TERMS OF PURCHASE

INTRODUCTION

1.      These TERMS OF PURCHASE (“Terms of Purchase”) govern the supply by Huawei Technologies (Malaysia) Sdn. Bhd. (Company Reg. No. 200101010193) (hereinafter as “Huawei”, “we” or “us”) trading as https://shop.huawei.com/my (“Site”) of any Product ordered by you on the Site.


2.      By agreeing to order a Product, you agree to be legally bound by these Terms of Purchase and agree to any use of your personal information, personal information provided by you or data collected under the Contract and the Terms of Purchase in accordance with the terms of Huawei’s Privacy Policy (https://shop.huawei.com/my/cmsContent?key=web_cms_privacy).


3.      In these Terms of Purchase:

"Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;

"Acknowledgment" means our acknowledgment of your Order by email;

"Confirmation of Order" means our email entitled “Payment Confirmed” to you, in which Huawei accept your Order in accordance with the section on “HOW A CONTRACT IS FORMED” below;

"Contract" means your Order of a Product or Products in accordance with these Terms of Purchase which Huawei accept in accordance with the section on “HOW A CONTRACT IS FORMED” below;

"Order" means the order submitted by you to the Site to purchase a Product from us;

"You" means the customer who places an Order;

Product(s)” means any Huawei branded products sold by Huawei on the Site from time to time;

End-User” shall mean a final purchaser who acquired Products for his/her personal use only and not for resale;

Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms of Purchase;

Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

References to "includes" or "including" or like words or expressions shall mean without limitation.


EFFECT

1.      You must be a registered company or business in Malaysia and possess a valid Malaysian bank account, issued by a bank acceptable to us to place an Order.


2.      These Terms of Purchase shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms of Purchase.


3.      These Terms of Purchase shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.


4.      No other terms or changes to the Terms of Purchase shall be binding unless agreed in writing signed by us.


HOW A CONTRACT IS FORMED


1.      When making an Order, you must register for an Account on the Site and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.


2.      Upon selecting a Product that you wish to Order, you will then be shown on the Site the charges you must pay including taxes, and any applicable delivery charges. Payment must be made by you within72 hours after making an Order, otherwise the said Order will be automatically cancelled. All charges are in Ringgit Malaysia. You shall pay for the Product in full at the time of ordering by the following payment method:-


Ø  FPX, Financial Process Exchange (Maybank, Ambank, CIMB, RHB, HSBC, OCBC, UOB, BSN, Standard Chartered, Hong Leong, Public Bank)


3.      You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct and accurate, that the debit card, or account or other payment method which you use is your own (in the company or business name as registered under your Account) and that there are sufficient funds or credit facilities to cover the cost of the Product. Huawei reserve the right to obtain validation of your payment details before providing you with the Product.


4.      When you submit an Order to the Site, you agree that you do so subject to these Terms of Purchase current at the date you submit your Order. You are responsible for reviewing the latest Terms of Purchase each time you submit your Order.


5.      Your Order remains valid as an offer until Huawei issue its Confirmation of Order or, if earlier, when Huawei receive your notice revoking your Order.


6.      Huawei shall not be obliged to supply the Product to you until Huawei have accepted your Order. Unless expressly stating that Huawei accepts your Order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, Huawei may give you an Order reference number and details of the Product you have ordered. Huawei may in its discretion refuse to accept an Order from you for any reason, including unavailability of supplies or Huawei may offer you an alternative Product (in which case Huawei may require you to re-submit your Order first).


7.      A Contract shall be formed and Huawei shall be legally bound to supply the Product to you when Huawei accept your Order. Acceptance shall take place when Huawei expressly accept your Order by a Confirmation of Order email to you called "Payment Confirmed ", stating that Huawei are accepting your Order. The Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, Huawei may send an invoice to you at any time after Huawei have accepted your Order. Until the time when Huawei accept your Order, Huawei reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If Huawei or you have cancelled your Order before Huawei have accepted it, then Huawei will promptly refund any payment already made by you or your debit card company to us for the order of the Product.


8.      If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Huawei hotline at 1-800-22-3366, or email at support.my@huawei.com, immediately. However, Huawei cannot guarantee that Huawei will be able to amend your Order in accordance with your instructions.


9.      Whilst Huawei endeavours to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Huawei as part of its acceptance procedure. If the price for the Order changes before Huawei accept your Order, Huawei will contact you and ask you to confirm that you wish to proceed at the amended price.


10.   A Contract will relate only to those Products whose dispatch Huawei have confirmed in the Confirmation of Order. Huawei will not be obliged to supply any other Products which may have been part of your Order until Huawei have sent a Confirmation of Order in relation to those Products.


11.   You must only submit to Huawei or its agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.


DELIVERY


1.      Huawei aims to deliver the Product to you at the place of delivery requested by you in your Order.


2.      Please note that it might not be possible for us to deliver to some locations. If this is the case, Huawei will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.


3.      The delivery date indicated by Huawei in the Confirmation of Order is only an estimate. Huawei cannot promise any firm delivery date when you submit your Order or at the Confirmation of Order. Huawei will aim to deliver within the stipulated time frame of any Order, but Huawei cannot guarantee any firm delivery dates.


4.      Huawei shall aim to let you know if Huawei expect that Huawei are unable to meet its estimated delivery date, but, to the extent permitted by law, Huawei shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.


5.      On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.



6.        All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Huawei will not be liable for loss or destruction of the Product.


7.        If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not within one (1) week of Huawei’s first attempt to deliver the Product to you accept delivery or collect the Product from the carrier, then Huawei may (without affecting any other right or remedy available to us) do either or both of the following:

a)      charge you for Huawei reasonable storage fee and other costs reasonably incurred by us; and/or

b)      no longer make the Product available for delivery or collection and notify you that Huawei are immediately cancelling the applicable Contract, in which case Huawei will refund to you or your debit card company as applicable any money already paid to us under the applicable Contract, less Huawei reasonable administration charges (including for attempting to deliver and then returning the Product).


CANCELLATION

1.      Huawei may cancel a Contract if the Product is not available for any reason. Huawei will notify you if this is the case and return any payment that you have made.

2.      Huawei will usually refund any money received from you using the same method originally used by you to pay for the Product.