liable for no more than: 1) damages for bodily injury (including death)
and damage to real property and tangible personal property; and 2) the amount of any other actual direct
damages, up to the amount you paid for the Product or Service that is the subject of the claim. This
limit also applies to any of Lenovo’s subcontractors, suppliers and program developers, and is the
maximum amount for which Lenovo and its subcontractors, suppliers and program developers are
collectively responsible.
(c) Subject to paragraphs 7(a) and 7(b), if a third party claims that a Product provided by Lenovo under this Agreement infringes that third party's copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on Lenovo's written request. Lenovo will then grant you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon: 1) anything you provide which is incorporated into, or combined with a Product; 2) your modification of a Product; or 3) in relation to a CTO Product, Lenovo's compliance with your specifications or requirements.
All content included in or made available through the Site, such as logos, graphics, button icons, digital downloads, audio clips, images, campaign titles and data compilations is the property of Lenovo or its content suppliers and is protected by copyright laws.
You may display, store and print the content supplied only for your own personal use. You are not permitted to distribute, publish, manipulate or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
If you print, copy, download or otherwise use any part of this Site in breach of these Terms and Conditions, your right to use the Site will immediately cease and you must, at Lenovo's option, return or destroy any copies of the materials you have made. You shall not reverse engineer, decompile, disassemble, modify, translate or create derivative works of the Site.
Logos, graphics, button icons, page headers, scripts, and service names included in or made available through the Site are trademarks of Lenovo in Malaysia and other countries. Lenovo's trademarks must not be used in connection with any product or service that is not provided by Lenovo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lenovo. All trademarks not owned by Lenovo that appear on the Site are the property of their respective owners.
You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from Lenovo or its licensors. In the event Lenovo becomes aware of any infringement of its intellectual property rights, it reserves the right to take legal action against you.
Lenovo shall not be liable to you for any breach, hindrance or delay in the performance of its obligations attributable to any cause beyond its reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action;
(b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(d) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(collectively, "Force Majeure Event")
In the circumstance that the
Force Majeure Event lasts for more than one month, either you or Lenovo may terminate this Agreement
forthwith by written notice and without any liability other than a refund of a Product already paid for
by you and not delivered.
Except as explicitly stated otherwise, any notices to Lenovo shall be given by certified mail, postage prepaid and return receipt requested to:
Lenovo Technology Sdn Bhd
Level 3, Tower A&B, Uptown 5, 5, Jalan SS 21/39 Damansara Uptown
47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia
Additionally, any notices to you shall be provided to you through the Site or given to you via the email address you provide to Lenovo. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Lenovo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Lenovo. In such case, notice shall be deemed given 3 days after the date of mailing.
(f) No waiver by Lenovo of any default of yours under these terms of use shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under these terms of use.
(g) If any provision or part-provision of these terms of use is or becomes invalid, illegal
or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal
and enforceable. If such modification is not possible, the relevant provision or part-provision shall be
deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall
not affect the validity and enforceability of the rest of these terms of use.
(h) You may not
assign or delegate or otherwise deal with all or any of your rights or obligations under these terms of
use. We shall have the right to assign or otherwise delegate all or any of our rights or obligations
under these terms of use to any person.
(i) Lenovo reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.