Acerca de

Section A: Definitions

Definitions in these terms and conditions shall have the meaning assigned thereto as follow:-

Product/ Appliance: Water purifier or any other product under NIHOMA brand and whichever mentioned in Schedule 1 of this Agreement.

NIHOMA: Eco World Wellness (M) Sdn. Bhd and/ or its Authorized personnel by NIHOMA

Customer: The person or organization purchasing or renting the Appliance.

 

Section B: Product/ Appliance

(Part A:Terms applicable for Outright/Instalment)

1. [Product Ownership] The legal ownership of Product provided to the Customer shall belong to NIHOMA until all payments are received by NIHOMA. Customer shall under no circumstances attempt to dismantle, repair, undertake maintenance work or replace any filter and parts of the Appliance. Customer is forbidden to relocate Appliance without prior approval of NIHOMA prior clearing the outstanding payment.

2. [Product Installation] Installation of the Appliance will be undertaken by NIHOMA or its appointed personnel subject to transport/delivery charges stated in clause 49(E) The same transport/delivery charges shall also be applicable for any Product Relocation, Product Replacement and/or Product Repossession carried out by NIHOMA.

3. [Product Warranty] Customer is entitled for free parts during the first twelve (12) months and maintenance service but excluding damage caused by improper use or unauthorized service other than NIHOMA or its appointed personnel subject to transport/delivery charges stated in clause 49(E) The same transport/delivery charges shall also be applicable for any Product Relocation, Product Replacement and/or Product Repossession carried out by NIHOMA.

4. [Product Usage] Customer must follow the Product usage instructions, service, and maintenance given by NIHOMA. However, if the Appliance is used beyond the intended usage as determined by NIHOMA, NIHOMA reserves the right to charge Customer for such additional maintenance cost if necessary.

5. [Product Defect] In the event of Product defect during the Product warranty period one (1) year, NIHOMA reserves the right to either replace or repair the Appliance at its discretion.

6. [Product Ownership Transfer] In the event that Customer wants to transfer or relocate the Product prior clearing the outstanding payment, Customer will be liable to pay a ownership transfer processing fee in order to transfer the Product stated in clause 49(D).

7. [Product Return] The Appliance is not returnable after 10 days from the date of purchase.

8. [First Payment/ Booking Fee] Minimum of 10% product price must be made upon confirmation of sales.  (Part B: Terms applicable for Rental Payment [Monthly Repayment])

9.  [Product Ownership] The legal ownership of Product provided to the Customer shall belong to NIHOMA. Ownership of the Appliance shall remain with NIHOMA until all monthly rental repayments are received by NIHOMA. The Customer shall under no circumstances attempt to dismantle, repair, undertake maintenance work or replace any filter and parts of the Appliance. Customer is forbidden to relocate Appliance without prior approval of NIHOMA.

10. [Product Installation] Installation of the Appliance will be undertaken by NIHOMA or its appointed personnel subject to transport/delivery charges stated in clause 49(E) The same transport/delivery charges shall also be applicable for any Product Relocation, Product Replacement and/or Product Repossession carried out by NIHOMA.

11. [Product Warranty] Customer is entitled for free parts during the period of rental but excluding damages caused by improper use by Customer or unauthorized service other than NIHOMA or its appointed personnel. Customer is liable for the cost of parts of the Appliances in case of faults caused by Customer’s misuse.

12. [Product Usage] Customer must follow the Product usage instructions, service, and maintenance given by NIHOMA. However, if the Appliance is used beyond the intended usage as determined by NIHOMA, NIHOMA reserves the right to charge Customer for such additional maintenance cost as necessary.

13. [Product Defect] In the event of Product defect during the Product rental period, NIHOMA reserves the right to replace or repair the Appliance at its discretion.

[Rental Period] Customer shall not terminate the Agreement during the Rental Period as stated in Schedule 1. In the event of early termination, Customer will be charged for the amount as stipulated in clause 29.

 14. [Appliance loss Fee] if the Appliance cannot be located, the Customer will be liable to pay for lost Appliance according to the following calculation :-

Appliance Loss Fee = (Total rental for the whole Rental Period) - (Total paid rental fee)

Similarly, if the Appliance is found to be in a badly damaged condition and is beyond repair, Customer will also be charged based on the same calculation.

 15. [Product Ownership Transfer] Upon the full payment of Product, Customer is entitled to transfer/ relocate the Product for a processing fee with the following options stated in clause 49(D) and 49(E):

 (A) Customer may enter into new Agreement for another new Product and to pay the new monthly rental fee accordingly.

 (B) Customer may continue the filter changing and maintenance service by signing the new maintenance service Agreement with NIHOMA.

 16. [Product condition] In case of serious damage to the Appliance or NIHOMA is unable to repossess the Appliance, customer will be liable to pay the Appliance Loss Fee accordingly as shown at clause 14.

 17. [Product Return] The Appliance is not returnable after 10 days from the date of purchase.

(Part C: Product Warranty Claim Procedure)

 18.1. [Warranty Claim Procedure] Customer may make a Warranty claim within the Warranty period in accordance with the procedures below. Customer will not be entitled to a Warranty claim if the Product or defect falls under one of the exclusions under

18.2“Warranty Exclusions and Limitations” of this Warranty:

a)How to make a Warranty Claim

I. If Customer experience any issue with Product, NIHOMA instructions on manual for troubleshooting.

II. If the issue cannot be resolved by troubleshooting, call NIHOMA customer service at 1300-88-3939 and NIHOMA customer care team will refer Customer to the nearest NIHOMA Maintenance Service Team and provide the assistance required Customer.

b)What will Nihoma do?

Once Customer Warranty claim is received by NIHOMA, NIHOMA will investigate the cause of the problem and if the fault with the Product is a consequence of Manufacturer’s defect in materials or workmanship, NIHOMA will, at its option, repair, or replace the Product.

Replacement

Products presented for repair may be replace by refurbished product of the same type, rather than being repair. Refurbished parts may be used to repair the Product. Replacement of the Product or a part does not extend or restart the Warranty period.

All components parts or hardware products removed under this Warranty becomes the property of NIHOMA.

18.3[Warranty Exclusions and Limitations] This Warranty does not apply to maintenance kits (periodic or otherwise), accessories and consumable items and does not extend to any Product which the serial number has been altered, tampered with or removed. In addition, this Warranty does not cover any of the followings:

• normal wear and tear;

• any damages, defects, malfunctioning, and/or non-functioning of consumables which by nature require periodic replacement including the following:

(a)Filter cartridges

(b)Dispense button

(c)Magnetic tray

(d)Filter door, hose, adaptor, connector, casing

(e)Small Item and additional accessories (Booster pump, Crystal Faucet)

• Any damages or defects caused by misuse or negligence while in transit

• Any damages and failures arising from any usage, attachment, installation or connection to, in or with the Product, of any non-genuine products

• Any damages, dents, malfunction or non-functioning to or in the Product howsoever arising from, caused by or incidental to any external cause (including accidents, fire, lighting, Act of God, exposure to water or moisture, or caused by insects, pests or of whatever kind, or caused by or during any or any attempted burglary, theft and/or riot), and any corrosion, rust, staining or any other such like matter;

• Any damages, dents, defacement, scratches, stains, or marks however caused to the Product’s external covers/panels;

• Any damages and failures arising from any abuse and/or negligence of any end users or third parties, howsoever defined;

• Any damages and failures arising from the use of the product contrary to its manuals and/or users guides;

• Any damages and failures arising from the services (including but not limited to any modification, disassembling or repair) in relation to the products given by any service providers or personnel not authorized by Nihoma;

• Any damages and failures arising from or due to external effects such as power supply (including fluctuations) and generator.

• Any malfunction, defects, or damage arising from shipping or storage of products by any service providers or personnel not authorized by Nihoma

• Falsification of serial number of product, serial number of Warranty certificate or the date;

• The dropping of any object, fluid inside the product or its mechanical parts

• Setup of products in a location exposed to direct sunlight, blocked ventilation slots, unstable surface, power extension cords or adaptors, insufficient space, extreme temperatures;

 

Upon occurrence of any of the above events, Nihoma may, at its sole discretion, immediately terminate the Warranty and treat the Warranty as invalid. Upon such termination, Nihoma will no longer be liable or responsible to carry out any Warranty work for Customer’s product due to any defect even if it is still within the Warranty period.

 

Section C: Regular Maintenance Service (RMS)

19.[Maintenance Service Condition] NIHOMA will perform maintenance service, such as filter replacement and schedule inspection as stated herein, at a fixed number of times for the appliance used by the Customer during the term of the contract. However, if the Customer delays appointment for maintenance due to the circumstances of Customer, the maintenance service will be discontinued until the cause is resolved.

 

20. [Routine Service/ Maintenance] Customer agrees and irrevocably authorizes NIHOMA to enter any premises where the Appliance may be located for the purpose of inspecting, servicing, maintenance or/ and repossessing the Appliance if the Customer fails to commit monthly rental fee up to two (2) months. The routine maintenance service may includes water quality inspection, product sanitization and other necessary water and product checking procedure. NIHOMA has the final right not to provide maintenance service to Customer who fails to commit monthly rental up to two (2) month.

 

Section D: Payment

21. [Booking Fee/ First Payment] Booking Fee/ First Payment paid by the Customer is intended for internal processing fee and is not refundable without a valid reason.

22. [Monthly Rental Payment] Customer will be paying their first rental payment after their Appliance installation.

23. [Auto Debit Recurring Payment] Customer who selects to pay via monthly recurring method - Auto Debit (AD) must ensure that he/ she has sufficient

credit balance to facilitate the automatic monthly rental repayment for the following months.

23.1 Any hard copies of invoice or official receipt are only available upon Customer’s request with a charge of RM5.00 for each hard copy requested to cover

shipping and handling fee stated in clause 49(A).

23.2 In the event that Customer requests to stop Auto Debit payment and requests to utilize other payment methods (including but not limited to manual cash payment to NIHOMA’s Collector, cash deposit or bank transfer), NIHOMA will charge extra RM30.00 as manual payment method charges for every such payment transaction stated in clause 49(A)

24. [Monthly Rental Payment Processing Fee] In the event of failure payment via Auto Debit for one (1) month, NIHOMA will charge extra RM10.00 as late payment processing fee from the subsequent month’s billing stated in clause 49(A). However, if the Customer reactivates their Auto Debit, NIHOMA will waive the monthly rental repayment processing fee from the subsequent month of the reactivated Auto Debit. Similarly, NIHOMA will charges extra RM10.00 late payment processing fee after cancellation of Auto Debit stated in clause 49(A). In the case if NIHOMA did not receive full payment from the Customer due to insufficient balance on the agreed Payment date, NIHOMA shall be entitled at a later date, to reattempt deduct the amount owing from the Customer’s bank account without notifying Customers.

24.1  Without prejudice and in addition to NIHOMA’s right to charge RM10.00 as monthly rental payment processing fees and/or NIHOMA’s any other rights under this Agreement, Customer shall further pay to NIHOMA late payment charges by way of interest calculated at the rate of 0.75% per month or 9% per annum on any monthly rental due but unpaid under this Agreement stated in clause 49.

25. [Actions towards overdue on monthly rental repayment] NIHOMA shall take these actions towards the Customer who fails to punctually pay monthly rental repayment.

Action(s)

1)SMS/ Call Reminder

2)Reminder Letter/ Notice of Demand

3)Notice of Termination and Demand

4)Termination of maintenance service

5)Repossess the Appliance

6)Pass over the account to Debt Collection Agency (DCA)

7)Listing on CTOS and/ or Credit Reporting Agency (CRA)

8)Pursue legal proceedings

25.1 [Notice] Any notice, demand or any service of legal process which includes a writ, of summons and other pleadings as well as all other forms of originating process, interlocutory application of whatsoever nature, affidavits, orders, execution process or any other relevant documents in respect of or arising out of this Agreement may be sent to the Customer by prepaid registered post to the Billing Address as stated in this Agreement and the same shall be deemed to have been duly served and duly received by the Customer upon the expiry of forty-eight (48) hours after the time of posting of the same.

25.2 [Costs] All costs and expenses (legal or otherwise and where legal both judicial and extra judicial on a solicitor and client basis) incurred or paid by NIHOMA under this Agreement or for the collection or recovery of any moneys due or to become due hereunder shall be borne and paid by the Customer absolutely stated in clause 49(B).

25.3 [Repossession of Product] Upon expiry of the Rental Period or upon this Agreement being terminated by either party for whatsoever reasons, NIHOMA shall be entitled to retake possession of the Appliance from its Installation Address or from wherever the Appliance may be located, which the Customer cannot refuse, and without any court order or other process of law. The Customer waives any and all damage occasioned by such taking of possession.

26. [Non-payment of monthly rental repayment] In the case Customer has failed to pay the monthly rental repayment, NIHOMA reserves the right to stop providing the maintenance service and to repossess the Appliance at its discretion. NIHOMA shall be entitled to take the necessary measures to recover the outstanding monthly rental repayment amount. NIHOMA has the right to use a third-party to collect the outstanding balance, including listing the Customer with Credit Reporting Agency (CRA), Debt Collection Agencies(DCA) and/ or instituting legal proceedings. All cost incurred by NIHOMA including but not limited to legal cost, recovery cost, CTOS’s charge and etc. shall be wholly borne by the Customer.

27.[Terms and Conditions applicable for Auto-Debit Recurring Payment]

27.1 Customer authorize NIHOMA to debit Cardholder’s Visa/Master/Amex card for payment of monthly rental repayment plan under the mutually agreed monthly rental repayment plan Agreement .

27.2 The rental amount will be automatically debited to Cardholder’s Visa/Master/Amex card on scheduled deduction dates as determined by Customer and NIHOMA.

27.3 Customer shall accept full responsibility for all the transactions arising from the use of this Visa/Master/Amex card in payment of monthly rental repayment

27.4 NIHOMA shall not be held responsible or liable for any claims, loss, damage, cost and expenses arising from the successful processing of the debit or the unsuccessful processing of the auto debit due to exceeding credit limit, malfunction of system, electricity failure and any other factors beyond the control of NIHOMA.

27.5 NIHOMA is only responsible for making arrangement to debit Cardholder’s Visa/ Master/Amex card through the Card Centre as authorized by Customer. Therefore, for any problem or dispute arising from the processing/ debiting it will be Customer’s own responsibility to resolve it with Cardholder’s Visa/Master/Amex company.

27.6 Customer will ensure that NIHOMA is notified in writing of any changes, loss or replacement of Cardholder’s Visa/Master/Amex card or cancellation of this use authorization at least one month before then next monthly payment due. Such changes of cancellation will become valid only after NIHOMA has duly acknowledged receipt of such request.

27.7 This authorization will be remain effective for the protection of NIHOMA notwithstanding Customer death, incapacity or revocation means until of this authorization by any other written notice of discontinuance of the same is received from a legal representative of Customer estate or a lawfully appointed guardian as the case may be by NIHOMA.

27.8 NIHOMA is under no obligation to submit, effect or attempt to effect any auto debit instruction unless there is sufficient available credit limit in Cardholder’s Visa/ Master/Amex card account at the payment is due. Customers are solely responsible to ensure there is sufficient credit available at all times in Cardholder’s Visa/Master/Amex car account to meet this auto debit payment instruction that Customer have authorized.

27.9 NIHOMA may its absolute discretion at any time terminate this Visa/ Master/ Amex Cards auto debit arrangement without assigning any reason by giving Customer one month’s notice in writing.

27.10 This authorization shall remain binding upon Customer until NIHOMA’s receipt of Customer’s written notification to cancel the authorization.

27.11 Customer hereby agree to indemnify and keep NIHOMA indemnified against any claims, losses, damage coast and expenses which NIHOMA may suffer or incur arising from my authorization to debit Cardholder’s Visa/Master/Amex card as aforesaid.

27.12 The Customer shall be liable to pay NIHOMA the sum of RM10.00 each of any default of monthly payment / instalment as liquidated damages stated in clause 49(A).

28. [Small Item claim in the event of default in monthly rental payment] The Small Item as specified in Part 3 Schedule 1 is provided to the Customer strictly subject to the condition that in the event that the Customer shall at any time default in monthly rental payment with 2 months overdue, then without prejudice and in addition to NIHOMA’s any other rights under this Agreement, NIHOMA shall be entitled to claim against the Customer an amount equivalent to the Recommended Retail Price (R.R.P) of the Small Item as stated in Part 3 Schedule 1 being agreed liquidated damages not by way of penalty.

​

Section E: Termination

29. [Early Termination by Customer] If the Customer terminates this Agreement before the expiry of the Rental Period, the Customer shall still be liable to pay to NIHOMA the arrears of monthly rentals (if any) and/or other debits and to further pay all monthly rentals for the remaining Rental Period.

30. [Termination by NIHOMA] NIHOMA reserves the right to terminate the Agreement and retrieve the Appliance under the following circumstances:

30.1 Monthly rental repayment has been overdue for more than two (2) months;

30.2 Breach of the terms and conditions of this Agreement;

30.3 Poor environment circumstances (difficult to maintain the Product, abnormal usage, transfers, misuse, sub-lease, modifying without the approval by NIHOMA or difficult to maintain the Appliance as determined by NIHOMA or its appointed personnel).

30.4 Upon this Agreement being terminated by NIHOMA pursuant to Clause 29 herein, NIHOMA shall have the right to claim against the Customer for all arrears of monthly rentals and/or other debits and to further claim against the Customer for all monthly rentals for the remaining Rental Period.

30.5 In the event of any changes on personal details or/and banking details, Customer must inform NIHOMA as soon as possible to avoid service/ maintenance delay or/and charges.

30.6 The Customer shall be liable to pay NIHOMA charges of 0.75% per month or 9% annum based on daily basis on the any outstanding/ balance of total payment as mentioned in schedule 1 which is due payable by the Customer to NIHOMA from the date of termination of this Agreement until the said sum is paid by the Customer stated in clause 49(A).

​

Section F: Personal Data Protection

31. NIHOMA will not be able to perform its obligations without Customer’s personal data. Hence Customer agrees and consents to allow NIHOMA (and any third party appointed by NIHOMA’s behalf) to collect, hold, use, delete, disclose, transfer, and process in any other way, all of Customer’s data, whether given now or subsequently from time to time, for the purposes of:

a) Processing this Agreement and/or;

b) Providing another Products and Services;

c) Processing any claims, including any investigation, or analysis for claim,

d) Data matching;

e) Updating NIHOMA’s records, marketing and promotion of other Products and Services by NIHOMA and its group of companies;

f) Safeguarding against non-disclosure or fraudulent application, proposal and claims;

g) Conduct credit/ trade check (CTOS/ CCRIS) where applicable with CTOS at any time for as long as a trade relationship with NIHOMA or where any dues

remains unpaid and outstanding to NIHOMA;

h) And for the use of advertising and promotion purposes. (Photograph, testimonial, catalogue, website and others.)

32. Customer hereby understands and gives unconditional and unequivocal consent to NIHOMA and its appointed third party to process Customer’s personal data revealed hereto.

 

Section G: Others

33. [Cooling-Off Period] This Agreement is subject to a cooling-off period of ten (10) days. Unless Customer requests to waive the cooling-off period for immediate purchase and installation of the Appliance.

34. [Sickness Or Illness Due To The Consumption From The Appliance] NIHOMA shall not be held liable for any sickness or illness due to the consumption of drinking water from the Appliance as NIHOMA does not have the full control over the usage of the Appliance and water quality from source.

35. [Non-Return Policy] Under the following conditions Appliance are NON-RETURNABLE:

a) The Appliance was purchased for someone else who simples does not want it;

b) The Appliance has no defects. Customer changed his/her mind because of wrong selection, model, size or specification, Appliance not meeting

expectation, and/ or Customer simply don’t want it anymore.

36. [Agreement Establishment] This Agreement comes into effect from the date of delivery of the Appliance and after the Customer has signed this Agreement. Customer agrees to the rule of purchase item includes:

Appliance’s monthly rental repayment

37. [Right of Order Acceptance] After NIHOMA has verified the Customer’s credibility and other information, NIHOMA holds the final decision as whether to accept or reject any Customer order that does not fulfil the Company’s requirement.

38. [Unauthorized Purchases] In the event that any misleading information or forged documents supplied by Customer are discovered during the term of monthly rental repayment period, NIHOMA reserves the right to take legal actions against the Customer to protect itself and/or recover its losses.

39. [Personal Information Update] Customer must inform NIHOMA as soon as possible if the personal details have changed. (Address, Contact number, Payment methods and other essential information)

40. [NIHOMA’s Right to Assign] NIHOMA may sell or assign either absolutely or by way of security any or all of NIHOMA’s rights under this Agreement to any third party, and Customer agrees that Customer shall do all things necessary to give effect to such sale or assignment to be in continuance of this Agreement thereafter.

41. NIHOMA shall be entitled to increase the monthly rental repayment fee in order to take into account of any increase in the operating cost of NIHOMA in regard of the Appliance but not limited to any increment in the cost of labor, material and transport.

42. NIHOMA will not be responsible for any changes due to Customer’s failure to comply with Clause 27.5.

43. Customer agrees to give consent to NIHOMA and/ or registered Credit Reporting Agency CTOS Data Systems Sdn Bhd (“CTOS”) under the Credit Reporting Agency (CRA) Act to process Customer’s personal data.

By this consent, Customer agrees that:

NIHOMA and/ or registered Credit Reporting Agency may conduct credit/ trade check, CCRIS and DCHEQS checks on Customer and where applicable with CTOS at any time for as long as Customer has a trade relationship with NIHOMA or where any dues remain unpaid and outstanding with NIHOMA, for any one or more of the following purposes:

• Opening of account                                  • Credit/ Account monitoring

• Debt recovery                                            • Credit/ Account evaluation

• Credit/ Account review                             • Legal documentation consequent to a contract of facility granted by Customers.

44.  Any sum in this Agreement shall be deemed to be inclusive of any Goods and Services Tax (“GST”) or tax of similar nature for the GST purposes.

45. In the event of any ambiguity between the English and Bahasa Melayu version, the English version shall prevail and be given effect to.

46. In case of any dispute, NIHOMA reserves the right to make the final decision without prior notice.

47. [Address] No change in the Billing Address howsoever brought about shall be effective or binding on NIHOMA unless the Customer has given to NIHOMA actual notice of the change of Billing Address.

48.[Taxes] The monthly rental or any other payment under or in connection with this Agreement does not include any taxes, levies or charges whatsoever now or hereafter required by law to be paid on or in respect of the monthly rental or any other payment under or in connection with this Agreement. In the event that the monthly rental or any other payment under or in connection with this Agreement or any part thereof shall thereafter become taxable, leviable or chargeable under any legislation, the Customer shall pay to NIHOMA any such taxes, levies or charges as imposed by the authorities, in addition to all other sums payable to NIHOMA under this Agreement.

49.NIHOMA is entitled to charge Customer for the additional items as stated below;

​

​

​

A)                  Payment                                Late payment processing fee                                                                        RM 10.00                                                               transaction

​

​

​

​

​