EQUIPMENT RENTAL AGREEMENT

ORDER NUMBER:
EQUIPMENT: WATER PURIFIER-KING TOP (72 MONTHS CONTRACT)
• 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
1. Agreement Establishment or relating to this Agreement or the transaction it contemplates (wither for breach of contract, tort, negligence, or other form of
The Agreement shall commence on the date of the Equipment is delivered to the Customer, (“Effective Date”) and shall continue action) and irrespective of whether Cuckoo has been advised of the possibility of any such damage.
thereafter for the months set forth in clause 4. • In no event will Cuckoo’s liability exceed the price the Customer paid to Cuckoo for the Equipment provided giving rise to the
2. Term claim or cause of action.
The Agreement shall be valid and enforceable for a period of 72 MONTHS commencing from the Effective Date (“Obligatory 15.Assignment
Period”) and thereafter on a month to month basis until terminated by either party. Cuckoo may assign this Agreement or any part of it to any other third party and the Customer shall do all things necessary to give
3. Monthly Rental effect to such sale or assignment and to be in continuance of this Agreement thereafter.
The Customer shall pay the monthly rental in the following sum to Cuckoo as follows:- 16.Data Protection
1-72 - - - - - • The Customer agrees to provide Cuckoo with all personal data relating to the Customer (“Personal Data”) which is requested
Months thereon for the performance of this Agreement. The Personal Data provided will be used and processed in accordance with
RM66.04 - - - - - Cuckoo’s data privacy policy as outlined in https://www.cuckoo.com.my/pdpa-consent/;
4. Processing Fee (if applicable) • Cuckoo warrants that:
A non-refundable processing fee will be charged and shall not without prior consent in writing of Cuckoo be treated as payment (a) it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and
of rent. other similar instruments;
5. Delivery and Installation (b) it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal
• The transfer of the physical possession of the Equipment to Customer shall be made by Cuckoo at Cuckoo’s sole costs and expenses. data and against the accidental loss or destruction of, or damage to, personal data to ensure Cuckoo’s compliance with
Installation of the Equipment will be undertaken by Cuckoo at no additional charge. The risk of loss of the Equipment will pass Personal Data Protection Act 2010 (PDPA 2010); and
to the Customer upon such delivery. (c) Cuckoo shall notify the Customer immediately if it becomes aware of any unauthorised or unlawful processing, loss of,
• Any stated delivery dates are approximate. Cuckoo shall not be liable for any losses, damages, penalties or expenses for failures damage to or destruction of the Personal Data.
to meet any delivery date. 17.Notice
6. Use Any notice to be given hereunder to the Customer or Cuckoo shall be in writing and may be delivered by hand or sent by prepaid
• The Customer undertakes to keep the Equipment in a proper, functional and operationally safe state by following Cuckoo’s registered post or by facsimile to the number and/or address as stated in this Agreement or to such other number and/or address as
operating and maintenance against overload. one party may notify in writing to the other party and shall be deemed to duly served:
• The Customer will use the Equipment for the purpose for which it is designed and not for any other purpose. • If it is delivered, at the time of delivery and duly acknowledged;
• The Customer shall not perform or caused to be performed any permanent and/or irreparable modifications to the Equipment, • If it is sent by prepaid registered post, three (3) days after posting thereof; or
particularly attachments and internals, nor to remove the labels on the Equipment without prior written consent from Cuckoo. • If it is sent by facsimile immediately after transmission thereof to the correct facsimile number as confirmed by a transmission
• The Customer assumes all obligations and liabilities from the use, condition, storage and possession of the Equipment during the report received by the sender.
Term of this Agreement except as otherwise set forth herein. 18.Governing Law and Dispute Resolution
7. Service of the Equipment: Warranty / Maintenance and Repairs • This Agreement shall be governed, constructed and enforced in accordance with the laws of Malaysia.
• The warranty period for the Equipment purchased from Cuckoo is determined at the time this Agreement is entered into, normally • If any dispute or difference shall arise between the parties to this Agreement from or in connection with this Agreement or its
at the point of purchase (“Warranty Period”). performance, construction or interpretation, the parties shall endeavour to resolve it by agreement through negotiations conducted
• Any maintenance and/or repairs, including installation of spare parts require for proper functioning of the Equipment shall be in good faith.
exclusively performed by Cuckoo during the term of the Agreement, modifying of product without approval by Cuckoo. • If the dispute or difference has not been resolved within thirty (30) days or such extended period as the parties may agree, the
• The warranty covers any defects in material or workmanship under normal use during the Warranty Period. For air purifier and dispute or difference shall be referred to courts in Malaysia having jurisdiction on the dispute.
water purifier, the scheduled maintenance shall be conducted every four (4) months each from the Effective Date and the cost of 19.Miscellaneous
repairs due to breakdown or malfunction, manufacturing defects or normal wear and tear are fully borne by Cuckoo during the • Time whenever mentioned shall be of the essence of this Agreement.
Warranty Period. • This Agreement shall inure to the benefit, and be binding upon each of the parties herein, its respective successors-in-title and
• However, the warranty will void if (i) the Equipment has been tampered with, modified, abused, neglected, or improperly used; permitted assigns.
and/or (ii) the Equipment has been damaged for reasons beyond Cuckoo’s control, such as electrical power fluctuations or failures, • This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and
and natural disasters. Cuckoo is also not responsible for the use of the Equipment in combination with other goods not provided supersedes all prior discussions between the Parties. In the event of any dispute(s) and/or discrepancy arising between the Parties,
or authorised by Cuckoo. Any costs of damage to the Equipment caused by the Customer’s fault, inter alia, improper treatment, the contents of this Agreement shall prevail. Except as otherwise specifically set forth herein, this Agreement shall not be amended
above intended usage and/or misuse shall be borne by the Customer. except in a writing signed by both parties.
8. Risk, Title and Limitation of Liability • Any term in any document furnished by Cuckoo which is in any way inconsistent with or in addition to the terms contained herein
• The Customer assumes all risks and liability of loss, theft or destruction of and damage to the Equipment on delivery and during is expressly rejected. This Agreement may not be modified except in writing and signed by both parties. If any provision of this
the Term which the Equipment is in the possession, custody or control of the Customer until such time as the Equipment is Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its
redelivered to Cuckoo. terms.
• In the event that damage has occurred to or in conjunction with the Equipment, the Customer undertakes to notify Cuckoo soonest • This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together,
possible by indicating the point of time and the cause of such occurrence to the extent possible, and the extent of damage. shall constitute one and the same agreement.
• Should the Equipment lost while in the possession of the Customer, the Customer is liable to pay the following:- • Electronic signature should be given the same legal force as a handwritten signature and will constitute an original for all purposes.
Total Loss Fee = (Full Contract Price) – (Total Paid Rental) • Nothing in this Agreement constitutes a relationship of principal and agent or partnership between Cuckoo and the Customer or
any of its affiliates, employees, agents or subcontractors.
• If the Equipment is severely damaged and/or non-operational to the extent of beyond repair, the Customer is to be solely liable
• Each party shall bear its respective legal fees, costs and other incidental expenses incurred in the preparation and execution of this
and bear the Total Loss Fee as specified above.
Agreement.
• 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 [End of clauses]
Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of this Agreement).
9.Ownership Transfer
• Upon full and prompt rental payment for the entire term of the Agreement, the ownership of the Equipment will be transferred
to Customer at no additional charge upon application by Customer. The Customer may choose among the following:-
(a) Customer may enter into a new agreement for a new lease of another Equipment (“New Equipment”) provided that the
New Equipment is a new model within the same product category as the Equipment. In this case, the Customer shall pay
the new rental fee accordingly; or
THIS CONTRACT IS SUBJECT
(b) Customer may continue to subscribe to Cuckoo’s maintenance service, inter alia, filters changing by entering into a new
service agreement with Cuckoo for the Equipment.
10.Warranties and Representations
TO A COOLING-OFF PERIOD OF
Cuckoo represents and warrants that:
(a)
(b)
Cuckoo shall not interfere with the Customer’s quiet possession of the Equipment;
Cuckoo is the legal and beneficial owner of the Equipment and also the owner of the intellectual property rights embodies
in the Equipment;
TEN (10) WORKING DAYS
(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
I wish to opt-out from the 10 days cooling off period for faster process of the application. No
purpose held out by Cuckoo; cancelation is allowed.
(e) 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
(f) Cuckoo shall obtain and keep all current and updated licenses and permits that may be required in the leasing of the
Equipment to the Customer. IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
11.Credit Check
• The Customer authorises Cuckoo and/or its agents and/or representatives to make inquiries necessary to verify the information
provided to Cuckoo by the Customer.
• 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
after the cessation of relationship between Cuckoo and the Customer, including when there is any default/outstanding amount due
to Cuckoo from the Customer.
12.Termination
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:
(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; SIGNED by the COMPANY
(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. For and on behalf of CUCKOO INTERNATIONAL (MAL) SDN BHD
• Upon termination of this Agreement, however caused, Cuckoo’s consent to the Customer’s possession of the Equipment shall (Company No. 1102894-H)
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
Name :
shall pay to Cuckoo on demand within fourteen (14) days all rentals and other 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 Designation :
means, that is CTOS, collection agencies and legal proceedings.
The Customer:
• The Customer may at any time terminate this Agreement on giving Cuckoo a written termination notice 14 days in advance.
• Upon receipt of the termination notice, Cuckoo shall retake possession of the Equipment and for this purpose may enter any
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
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
means, that is CTOS, collection agencies and legal proceedings.
13.Force Majeure
Neither party shall be liable to the other in any way whatsoever for any acts of God, war, riot, strike, terrorism, lockout, industrial
action, failure or power, fire, flood, drought, storm, unavailability of materials and goods used in the Equipment or any event
beyond the reasonable control of either party. Subject to the party so affected promptly notifying the other party in writing of the _______________________________________________________________________________________
reasons for the delay (and the likely duration of the delay) the performance of such party’s obligations shall be suspended until
such time as the cause giving rise to such suspension shall no longer prevail. SIGNED by the CUSTOMER
14. Indemnity
• The Customer shall indemnify and hold harmless Cuckoo and its directors, shareholders, officers, employees, agents, affiliates,
Name :
successors and assigns thereof, from and against all allegations, claims, demands, losses, damages, liabilities, actions and cause of NRIC No :
action of any nature, including but not limited to personal injury, wrongful death and property damage arising out from or in Date :
connection to the condition, possession, use and/or operation of the Product unless such act is attributable to willful intent or gross
negligence on the part of the Seller.