Terms and Conditions of Sale (Terms and Conditions)
PLEASE READ THESE TERMS CAREFULLY! By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.
1. Application. These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from Dell or of Dell products, software, services or support (“Product”) in the Malaysia.
2. Additional Terms. The Terms consist of this document and Dell’s:
a. 14-Day Return Policy,
b. License Agreements (for software purchases),
c. Consumer Service Contracts (for services purchases),
d. Privacy Statement (describing how Dell collects, uses and shares your personal information), and
e. Site Terms (governing your use of Dell’s website).
3. Orders, Acceptance and Cancellation. Your order is an offer to buy. Dell may send an order confirmation email to acknowledge receipt of your order, but Dell does not accept your order until we send you notice that the Product has shipped. Dell may process payment for and ship parts of an order separately. Dell reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
4. Pricing and Availability. Prices and promotions are subject to change. Dell strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
5. Taxes and Fees. Unless you provide Dell with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
6. Shipping. Unless shipping and handling charges are included in your order prices, you are responsible to pay all applicable shipping and handling charges. Product title passes to you when the Product ships. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Dell is not responsible for any visible shipping damages not noted on the delivery receipt.
7. Warranty. Unless specified otherwise, Dell gives a standard warranty for Dell-branded hardware. The warranty covers defects in materials and workmanship affecting normal use.
7.1 Warranty Period. The warranty period is for 1 year, or such other shorter or longer period indicated on your order invoice. The period starts from the date of invoice. For products purchased from third-party retailers or resellers, the warranty period starts from the date of the original sales receipt.
7.2 Warranty Exclusions. The 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 authorised by Dell, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Dell. The 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 after it is shipped from Dell; 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 third party products purchased under Dell Software & Peripherals (S&P) Program.
7.3 Warranty Remedies. During the warranty period if Dell determines that the product is defective, Dell will repair or replace the defective products. You must return the defective product to Dell's facility. You must pay for shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Dell will pay for shipping charges for the repaired or replacement products to you. The warranty period does not extend if we repair or replace a defective product.
7.4 Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, DELL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-DELL BRANDED PRODUCT, WHICH ARE PROVIDED "AS IS," AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS.
8. Receiving Warranty or Service Support. IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). DELL AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY DELL OR YOUR-THIRD-PARTY SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned. Dell will provide general service and technical support to you in accordance with the then-current service and technical support policies in effect.
9. Telephone Communications. Telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.
10. Limitation of Liability. In no event will Dell be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dell has been advised of the possibility of such damages. YOU AGREE THAT DELL’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE.
11. Purchases may not be resold or exported. Your purchase is for your own use, not for resale, export, re-export or transfer. Your purchase is subject to and you are responsible for compliance with the export control and economic sanctions laws of the United States, Malaysia and other applicable jurisdictions (“Export Laws”). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.
12. Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND DELL WILL BE GOVERNED BY THE LAWS OF MALAYSIA, WITHOUT REGARD TO CONFLICTS OF LAW.
Version: Nov 2019