VER. 2020.01.

01

EQUIPMENT RENTAL AGREEMENT

ORDER NUMBER:
EQUIPMENT: WATER PURIFIER–KING TOP (72 MONTHS CONTRACT)
1. Agreement Establishment 13.Force Majeure
The Agreement shall commence on the date of the Equipment is delivered to the Customer, (“Effective Date”) and shall continue Neither party shall be liable to the other in any way whatsoever for any acts of God, war, riot, strike, terrorism, lockout, industrial
thereafter for the months set forth in clause 2. action, failure or power, fire, flood, drought, storm, unavailability of materials and goods used in the Equipment or any event
2. Term beyond the reasonable control of either party. Subject to the party so affected promptly notifying the other party in writing of the
The Agreement shall be valid and enforceable for a minimum period SEVENTY-TWO (72) MONTHS commencing from the reasons for the delay (and the likely duration of the delay) the performance of such party’s obligations shall be suspended until
Effective Date (“Obligatory Period”) and thereafter on a month to month basis until terminated by either party. This Agreement such time as the cause giving rise to such suspension shall no longer prevail.
shall automatically cease after a period of seventy-two (72) months, save for the clause 9 which shall survive expiry of this 14. Indemnity
Agreement. • The Customer shall indemnify and hold harmless Cuckoo and its directors, shareholders, officers, employees, agents, affiliates,
3. Monthly Rental successors and assigns thereof, from and against all allegations, claims, demands, losses, damages, liabilities, actions and cause of
The Customer shall pay the monthly rental in the following sum to Cuckoo as follows: - • action of any nature, including but not limited to personal injury, wrongful death and property damage arising out from or in
1-72 - - - - connection to the condition, possession, use and/or operation of the Product unless such act is attributable to willful intent or gross
Months negligence on the part of the Cuckoo.
RM69.00 - - - - • Cuckoo will, in no event, be liable for any loss or damage (including without limitation, loss of income, profits or goodwill, direct
or indirect, consequential, exemplary, punitive, special or incidental damages of any party including third parties) arising out of
4. Processing Fee (if applicable)
or relating to this Agreement or the transaction it contemplates (whether for breach of contract, tort, negligence, or other form of
A non-refundable processing fee will be charged and shall not without prior consent in writing of Cuckoo be treated as payment
action) and irrespective of whether Cuckoo has been advised of the possibility of any such damage.
of rent.
5. Delivery and Installation • In no event will Cuckoo’s liability exceed the price the Customer paid to Cuckoo for the Equipment provided giving rise to the
claim or cause of action.
• The transfer of the physical possession of the Equipment to Customer shall be made by Cuckoo at Cuckoo’s sole costs and expenses.
15.Assignment
Installation of the Equipment will be undertaken by Cuckoo at no additional charge. The risk of loss of the Equipment shall pass
Neither party shall assign this Agreement or any part of it to any other third party, without the prior written consent of the other.
to the Customer upon such delivery.
16.Data Protection
• Any stated delivery dates are approximate until and unless fixed by both Cuckoo and Customer. Cuckoo shall not be liable for any
• The Customer agrees to provide Cuckoo with all personal data relating to the Customer (“Personal Data”) which is requested
losses, damages, penalties or expenses for failures to meet any delivery date.
thereon for the performance of this Agreement. The Personal Data provided will be used and processed in accordance with
6. Use
Cuckoo’s data privacy policy as outlined in https://www.cuckoo.com.my/pdpa-consent/;
• The Customer undertakes to keep the Equipment in a proper, functional and operationally safe state by following Cuckoo’s
• Cuckoo warrants that:
operating manuals and maintenance guidelines.
(a) it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and
• The Customer shall only use the Equipment for the purpose for which it is designed and not for any other purpose.
other similar instruments;
• The Customer shall not perform or caused to be performed any permanent and/or irreparable modifications to the Equipment, (b) it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal
particularly attachments and internals, nor to remove the labels on the Equipment without prior written consent from Cuckoo. data and against the accidental loss or destruction of, or damage to, Personal Data to ensure Cuckoo’s compliance with
• The Customer assumes all obligations and liabilities from the use, condition, storage and possession of the Equipment during the Personal Data Protection Act 2010 (PDPA 2010); and
Term of this Agreement except as otherwise set forth herein. (c) Cuckoo shall notify the Customer immediately if it becomes aware of any unauthorised or unlawful processing, loss of,
7. Service of the Equipment: Warranty / Maintenance and Repairs damage to or destruction of the Personal Data.
• The warranty period for the Equipment leased from Cuckoo is determined at the time this Agreement is entered i.e. at the point of 17.Notice
purchase (“Warranty Period of 72 Months”). Any notice to be given hereunder to Cuckoo shall be in writing and may be delivered by hand or sent by prepaid registered post
• Any maintenance and/or repairs, including installation of spare parts require for proper functioning of the Equipment shall be or by facsimile to the number and/or address as stated in this Agreement or to such other number and/or address as one party may
exclusively performed by Cuckoo during the term of the Agreement. Any modifying of product shall be strictly prohibited and notify in writing to the other party and shall be deemed to duly served:
not to be conducted without approval by Cuckoo. To Cuckoo: Cuckoo International (MAL) Sdn Bhd
• The warranty covers any defects in material or workmanship under normal use during the Warranty Period. For air purifier and 16th Floor, Menara Bangkok Bank, Laman Sentral Berjaya, No.105, Jalan Ampang, 50450 Kuala Lumpur
water purifier, the scheduled maintenance shall be conducted every four (4) months each from the Effective Date and the cost of Fax No: 03-9078-28238
repairs due to breakdown or malfunction, manufacturing defects or normal wear and tear are fully borne by Cuckoo during the • If it is delivered by hand, at the time of delivery and duly acknowledged;
Warranty Period. • If it is sent by prepaid registered post, three (3) days after posting thereof; or
• However, the warranty will void if (i) the Equipment has been tampered with, modified, abused, neglected, or improperly used; • If it is sent by facsimile immediately after transmission thereof to the correct facsimile number as confirmed by a transmission
and/or (ii) the Equipment has been damaged for reasons beyond Cuckoo’s control, such as electrical power fluctuations or failures, report received by the sender.
and natural disasters. Cuckoo is also not responsible for the use of the Equipment in combination with other goods not provided 18.Governing Law and Dispute Resolution
or authorised by Cuckoo. Any costs of damage to the Equipment caused by the Customer’s fault, inter alia, improper treatment, • This Agreement shall be governed, constructed and enforced in accordance with the laws of Malaysia and the law courts of
above intended usage and/or misuse shall be borne by the Customer. Malaysia.
8. Risk, Title and Limitation of Liability • If any dispute or difference shall arise between the parties to this Agreement from or in connection with this Agreement or its
• The Customer assumes all risks and liability of loss, theft or destruction of and damage to the Equipment on delivery and during performance, construction or interpretation, the parties shall endeavour to resolve it by agreement through negotiations conducted
the Term which the Equipment is in the possession, custody or control of the Customer until such time as the Equipment is in good faith.
redelivered to Cuckoo. • If the dispute or difference has not been resolved within thirty (30) days or such extended period as the parties may agree, the
• In the event that damage has occurred to or in conjunction with the Equipment, the Customer undertakes to notify Cuckoo soonest dispute or difference shall be referred to courts in Malaysia having jurisdiction on the dispute.
possible by indicating the point of time and the cause of such occurrence to the extent possible, and the extent of damage. 19.Miscellaneous
• Should the Equipment lost while in the possession of the Customer, the Customer is liable to pay the following: - • Time whenever mentioned shall be of the essence of this Agreement.
Total Loss Fee = (Full Contract Price) – (Total Paid Rental) • This Agreement shall inure to the benefit, and be binding upon each of the parties herein, its respective successors-in-title and
• If the Equipment is severely damaged and/or non-operational to the extent of beyond repair, the Customer is to be solely liable permitted assigns.
and bear the Total Loss Fee as specified above. • This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and
• The Equipment shall at all times remain the property of Cuckoo, and the Customer shall have no right, title or interest in or to the supersedes all prior discussions between the Parties. In the event of any dispute(s) and/or discrepancy arising between the Parties,
Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of this Agreement). the contents of this Agreement shall prevail. Except as otherwise specifically set forth herein, this Agreement shall not be amended
9.Ownership Transfer except in a writing signed by both parties.
• Upon full and prompt rental payment for the entire term of the Agreement, the ownership of the Equipment will be transferred • Any term in any document furnished by Cuckoo which is in any way inconsistent with or in addition to the terms contained herein
to Customer at no additional charge upon application by Customer. The Customer may choose among the following: - is expressly rejected. This Agreement may not be modified except in writing and signed by both parties. If any provision of this
(a) Customer may enter into a new agreement for a new lease of another Equipment (“New Equipment”) provided that the Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its
New Equipment is a new model within the same product category as the Equipment. In this case, the Customer shall pay terms.
the new rental fee accordingly; or • This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together,
(b) Customer may continue to subscribe to Cuckoo’s maintenance service, inter alia, filters changing by entering into a new shall constitute one and the same agreement.
service agreement with Cuckoo for the Equipment. • Electronic signature should be given the same legal force as a handwritten signature and will constitute an original for all purposes.
10.Warranties and Representations • Nothing in this Agreement constitutes a relationship of principal and agent or partnership between Cuckoo and the Customer or
Cuckoo represents and warrants that: any of its affiliates, employees, agents or subcontractors.
(a) Cuckoo shall not interfere with the Customer’s quiet possession of the Equipment; • Each party shall bear its respective legal fees, costs and other incidental expenses incurred in the preparation and execution of this
(b) Cuckoo is the legal and beneficial owner of the Equipment and also the owner of the intellectual property rights embodies Agreement.
in the Equipment; [End of clauses]
(c) Cuckoo has the right, power to enter into and perform its obligations under this Agreement;
(d) The Equipment shall substantially conform to its specifications set out therein, be of satisfactory quality and fit for any
purpose held out by Cuckoo;
(e)

(f)
All services will be provided by qualified personnel, in a timely, reliable, professional and workmanlike manner that will
not cause harm or injure to the reputation of Cuckoo and in accordance with applicable law; and
Cuckoo shall obtain and keep all current and updated licenses and permits that may be required in the leasing of the
THIS CONTRACT IS SUBJECT
Equipment to the Customer.
11.Credit Check
• The Customer authorises Cuckoo and/or its agents and/or representatives to make necessary inspection and/or inquiries to verify
the information provided to Cuckoo by the Customer from time to time
TO A COOLING-OFF PERIOD OF
• The Customer consents to Cuckoo disclosing relevant personal data and/or credit information of the Customer to any credit
reporting agency and authorises Cuckoo to receive the Customer’s credit report from the credit reporting agency. The Customer
agrees that such disclosure of information and obtaining of credit reports can be performed by Cuckoo at any time during and/or
TEN (10) WORKING DAYS
after the cessation of relationship between Cuckoo and the Customer, including when there is any default/outstanding amount due
to Cuckoo from the Customer. I wish to opt-out from the 10 days cooling off period for faster process of the application. No
12.Termination cancelation is allowed.
Cuckoo:
• Cuckoo may at any time at its sole discretion terminate the Agreement and forthwith recover the possession of the Equipment
upon occurrence of any of the following: IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
(a) The card account is canceled or terminated by the Customer or the Bank for whatever reason;
(b) The Customer has defaulted in any of his/her obligations stated in the Agreement;
(c) The Customer has defaulted in the payment of any amount due under the Agreement;
(d) In the event of a death or bankruptcy petition is presented against the Customer, or the Customer is unable to pay their
debts as they fall due.
• Upon termination of this Agreement, however caused, Cuckoo’s consent to the Customer’s possession of the Equipment shall
terminate and Cuckoo may, by its representative(s), with prior written notice and at Cuckoo’s sole cost and expense, retake ________________________________________________________________________________________
possession of the Equipment and for this purpose may enter any premises at which the Equipment is located, and the Customer SIGNED by the COMPANY
shall pay to Cuckoo on demand within fourteen (14) days all rentals and other sums due but unpaid at the date of such demand.
Cuckoo is entitled to take necessary measures to recover the outstanding rental amount, including but not limited to third party For and on behalf of CUCKOO INTERNATIONAL (MAL) SDN BHD
means, that is CTOS, collection agencies and legal proceedings.
The Customer:
(Company No. 1102894-H)
• Cuckoo may at any time at its sole discretion terminate the Agreement and forthwith recover the possession of the Equipment Name :
upon occurrence of any of the following: NRIC No :
(e) The card account is canceled or terminated by the Customer or the Bank for whatever reason;
(f) The Customer has defaulted in any of his/her obligations stated in the Agreement; Designation :
(g) The Customer has defaulted in the payment of any amount due under the Agreement;
(h) In the event of a death or bankruptcy petition is presented against the Customer, or the Customer is unable to pay their
debts as they fall due.
• The Customer may only terminate this Agreement by giving written termination notice of thirty (30) days’, subjected to the
condition that product termination fee is being cleared and settled by Customer. For avoidance of doubt, product termination fee
means the remaining obligation Period multiply with Equipment Monthly Rental equals to the total amount of the product
termination fee _______________________________________________________________________________________
• Upon receipt of the termination notice, Cuckoo shall retake possession of the Equipment and for this purpose may enter any SIGNED by the CUSTOMER
premises at which the Equipment is located. Following which, all monthly rental within the Obligatory Period shall become
immediately due and the Customer shall pay to Cuckoo on demand within fourteen (14) days all outstanding rentals and other Name :
sums due but unpaid at the date of such demand. NRIC No :
• Cuckoo is entitled to take necessary measures to recover the outstanding rental amount, including but not limited to third party
means, that is CTOS, collection agencies and legal proceedings. Date :