MALAYSIA STORE
hp.com Malaysia
terms & conditions
November 2002
 
hp Online Store
 
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
 
Use of Site. Hewlett-Packard Company ("hp") authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. You may not link this web site to any other web site or document for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
 
Disclaimers
 
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. HP's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. HP further does not warrant the accuracy and completeness of the materials, software or services at this Site. HP may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and HP makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local HP business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
 
Limitation of Liability
 
IN NO EVENT WILL HP, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
 
Use of Software
 
Any software that is made available to download from this Site is the copyrighted work of HP and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
 
User Submissions. Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). hp will have no obligations with respect to the Communications. hp and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
 
User Chat Rooms. hp may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. hp however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. hp retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
 
Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. hp has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, hp does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
 
Trademarks
 
HP and the names of HP products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of HP and/or its subsidiaries.
 
Microsoft, Windows, Windows NT, SQL Server, Office and BackOffice are either trademarks or registered trademarks of Microsoft Corporation.
 
Intel, the Intel Inside logo, and Pentium are registered trademarks of the Intel Corporation or its subsidiaries in the United States and other countries.
 
The BlackBerry family of related marks, images and symbols are the exclusive properties of, and trademarks of, Research In Motion Limited, used by permission. "Always On, Always Connected" and the "envelope in motion" symbol are registered trademarks of Research In Motion, used by permission.
 
Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
 
Applicable Laws. hp makes no representation that materials or services at this Site are appropriate or available for use outside Malaysia, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. and Malaysia export laws and regulations. If you choose to access this Site from outside of Malaysia, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of laws.
 
General. hp may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
 
1. Application of terms and conditions of sale
 
The following terms and conditions shall govern the sale by the hp entity named on the invoice ("hp" or "Seller") that will be provided to Customer for computer systems and/or related products sold by hp ("Products"), unless (a) Customer has signed a separate formal purchase agreement with hp, in which case the terms and conditions of the separate agreement shall govern or (b) unless other standard hp terms and conditions apply to the transaction. By ordering the Products and/or accepting delivery of the Products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. hp reserves the right to change these terms and conditions without prior written notice at any time, at hp's sole discretion.
 
2. Other documents do not apply
 
Any term or condition of Customer's order which is any way inconsistent with or in addition to these terms and conditions shall not be applicable or binding on hp, unless otherwise agreed in a written agreement signed by Customer and hp and hp's failure to object shall not be considered a waiver of these terms and conditions. These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void, unless agreed in writing by hp.
 
3. Orders and Quotations/ Cancellations
 
All orders are not binding on hp unless acknowledged by hp. The prices in any quotation provided by hp will be valid for five (5) business days from the date of the quotation, unless otherwise stated in the quotation or otherwise stated as part of the duration of a special marketing promotion.
The Order will be treated as cancelled if HP does not receive full payment for the Order by the 14th day after order confirmation.
However, should the Order herein be cancelled by Customer within 14 days from date of acknowledgement of such order by HP and prior to delivery of the Products, HP reserves the right to charge Customer a cancellation fee of fifteen percent (15%) of the value of the order.
 
4. Payment Terms
 
Terms of payment shall be determined at hp's discretion and unless otherwise agreed to by hp, payment shall be made by Customer prior to hp's acceptance of Customer's order. Payment shall be made by credit card, cheque or some other pre-arranged method of payment acceptable to hp. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and hp shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason. If credit term have been agreed by hp, Customer shall pay invoices within thirty (30) days from the date of the invoices or such period which may be agreed in writing between Customer and hp. Customer shall pay interest of one and one-half per cent (1.5%) per month or at the highest rate allowed by law, whichever is the greater, for any late payment.
 
5. Prices, Shipping & Handling Charges/ Taxes & Customs
 
All prices include charges for shipping and handling and Goods and Services Tax. Unless otherwise stated, all other items will be paid by Customer at the prevailing rates.
 
6. Title and Risk of Loss or Damage/ Delivery
 
Title to the Products shall pass to Customer upon receipt of payment by hp, unless otherwise agreed in a formal agreement between Customer and hp. Risk of loss or damage to the Products shall pass from hp upon delivery to Customer. hp may deliver the Products ordered in installments. Any delivery, shipment or installation date given by hp are estimates only and hp is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery, shipment or installation date.
 
7. Product Returns
 
Should the product fail to function in the manner set out in the limited warranty statement referred to in paragraph 8 below, the product may be returned within 14 days of delivery or such other period as may be stated in the limited warranty statement. For the avoidance of doubt, product returns are strictly in respect of HP or Compaq branded products only.
 
8. Warranty
 
A limited warranty statement will be included with each hp branded product shipped to Customer. hp reserves the right to modify its warranty statement at any time, at its sole discretion. hp will be obligated to honor any such warranty only upon hp's receipt of payment in full for the product to be warranted.
 
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, HP MAKES NO OTHER WARRANTIES AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HP'S LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT.
 
Similar to other resellers of software, peripherals and accessories, hp does not warranty third-party products. Third-party software, peripherals and accessories products are covered by the warranties provided by the original manufacturer or publisher only. The original publisher or manufacturer may warrant third-party software, peripherals and accessories products. Third-party manufacturer warranties may vary from product to product. Consult your product documentation for specific warranty information. More information may be available from the manufacturer or publisher.
 
While hp offers a wide selection of software, peripherals and accessories products, we do not specifically test or guarantee that all of the products we offer work with any or all of the various models of hp computers, nor do we test or guarantee all of the products we sell on the hundreds of different brands of computers available today. If you have questions about compatibility, we recommend and encourage you to contact the manufacturer directly, or a local hp product reseller.
 
9. Software License & Warranty
 
Title to any software installed with the Products shall remain the applicable licensor(s). All software is subject to the applicable licence agreement which is included with the product(s). Customer shall be bound by the licence agreement once the package is opened or its seal is broken. Warranty for any software (if any) shall be in accordance with the licence agreement.
If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
 
10. Installation/ Services & Support
 
Service and support offerings will vary from product to product and subject to prevailing terms and conditions established by hp Malaysia and/or an Authorised hp Malaysia Service Provider. The offerings may be changed by hp Malaysia at any time, in its sole discretion. hp Malaysia has no obligation to provide service or support unless hp Malaysia has received full payment for the Products or for the service and support requested by Customer.
 
11. HP Products Availability & Discontinuance
 
Availability of the Products is limited and Products may not be available for immediate delivery. hp Malaysia reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there is any revision or cessation, hp Malaysia may ship products which have the functionality and specifications of the Products ordered ("Substituted Products") but there will be differences in the specifications between what was shipped and what was ordered. Customer shall be deemed to have accepted such differences if Customer accepts delivery of the Substituted Products.
 
12. HP Compatibles (3rd Party Options & Accessories
 
Taxes: Customer is responsible for all applicable sales taxes, import duties, stamp duty, value added tax and like levies and taxes.
 
Installation: Prices quoted are not inclusive of installation. If you need assistance in installation, you may purchase an installation and set-up service at the time of purchasing the Product or you can go to any of the hp authorized dealers for help. You may need to pay a minimal fee.
 
Delivery: hp Compatible products offered in the hp store will be sent to the customer directly from the source Manufacturer. This may result in separate shipments and delivery schedules beyond the standard delivery terms of 7 working days (upon clearance of your payment). Customers may confirm delivery schedules of hp Compatibles by calling the hp Contact Center at 1-800-88-4889.
 
Warranty/Support: hp does not warrant hp Compatibles products, which hp distributes "as is". hp Compatibles products may be warranted by the third party as specified in the documentation accompanying the hp Compatibles products. hp will not be responsible for compatibility of products not manufactured or supplied by hp.
 
13. Exclusion & Limitation of Liability
 
For any breach of these terms and conditions, hp's sole and exclusive maximum liability shall not in any event exceed the total price of the products ordered by Customer. IN NO EVENT SHALL HP BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ORF ANY CLAIM BY ANY THIRD PARTY. HP SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORISATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF HP. IF ANY SERVICE (INCLUDING BUT NOT LIMITED TO INSTALLATION OF THE PRODUCTS) IS PERFORMED BY ANY THIRD PARTY AUTHORISED BY HP, HP SHALL NOT BE LIABLE FOR ANY ACT, NEGLECT, OMISSION OR WILFUL DEFAULT OF SUCH THIRD PARTY.
 
14. Governing Law & Jurisdiction
 
The sale of the Products shall be governed by the laws Malaysia. Customer and hp shall submit to the non-exclusive jurisdiction of the courts of Malaysia.
 
15. Export Control
 
All sales are subject to the export, import and other trade-related laws and regulations of the United States and other national governments and the Customer herein acknowledges and agrees to be bound by the same, further acknowledging that it is not involved in Research on, or the design, development, manufacture, construction, operation, or maintenance of any nuclear reactor or other nuclear-related facility; nuclear explosive device, system, or component; facility involved in the chemical processing of nuclear materials, the production of heavy water, the separation of nuclear isotopes, or the fabrication of nuclear fuel containing plutonium; rocket systems or unmanned air vehicles for the delivery of nuclear or chemical-biological weapons, and the end-user is not a NATO-member government or prime contractor working on behalf of a NATO-member government; including stockpiling, or use of chemical or biological weapons; or a maritime nuclear propulsion project.
 
16. Headings
 
The headings of each of these terms and conditions are for convenience of reference only and shall not formed part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.