PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Retail Purchaser End User Agreement ("Agreement") governs your retail purchase and use of Dell branded computer systems and/or related products and/or services and support sold in Malaysia ("Product"). BY PURCHASING AND USING THE PRODUCT, YOU ("CUSTOMER") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT, AND YOU MAY RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE (subject to its return policy).
1. OTHER DOCUMENTS
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both the Customer and Dell.
2.1 Unless specified otherwise, Dell warrants to the Customer that Dell-branded Products (excluding third party products and software) will from invoice date be free from defects in materials and workmanship affecting normal use for a period of one year (“Standard Warranty”).
2.2 This 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 Dell, 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 Service Tags or serial numbers; any attempt by any person other than Dell personnel or any person authorized by Dell, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Dell. The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product through Dell's Custom Factory Integration (CFI) program; accessories or parts that are not installed in the Dell factory or added by any person other than Dell personnel or any person authorized by Dell; or third party products purchased under Dell Software & Peripherals (S&P) Program.
2.3 Return Policies; Exchanges. Returns and exchanges are governed by the policies of the retailer where you purchased the Dell branded Product.
2.4 Dell does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
3. SERVICE AND TECHNICAL SUPPORT
In respect of Dell-Branded Products Dell will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect as set out at http://www.dell.com/ap/TandC/my/en/index.htm. Service and support offerings may vary from product to product. Dell has no obligation to provide service or support until Dell has received full payment for the service/support contract purchased by Customer. Dell is not obligated to provide third-party branded service or support. It is Customer’s responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support)
4.1 Dell 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.
4.2 To the extent permitted by law and subject to clause 4.7, Dell's total liability herein in respect of each event or series of connected events shall not exceed the purchase price paid by Customer for the applicable Product
4.3 The Customer shall indemnify Dell and keep Dell 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.
4.4 To the extent permitted by law, Dell and Customer agree that Dell 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 Dell in service contracts are approximate only.
4.5 Customer further agrees that to the extent permitted by law Dell shall not be liable to the Customer for a) any 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 Dell has been advised of their possibility.
4.6 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 Dell shall to the extent permitted by law be subject to correction without any liability on the part of Dell.
4.7 Where under any applicable law, implied conditions and warranties cannot be excluded, Dell's liability for breach of such conditions and warranties shall be limited, at Dell'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.
5. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
6. EXPORT RESTRICTIONS
Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Products. Dell and Customer acknowledge that the Product(s) licensed or sold are subject to export control laws and regulations, including those of the countries from which they were supplied and in which they are used and agrees to abide by those laws and regulations. The Products may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer and Dell agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party’s violation or alleged violation of the applicable export laws, regulations and orders.
7. 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.
8.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
8.2 No Waiver No failure or delay on Dell’s part in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
Revised August 2008