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Terms and conditions

Thank you for visiting Lenovo Technology Sdn Bhd website


[https://www3.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.

Sales Agreement:

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.

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:

1. when ordering a Product online, you click on the relevant buttons indicating
your acceptance of the terms of this Agreement, and complete your
transaction;

1. when ordering by any other means, you open the package containing the
Product; or

1. When ordering Services subject to this Agreement, you accept the terms of
this Agreement when ordering the Service and according to the acceptance
procedures in the applicable Services attachment.
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.

1. Definitions

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.

2. Orders, Price and Payment

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:

1. Lenovo does not ship to Post Office ("PO") boxes.


2. Lenovo will only accept credit cards with a minimum validity period of 3
months.
3. If you have any questions regarding your order, please call 1800 - 88 - 7148
for assistance.
4. A pre-authorization of fee of RM1 will be charged to your credit card before
Lenovo authorizes the deduction of the full amount. This is for validation
purposes only, and will be released back to your account upon completion of
the validation. Please note that different products have different lead times.
As such, you may expect multiple deliveries, which will not result in
additional shipping charges being incurred by you.
5. For the avoidance of doubt, the estimated date of delivery is just a reference,
and is not a promised date. The actual date of delivery may change due to
the supply status of the Product or Service.

3. Return/Exchange Policy

Configured-To-Order ("CTO"): Lenovo will not make refunds, accept returns


and allow exchanges for all CTO products.

Fixed Configuration: You have up to 10 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.

4. Lenovo Warranties:

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.

5. Title and Risk of Loss

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.

6. Delivery

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).

7. Liability

(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 patent or
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.

8. Intellectual Property

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.

9. Force Majeure

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.

10. Notices

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.

11. General

(a) Lenovo may change components or parts of a hardware Product without notice,
due to the availability of such components or parts or Lenovo's policy of on-going
product up-date and modification, provided that the components or parts provide
equal or better performance. Such changes will be at no additional cost to you, and
will not affect the hardware Product Lenovo Limited Warranty. You accept that
Lenovo's policy may result in differences between the specification of Products
delivered to you and the specification of Products ordered.

(b) The Products and/or Services provided to you pursuant to this Agreement must
not be resold at a discount, in competition with Lenovo's resellers. If you resell
Products and/or Services provided to you by Lenovo, at a discount in competition
with Lenovo's resellers, Lenovo may terminate this Agreement without notice,
where legally permitted to do so.
(c) Both you and Lenovo agree that under this Agreement, all information
exchanged is of a non-confidential nature. If either you or Lenovo requires the
exchange of confidential information, it will be made under a signed
confidentiality agreement.

(d) You consent to the processing, storage and use of information about your
transaction and your contact information, including, but not limited to, names,
phone numbers, address, and e-mail addresses, by Lenovo and Lenovo's related
companies to process and fulfill your transaction ("Personal Information").
Lenovo may also contact you to notify you about any Product recall, safety issue or
service actions. Where permissible under local law, Lenovo may use this
information to inquire about your satisfaction with Lenovo's Products or Services
or provide you with information about other Products and Services. You may
however, at any time decline to receive any further such communications from
Lenovo. Note that it will be necessary for Lenovo to process your Personal
Information, without which Lenovo will not be able to fulfill your order or fulfill
the purposes described. You agree that in accomplishing these purposes, Lenovo
may 1) transfer your information to any country where we do business; 2) provide
your information to entities acting on Lenovo's behalf; or 3) disclose it where
required by law. If your Personal Data (as defined in the Personal Data Protection
Act 2010 ("PDPA") is transferred to a country or territory outside Malaysia,
Lenovo will ensure that the recipients thereof provide a standard of protection to
your Personal Data so transferred that is comparable to that which is provided
under Malaysia’s PDPA. Lenovo will not, however, sell or otherwise transfer the
personally identifiable information you provide to any third parties for their own
direct marketing use unless Lenovo provides clear notice to you and obtain your
explicit consent for your Personal Data to be shared in this manner. You may make
inquiries or complaints, access or correct your Personal Information or limit the
processing of your Personal Information by contacting the Data Privacy Officer via
telephone at 1800 - 88 - 7148 or via e-mail at mycs@lenovo.com.

(e) Nothing in this Agreement affects any statutory rights of consumers that cannot
be waived or limited by contract.
(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.

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