Our Terms And Conditions
TERMS AND CONDITIONS OF SERVICE
“EQUILIBRIUM” means the EQUILIBRIUM SOLUTION (M) SDN. BHD. is a company selling products and/or providing services to the Customer as identified in EQUILIBRIUM’s Quotation or Invoice or Cash Bill.
“Customer” means the person or legal entity identified in EQUILIBRIUM’s Quotation or Invoice or Cash Bill.
“Contract” means a contract for sale by EQUILIBRIUM 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 EQUILIBRIUM.
“Price” means the price as per EQUILIBRIUM Quotation and Invoice and Cash Bill shall have precedence.
“Product(s)” means the products as described in EQUILIBRIUM Quotation and Invoice and Cash Bill and may include branded products, third party products and Service Offerings.
“Service Offering(s)” means the different service options offered by EQUILIBRIUM with given period or without any given period of time.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the Customer’s order has been accepted by EQUILIBRIUM. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither EQUILIBRIUM’s acknowledgment 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.
2.3 All Contracts are based on a Yearly Basis.
2.3 Early termination will result in a penalty 20% of remaining months.
3. REFUND OR EXCHANGE OR RETURN POLICY
3.1 EQUILIBRIUM do not provide any refund to the product and/or service purchased at any given time. Customer should be aware to what they want before purchasing.
3.2 EQUILIBRIUM do not exchange any products or services once the customer has purchased it. Unless if the product is DOA (Dead on Arrival).
3.3a (SPECIAL CASE) Refund is based on approval by the Management of EQUILIBRIUM.
3.3b Refund process will take approximately 7 to 14 working days
3.4 EQUILIBRIUM do not provide any return policy once the product has been sold.
4. WARRANTY AND CLAIM
4.1 All warranty is governing or followed by the manufactures and/or supplier and or distributer of the products. EQUILIBRIUM do not provide or be in liability of any warranty claims.
4.2 All claims will follow the procedure of the manufactures and/or supplier and or distributer of the products.
4.3 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 EQUILIBRIUM, 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 EQUILIBRIUM personnel or any person authorized by EQUILIBRIUM, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by EQUILIBRIUM.
5. SERVICE AND TECHNICAL SUPPORT
5.1 All services and technical support will be billable; EQUILIBRIUM reserved the rights to not provide any service and technical support until EQUILIBRIUM has received full payment for the Product or service/support contract for which service or support is requested.
5.2 All services and technical support must be done by EQUILIBRIUM personals only, or authorized dealers.
6.1 EQUILIBRIUM shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
6.2 To the extent permitted by law and subject to clause (6.6), EQUILIBRIUM’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.
6.3 The Customer shall indemnify EQUILIBRIUM and keep EQUILIBRIUM 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 willful 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.
6.4 To the extent permitted by law EQUILIBRIUM and Customer agree that EQUILIBRIUM 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 EQUILIBRIUM in service contracts are approximate only. EQUILIBRIUM 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 EQUILIBRIUM has been advised of their possibility.
6.5 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 EQUILIBRIUM shall be subject to correction without any liability on the part of EQUILIBRIUM.
6.6 Where under any applicable law, implied conditions and warranties cannot be excluded, EQUILIBRIUM’s liability for breach of such conditions and warranties shall be limited, at EQUILIBRIUM’s option, to:
(a) 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 (b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
7. ORDERS, PRICE AND PAYMENT
7.1 Unless credit terms have been expressly agreed by EQUILIBRIUM, payment for the Products or services shall be made in full before physical delivery of Products or services.
7.2 Customer shall pay for all shipping and handling charges.
7.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
7.4 Time for payment is of the essence. EQUILIBRIUM reserves the right to charge interest at the rate of 15% per annum on sums overdue.
7.5 EQUILIBRIUM reserved the rights to not give any discount to any products or services.
7.6 ALL PRICE ARE INCLUSIVE GOODS AND SERVICE TAX
8. TITLE AND RISK
8.1 Title to and risk in the products shall pass to the Customer upon delivery of the Products to Customer. Title to those Products, which are software, shall remain with the applicable licensor(s) at all times.
8.2 EQUILIBRIUM will not be hold accountable.
9.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that EQUILIBRIUM does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
9.2 All rights, title or interest in respect of the intellectual property rights in the software remain with EQUILIBRIUM or the licensor of the software at all times.
9.3 EQUILIBRIUM will only install and/or sell OEM Software’s and/or ORIGINAL SOFTWARES, EQUILIBRIUM reserved the rights to reject any not OEM software’s and/or ORIGINAL SOFTWARES which are installed on the system.
9.4 EQUILIBRIUM will not bare for any labilities or fines if the customer’s system has breach the software piracy act.
10.1 All Products and/or Services have delivery charges; all delivery charges are based on the distance of the delivery address.
10.2 EQUILIBRIUM do not provide any free delivery to any customer.
10.3 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 EQUILIBRIUM at any given time. EQUILIBRIUM has the rights to charge customer in the event of any RMA or claims that requires delivery thru and flow.
10.3 Any dates quoted by EQUILIBRIUM for the delivery of the Products are approximate only and shall not form part of the Contract. EQUILIBRIUM shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.
11. BACK TO BACK ORDERS AND SERVICES
11.1 EQUILIBRIUM reserved the rights to not explain and/or show what are the products or service being provided to the customer if not asked or requested. Customers will have the rights to do their own research of the products or service request before placing any orders or purchasing.
11.2 If in the event the products require EQUILIBRIUM to do a back to back order, EQUILIBRIUM reserved the rights 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.
11.3 Once Customer Have Confirm the order via the Signed Quotation and/or Delivery Order, the order cannot be canceled.
12.1 EQUILIBRIUM 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.
12.2 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 EQUILIBRIUM before the sales has been deem final.
12.3 All Tax Invoice and Cash bill are deeming as final sale and/or confirmation Once Printed and signed by the customer, All Terms and Condition will be applied
12.4 EQUILIBRIUM reserved the rights to amend or change any terms and condition at any given time without any prior notice.
13. SEALED PRODUCTS
13.1 Once the Sealed product is Broken, customer will have to bear the full price of the product, and the term “ONCE BROKEN CONSIDERED SOLD “will be applied.
13.2 No refund will be provided or exchangeable if the sealed products are broken.
13.3 This term applies if the customer has request EQUILIBRIUM personal to build a custom PC or Laptop or replace an item and/or part.
13.4 This term also applies for Original Software(s) “ONCE OPEN OR INSTALLED IS CONSIDERED SOLD”
14. ACCEPTANCE OF PRODUCTS
14.1 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.
14.2The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by EQUILIBRIUM.
15.1 Customer have the rights to cancel a purchase and/or service before the DELIVERY ORDER OR QUOTATION has been sign.
15.2 a) In the case of services, if EQUILIBRIUM personal is onsite at customer(s) location and then customer wishes to cancel the service request after EQUILIBRIUM personal have arrived at customers location, the customer will have to bear 50% of the stated price of the services, b) In the case of products, if the product have been assemble or taken out of a sealed box or have been run or have software’s installed, customer will bear the full price and the products will be given to the customer unless if the product has not been out of the box or the sealed box is not broken or it has not been run or there is no software’s installed, customer don’t have to bare any cost and the cancelation will be accepted if any deposit is given it will be refunded back based on the refund policy mention above (3.3a and 3.3b).
15.3 Monthly Renewal are based on a 1 year Contract, any early cancelation will result in a penalty which will be calculated as such, 20% of the remaining months.
16. GOVERNING LAW
16.1 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.