HP terms and conditions of online and phone sales (“Terms”) by HP PPS Sales Sdn. Bhd. (Company No. 1129628-X).

Scope

·        ATTENTION: Please read these Terms carefully as they apply to orders submitted by you to HP either online or over the phone for products and services available in the HP store website or call centre (“HP Store”). By ordering online or over the phone you confirm that you agree to these Terms governing such purchases.

Prices and Delivery Charges

·        Prices, delivery charges and payment will be as specified in the HP Store, as determined when ordering online or over the phone. If applicable, HP will list delivery charges as a separate line item on its invoices. Prices will include the applicable goods and services taxes as at the date that the order is accepted by HP and the sale has been processed and concluded.

·        HP reserves the right to change prices published on the HP Store at any time including, in respect of an order, at any time prior to acceptance of that order by HP.

·        HP reserves the right to correct the price at any time prior to delivery where there has been a typographical or other error in the price. HP will notify you of the corrected price. You may choose to pay the corrected price, however if you do not choose to pay the corrected price, then HP will have the right to cancel your order without further obligation to you (other than to issue an appropriate refund or credit to your account, as may be applicable, if you have already paid).

·        No delivery charge for all online web orders within Malaysia. For call center assisted orders, no delivery charge within Malaysia unless stipulated as otherwise in the program’s level terms & conditions.

·        Prices for bundled items displayed are rounded to the nearest dollar.

·        For configured systems, the options and/or accessories configured will be delivered together with the configured system. Any option and/or accessories published with separate price will be delivered in a separate box.

·        Prices quoted do not include installation. If you need assistance in installation, you may be able to purchase an installation and set-up service at the time of purchasing the product or you can go to an HP authorized reseller for help.

 

Orders

·        All orders are subject to acceptance by HP. HP will provide you with an order acceptance or rejection notice as soon as reasonably possible.

·        You will specify a delivery address within Malaysia, unless otherwise agreed.

·        HP products purchased within Malaysia will only be shipped or delivered within Malaysia. You may not export or resell out of Malaysia any products purchased at the HP Store.

 

Order Cancellation

·        HP reserves the right to cancel any accepted order prior to delivery at HP's discretion in the event of any pricing error or any material error in connection with your order or other conditions published in the HP Store relevant for your order, or if any further verification of your credit conditions or records so warrants. For the avoidance of doubt, HP will not be responsible for any pricing error or any material error as described above. If you have already made payment and your order is cancelled, HP will  issue an appropriate refund or credit to your account, as may be applicable.

·        Once you have submitted your order, it is final and binding upon you. Without prejudice to the above, in the event that you request a cancellation of your order or return of your product prior to delivery, HP will consider your request but will have the absolute discretion to decide whether to allow the same. HP’s decision will be final and no appeals will be entertained. In the event that HP decides to allow your cancellation of the order or return of your product, HP has the right to charge you a cancellation fee of fifteen percent (15%) of the value of the order.

 

Payment

·        Payment for products is due prior to delivery of the product. Payment for services is due prior to return of the serviced goods to you. Payment for services is due upon receipt of invoice. In any event you must make your payment in a form and at a time acceptable to HP. Where you make your purchase relying on credit provided by a third party, any acceptance by HP is subject to that third party providing credit to you. HP is not bound to complete the order and has no liability to you in the event that that third party fails to provide sufficient credit for the purchase.

·        HP may change credit or payment terms at any time if, in HP's opinion, your financial condition, previous payment record or the nature of your relationship with HP so warrants.

 

Title and Risk of Loss

·        Title to hardware products passes to you upon the later of full payment and delivery of the products. Risk of loss and damage pass to you upon delivery.

 

HP Products Availability & Discontinuance

·        Promotional offers and prices are for a limited time only, subject to the promotion terms & conditions. For the avoidance of doubt, the terms and conditions stated herein may be varied, altered or superseded (as the case may) in the event of any promotion or special deals, at HP’s absolute discretion.

·        Availability of the products is limited, and products may not be available for immediate delivery. HP 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 will contact you and will discuss what (if any) alternative products are available. You will have the option to cancel or amend your order. If you have already made payment and your order is cancelled, HP will issue an appropriate refund or credit to your account, as may be applicable. If your order is amended and the purchase price changes, you will pay any additional amount due to HP in accordance with the payment terms herein stated or HP will issue an appropriate refund or credit to your account, as the case may require.

 

Personal Use

·        Products and services acquired by you under these Terms are solely for your personal use and not for immediate resale or sub-licensing.

 

Your responsibilities

·        You should make periodic backup copies of the data, files and programs stored on your products, including hard drives and storage devices, as a precaution against possible failures, alteration, or loss of the data.

·        Before returning any product for service, be sure to back up data and remove any confidential, proprietary or personal information. Data may be lost during service.

·        You should maintain a separate backup system or procedure that is not dependent on the products so you can reconstruct lost or altered files, data, and programs.

 

Warranty

·        All HP branded products are covered by the applicable HP limited warranty, according to the terms and limitations specified in the warranty statement bundled with such products. You may have other statutory rights.

·        Products may have been manufactured using some refurbished components or may have been used internally for reliability or performance testing.

·        Replacement products or parts may be new or reconditioned or refurbished or comparable versions of the defective item.

·        HP does not warrant that the operation of products will be uninterrupted or error-free.

·        Except to the extent prohibited by law, HP is not responsible for damage that occurs as a result of your failure to follow the instructions intended for the product.

·        Should the product fail to function in the manner set out in the limited warranty statement referred to in Hewlett- Packard's Terms and Conditions, 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.

 

HP Care Pack

·        If you purchase an HP Care Pack, HP will send you the applicable HP Care Pack service description, support access details and relevant web address. HP will provide those maintenance and support services you ordered in accordance with the applicable service description and subject to HP's standard Care Pack terms and conditions. For more information on HP Care Pack’s term & conditions, please go to http://h20560.www2.hp.com/portal/site/cpc?ac.admitted=1316392608397.2043657423.1959898185

 

Software Licenses

·        HP software products are subject to HP’s standard license terms posted in the HP Store. Non-HP software products and, exceptionally, some HP software products may be subject to different license terms, as provided with such products.

 

Limitation of the Liability

·        These terms and conditions set out the full extent of HP’s obligations and liabilities in respect of the supply of the HP branded products and there are no warranties, conditions or other terms that are binding on HP except as expressly stated in the Terms. Any warranty, condition or other term concerning the HP branded products which might otherwise be implied into or incorporated in the Terms by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

·        To the extent permitted by applicable law, HP will not be liable for loss of data as it expects you to make appropriate arrangements to back up your data.

·        HP does not exclude or limit liability for death or personal injury (including to the extent caused by its negligence) or for any other liability that cannot be excluded or limited by law.

·        HP will not be liable under the Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

·        HP’s maximum aggregate liability under the Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the HP branded products in question.

 

Protection of Personal Data

·        You agree that any personally identifiable information you provide to us in connection with the HP Store may be dealt with by HP in accordance with the terms specified in the HP Privacy Statement available at the bottom of the HP Store web pages.

·        You also agree that HP may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency, which may keep a record of that information.

 

Export Statement of Assurance

·        Products obtained under these Terms may be subject to Malaysia and other government export control laws and regulations. You must comply with those regulations whenever it exports or re-exports controlled products or technical data obtained from HP or any product produced directly from the controlled technical data.

 

 

Other applicable terms

·        You may have additional rights under your local statutory or consumer laws, which provide you with other remedies. To the extent that these Terms, HP's limited warranty, standard license or Support Pack terms are inconsistent with the statutory laws of Malaysia, they are deemed modified to be consistent with such local law.

·        Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems, in hospitals in situations where uninterrupted performance is desirable or in nuclear facilities.

·        HP is not responsible for delay or failure to perform under these Terms due to causes beyond its reasonable control.

·        Each party will treat and hold confidential information provided by the other party which is marked as confidential or proprietary.

·        HP may subcontract the performance of services to qualified service suppliers.

·        All documents referred to in these Terms are incorporated into these Terms and are available from HP upon request.

·        Any customer site access requirements will not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms of HP, its officers, employees, or subcontractors.

·        Any term or condition of your order which is any way inconsistent with or in addition to these Terms will not be applicable or binding on HP unless otherwise agreed in a written agreement signed by you and HP and HP's failure to object will not be considered a waiver of these Terms.

 

Governing Laws

 

·        Any contract or dispute arising in connection with these Terms will be governed by the laws in force in Malaysia.