Terms & Conditions – AMG Office Automation Sdn Bhd

INTRODUCTION

Welcome ! You have entered the website owned and operated by AMG Office Automation Sdn Bhd.

The following Terms and Conditions written on this webpage shall manage your use of it henceforth referred to as “Website”. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all these terms and conditions written in here. You must not use this Website if you disagree with any of these Terms and Conditions.

Minors or people below 18 years old are not allowed to use this website.

DISCLAIMER

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. THIS AMG WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS AMG WEBSITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS AMG WEBSITE, AMG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER:-

(1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE AMG WEBSITE;

(2) ANY MATERIAL DOWNLOADED INCLUDING BUT NOT LIMITED TO DATA, TEXT, IMAGES, VIDEO & AUDIO OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMG OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. IN NO EVENT SHALL AMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AMG WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO AMG’S NEGLIGENCE, WILL AMG, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF :-

(A) YOUR ACCESS TO, OR USE OF, THE AMG WEBSITE, WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON YOUR PART

(B) ANY WEBSITE ISSUES INCLUDING BUT NOT LIMITED TO ANY DEFECT, ERROR, FAULT, INACCURACY, IMPERFECTION OF THE AMG WEBSITE

(C) THE UNAVAILABLITY OF THE AMG WEBSITE OR PART THEREOF OR OF THE ASSOCIATED PRODUCTS OR SERVICES EVEN IF AMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WEBSITE INFORMATION REGARDING AMG PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE ANYTIME WITHOUT PRIOR NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY AMG WITH RESPECT TO ANY PRODUCT OR SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, under these Terms, the company and/or its licensors own all the intellectual property rights and materials contained in this website.

You are granted limited license only for purposes of viewing the material contained on this Website.

RESTRICTIONS

You are specifically restricted from all of the following:

publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and the company may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

EXCLUSIONARY CLAUSE

UNDER NO CIRCUMSTANCES, SHALL AMG BE LIABLE IN DAMAGES FOR ANY DELAY OR DEFAULT IN THE OPERATION OF THE WEBSITE WHERE SUCH DELAY OR DEFAULT IS CAUSED BY CONDITIONS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, TELECOMMUNICATIONS, STRIKES, ACTS OF TERRIORISM AND/OR ANY OTHER CONDITIONS BEYOND THE REASONABLE CONTROL OF AMG.
If the delivery of a product is delayed or impossible because of any extraordinary natural phenomenon or the enactment, alternation, or abolition of laws or regulations, traffic accident, reprimand by the exercise of public power, accident during transportation, labor dispute, war, or another unavoidable matter,AMG will promptly notify User. If User suffers a loss because of any of the above-mentioned causes, however, AMG and agencies shall not have a responsibility for the indemnification for the loss.
AMG pays special attention to security when User enters User’s personal information; however, the User should recognize the risk of information leaks even under such a protected environment and agree that the personal information is not necessarily 100% safe.
User agrees that the product or description and manual for use of the Product(s) may be simplified on the premise that User, as a business operator, has certain knowledge on the Product(s). User also agrees that the package of the Product(s) may be simplified. User shall be responsible for any accident or injury caused by inadequate use of Product(s) as a result of lack of understanding on the characteristics of Product(s).

AVAILABILITY OF PRODUCTS AND SERVICES

The products and services displayed on this Website are subject to availability. The reference to such products and services in the Website does not imply or warrant that these products or services will be available at any time in your particular location.

WAIVER OF CONDITIONS OF USE
The failure of AMG in any one or more instances to insist upon performance of any of the terms or conditions contained herein, or to exercise any right or privilege hereunder, or the waiver by AMG of any breach by you, of these terms or conditions of sale, shall not be construed as thereafter waiving such terms and condition, rights of privileges, and the same shall continue and remain in force and effect as if no failure or waiver had occurred.

NOTICES AND COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATION OF LIABILITY

In no event shall the company, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. The company, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

INDEMNIFICATION

You hereby indemnify to the fullest extent the company from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

SEVERABILITY
If any provision of the Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

ASSIGNMENT

The company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between the company and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Any assignment or transfer of either the Terms and Conditions or any right granted hereunder is strictly prohibited.

GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of Malaysia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Malaysia for the resolution of any disputes.

BUY & SELL AGREEMENTS, ORDER METHODS OF PRODUCTS

After the user registration in AMG, User shall be able to order a product or use the Services. When ordering a product via the Services, User is required to enter User ID and password.
Any order which User has placed via the Services using User ID and password shall be recognized by AMG as the valid declaration of the User’s intention and thus deemed as a legitimate order.
Order & acceptance

All orders are subject to review and acceptance by AMG. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
AMG shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card is charged. If your credit card has already been charged for the purchase and the order is cancelled by us, AMG shall immediately issue a credit(refund) to your credit card account in the amount of the charge.

Note:Purchases made after 2pm each day would be considered as next day purchase.
Note: For self collect please contact and confirm with our sales representative to ensure product availability.

METHOD OF PAYMENT

User shall select a payment method from the options offered by AMG when the user places an order, and shall make payment for the order accordingly. User shall pay all the remittance charges (including domestic and international charges).
User shall agree in advance that if User selects advance payment by a bank transfer and AMG cannot confirm the whole or part of payment for products within 1week after User’s order, the order will be cancelled.
If User selects advance payment by a bank transfer and pays more than the total amount of the order, User shall make a choice between the receipt of a fixed-term coupon for the extra amount or refund through a bank transfer. (If the extra amount is less than the remittance charges, User shall receive a fixed-term coupon for the extra amount.) All the remittance charges for the refund shall be paid by User and be deducted from the refunded amount. In addition, User shall agree in advance that(i)if User doesn’t select the refund method within a year and a half, the extra amount shall not be refunded to User and AMG shall obtain the extra amount and (ⅱ)after the fixed-term of the coupon expires, the coupon shall not be available .

TRANSFER OF TITLE

Title passes to User upon tender of delivery after AMG receives payment from User.

INSTALLING & MAINTAINING EQUIPMENT BY USER

User shall install, at User’s own expense, any equipment required for receiving the Services online, including a communication device (with a contract with a carrier), computer, software program, and so on (hereinafter referred to as “User Equipment”).
To receive the Services, User shall maintain User Equipment so that User Equipment will operate properly, by User’s responsibility at User’s own expense, and shall access web sites via the provider that User has selected.

REFUSING THE PROVISION OF THE SERVICES

If any of the following causes applies or might apply, AMG shall be able to refuse the provision of the Services even after the provision of the Services is accepted. AMG will pay back a bill for the product if the following causes incurred for any reason attributable to AMG, and AMG shall not be required to pay back it if the reasons are attributable to User. AMG deems following items 2 & 5 attributable to User and item 3 attributable to AMG. Other items are judged on a case-by-case basis by AMG.

If the whereabouts of User or the delivery address of the product cannot be identified
If User refuses the receiving of the product
If the delivery company cannot deliver the product
If the product is suspended by the customs
If User violates any of the Terms
If AMG determines that it is inadequate to provide the Services

SUBJECT OF DISCUSSION

For any subject which has not been defined in the Terms and any article described in the Terms, if any question arises in the interpretation of such a subject or article, the User and AMG shall negotiate in good faith to come to a settlement.

RETURNS POLICY

User shall inspect the contents and defects of a product immediately after the product arrives. If a product has a defect, User shall notify AMG by e-mail from the address that User registered at the user registration and provide a defect details proof including photo or video, within 48 hours from the arrival of the product. If AMG does not receive such a notification within 48 hours, AMG may assume that the product has successfully passed through User’s inspection. By using AMG’s services you agree to the returns policy.

If AMG receives such a notification, AMG will handle it according to the following

1. If the product has a defect, AMG will decide whether to replace the defected product with a new one or pay back a bill for the product.
2. If the quantity is not sufficient, AMG will deliver the insufficient quantity of the product or pay back a bill for the insufficient quantity of the product.
3. If the delivered product is not the same as the ordered one, AMG will decide whether to replace the delivered product with the ordered one or pay back a bill for the product.
4. If part of the product is not delivered, AMG will decide whether to deliver the part of the product that has not been delivered or pay back a bill for the part of the product.

All above mentioned condition, is subject to AMG approval whereby reason for return has to be valid and return acceptance conditions met. AMG will reply an email to the user registered email address to inform our final decision or to request additional info including but limited to photo, video, and report for the decision making.

AMG agrees to accept product returns provided that:

The product is notify to AMG within 48 hours from the date you received it and consequently approve by AMG and its reach back to AMG within 10 days.
The product is in a new, unused condition with no breaches and still in all of it’s original packaging.
The product is faulty or is not the product that was ordered

AMG will not accept returns in the following cases:

The customer no longer wishes to purchase the product. Change of mind not applicable.
The customer has used the product or removed it from it’s original clean packaging.
The customer ordered the wrong product or failed to specify specific details accurately that resulted in the delivery of a product not to specification.

Any returns notification that are not received by AMG within 48 hours from the arrival of product.
Any return notification that are reject by AMG whereby return acceptance condition NOT MET.

AMG shall have the indemnity liability only for damages to User caused by the defect of a product up to a ceiling of the unit price of the defected product. However, AMG will not have a responsibility for any job-related loss profits of Use caused by an item described in this Article.
When User returns the product based on the immediately preceding paragraph, AMG will exchange the product, issue a fixed-term coupon, or give a refund for the product within 30 days. Provided, however, that any expenses including but not limited to administrative, transportation charges to return the product shall be paid by User if the return is made for a reason attributable to User.
Any return of a product shall be made within 10 days from the date the return is accepted, according to a method specified by AMG. If the product is not returned or reached within the above-mentioned time period, AMG may consider that User is not willing to return the product, and hence cancel the request for returning the product and charge the price of the product if any.
Before returning a product, User shall sufficiently package the product so that the product will endure the transportation. If the product is damaged because of any User’s fault, AMG may cancel the request for returning the product and charge the price of the product if any.
If the product ordered by User is delivered to the “delivery address” described in the confirmation note for the order, and User refuses to receive the product for any reason attributable to User, AMG may require penalty charge equivalent to the price of the product and charge for delivery from User.

If the buyer provided the invalid shipping address and couldn’t reach by transport/courier company. Buyer should be responsible for your own unreachable shipping fee.

Buyer / Customer has no right to ask for the refund after made payment to our company. Due to stock turnover is fast and many uncertainties, our Company will only refund 90% of total payment if only the product is short of supply and customer not willing to wait for the new stock.

Additional Notice

* All Prices Exclude delivery/installation/activation fees.
Prices, specifications and availability of products are subject to change without prior notice. Due to the dynamic nature of the computer industry, descriptions may not reflect current technical information. Any typographical or photographic errors in the product specifications or errors in the pricing or offers are subject to correction.

If there is anything in these Terms which you are not fully satisfied with or wish to seek further clarification, please do not hesitate to contact us.