Terms & Conditions
Last Updated On December 01, 2021
DEFINITIONS
- “VBM” means the VCARD BIZ MALAYSIA is a company selling products and/or providing services to the Customer as identified in VBM’s Quotation or Invoice or Cash Bill.
- “Customer” means the person or legal entity identified in VBM’s Quotation or Invoice or Cash Bill.
- “Contract” means a contract for sale by VBM to the Customer of the products and/or services incorporating the Terms and Conditions.
- “Order Confirmation” means formal acknowledgement such as Delivery order and/or Quotation, of Product and/or service ordered by Customer, sent and/or done by VBM.
- “Price” means the price as per VBM Quotation and Invoice and Cash Bill shall have precedence.
- “Product(s)” means the products as described in VBM Quotation and Invoice and Cash Bill and may include branded products, third party products and Service Offerings or softwares.
- “Service Offering(s)” means the different service options offered by VBM with a given period or without any given period of time.
- “Subscription(s)” means a service which is provided on a monthly basis or yearly basis which is required to be renewed.
FORMATION OF CONTRACT
No Contract shall exist until the Customer’s order has been accepted by VBM. The Customer warrants that it is buying for its own internal use only and not for resale purposes.
2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to exclude any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither VBM’s acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
- All Contracts are based on a Yearly Basis.
- Early termination will result in a penalty of 20% of the remaining months.
REFUND OR EXCHANGE OR RETURN POLICY
VBM do not provide any refund to the product and/or service purchased at any given time. Customers should be aware of what they want before purchasing.
VBM do not exchange any products or services once the customer has purchased them. Unless if the product is DOA (Dead on Arrival).
- (SPECIAL CASE) The refund is based on approval by the Management of VBM.
- The refund process will take approximately 7 to 14 working days
VBM do not provide any return policy once the product has been sold.
WARRANTY AND CLAIM
All warranty is governed or followed by the manufactures and/or supplier and or distributor of the products. VBM do not provide or be in liability of any warranty claims.
All claims will follow the procedure of the manufactures and/or supplier and or distributor of the products.
The Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by VBM, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; Products with missing or altered or tempered Warranty Tags; any attempt by any person other than VBM personnel or any person authorized by VBM, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by VBM.
In the context of software products, all warranty terms are subject to the conditions stipulated by the software developer. VBM, acting as the reseller, explicitly disclaims any responsibility for warranty claims associated with the software.
Claims arising from software faults, issues, or any related matters will be exclusively addressed through the procedures established by the software developer. VBM shall not participate in the resolution or management of such claims.
The Standard Warranty for software does not cover damages, faults, failures, or malfunctions resulting from external causes. These external causes encompass, but are not limited to, accidents, misuse, abuse, problems with hardware or other software, unauthorized modifications, and installations not in accordance with the provided software instructions.
VBM assumes no liability for problems arising from attempts to modify, repair, or support the software made by any individual or entity other than the authorized personnel of the software developer or any person explicitly authorized by the software developer.
The reseller, VBM, bears no responsibility for issues arising from the utilization of third-party components or software not supplied directly by the software developer.
VBM shall not be held accountable for any consequential damages, including but not limited to loss of data or business interruption, resulting from software faults, issues, or malfunctions. In the event that these software products are used to provide services, VBM explicitly disclaims liability for any associated issues. Users are advised to refer to the terms and conditions provided by the software developer for specific details regarding software warranty and support.
SERVICE AND TECHNICAL SUPPORT
Technical support will be provided as long as you have a active and valid subscription.
All services and technical support must be done by VBM personals only, or authorized dealers.
LIABILITY
VBM shall not be liable in contract or tort for any loss or damage suffered, and consumer rights are limited to those set out in these Terms and Conditions and under the statute.
To the extent permitted by law, VBM’s total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Products and/or services under the Contract.
The Customer shall indemnify VBM and keep VBM fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
To the extent permitted by law VBM and Customer agree that VBM will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Any service response times stated by VBM in service contracts are approximate only. VBM shall not be liable to the Customer for any a) incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Products or services, even if VBM has been advised of their possibility.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by VBM shall be subject to correction without any liability on the part of VBM.
Where under any applicable law, implied conditions and warranties cannot be excluded, VBM’s liability for breach of such conditions and warranties shall be limited, at VBM’s option, to:
- In the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; OR
- In the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
ORDERS, PRICE AND PAYMENT
Unless credit terms have been expressly agreed by VBM, payment for the Products or services shall be made in full before physical delivery of Products or services.
The customer shall pay for all shipping and handling charges.
Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value-added, excise, privilege and similar levies/taxes.
Time for payment is of the essence. VBM reserves the right to charge interest at the rate of 15% per annum on sums overdue.
VBM reserved the right to not give any discount to any products or services.
ALL PRICES MAY OR MAY NOT BE INCLUSIVE GOODS AND SERVICE TAX
DELIVERY
All Products and/or Services have delivery charges; all delivery charges are based on the distance of the delivery address.
VBM do not provide any free delivery to any customer. In the case of RMA or claim, the delivery charges to send to the supplier or manufacture will be bare by the customer and/or Supplier and/or manufacture and/or distributer and not by VBM at any given time. VBM has the right to charge the customer in the event of an RMA or claims that require delivery thru and flow.
Any dates quoted by VBM for the delivery of the Products are approximate only and shall not form part of the Contract. VBM shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.
BACK TO BACK ORDERS AND SERVICES
VBM reserved the right to not explain and/or show what are the products or services being provided to the customer if not asked or requested. Customers will have the right to do their own research of the products or service requests before placing any orders or purchasing.
If in the event the products require VBM to do a back to backorder, VBM reserved the right to attaint 80% of the product price as a deposit. In the event, if the customer requires to cancel the order, the 80% deposit will not be refunded under any circumstances.
Once Customer Have Confirmed the order via the Signed Or Non-Signed Quotation and/or Delivery Order, the order cannot be cancelled.
GENERAL
VBM do not need to show the product and/or services which are listed and/or billed based on the DELIVERY ORDER or QUOTATION OR TAX INVOICE OR CASH BILL to the customer or explain to the customer if not asked or requested. Customer Should do their own research before ordering or purchasing the products or services.
Any Typo or incorrect price and/or item and/or service listed on the DELIVERY ORDER and/or QUOTATION will be corrected or revised by VBM before the sales have been deemed final.
All Tax Invoice and Cash bills are deemed as final sale and/or confirmation Once Printed and signed by the customer, All Terms and Conditions will be applied
VBM reserved the rights to amend or change any terms and conditions at any given time without any prior notice.
ACCEPTANCE OF PRODUCTS
All the Products and/or services shall be deemed to have been accepted by the Customer as being in good condition and/or good service and in accordance with the DELIVERY ORDER and/or TAX INVOICE and/or CASH BILL.
The Customer shall not be entitled to withhold payment of all or any of the Prices of the Products whilst any claim is being investigated by VBM.
CANCELATION
Customers have the right to cancel a subscription at any given time, prorated dates will not be refunded.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
