“Agreement” means the completed Application Form and the terms and conditions herein contained.
“Application Form” means the application form and/or any other form as may be prescribed by TNBES to which these terms and conditions are referred to.
“Customer” means the person, firm, company or corporation by whom the order is given;
“Device” means any devices for the System ordered by the Customer as per the Application Form to enable usage of the System.
“Installation Address” means the address specified by the Customer in the Application Form where the System will be installed.
“System” means TNBES home energy management system known as MAEVI.
“TNBES” means TNB Energy Services Sdn. Bhd. (Company No. 424407-M), a company incorporated under the laws of Malaysia and having its registered address at Pejabat Setiausaha Syarikat, Tingkat 2, Ibu Pejabat Tenaga Nasional Berhad, No. 129, Jalan Bangsar, 59200 Kuala Lumpur, Malaysia.
Words and expressions denoting the singular include plural numbers and words and expressions denoting the plural shall include the singular number unless the context otherwise requires.
Words and expressions denoting natural persons include bodies corporate, partnerships, sole proprietorship, joint ventures and trusts. The expression “him” or any other expressions appear herein shall be deemed to include the masculine, feminine, plural thereof where the context so admits.
2.1 All orders must be made in writing and are accepted subject to the terms and conditions herein contained (hereinafter referred to as the “T&C”).
2.2 This T&C shall constitute the sole terms and conditions between TNBES and the Customer. No terms or conditions put forward by the Customer and no representations, warranties, guarantees or statements other than those stated herein shall be binding on TNBES, unless agreed to in writing by TNBES.
3.1 This Agreement shall be effective upon the date of submission of the Application Form together with the required documents, which shall include but not limited to, a copy of payment slip as proof of full payment made by the Customer in the amount as stated in the Application Form.
3.2 TNBES reserves the right to reject or decline any application if the information and documents given are found to be incorrect or incomplete.
4.1 Unless otherwise arranged or provided to the Customer, the Customer shall make full payment solely via electronic fund transfer originating from or cheque drawn on the Customer’s account.
4.2 Failure on the part of the Customer to make full payment in the manner as stipulated in Paragraph 4.1 above, TNBES shall have the right not to proceed with the order and the installation of the System for the Customer.
5.1 Unless otherwise arranged or provided to the Customer, upon receipt by TNBES of the Application form and the required documents from the Customer, TNBES and/or its appointed contractor shall fix an appointment date with the Customer for the installation of the System at the Installation Address by TNBES and/or its appointed contractor.
5.2 The party may change the appointment date as agreed, provided always that prior written notification has been given by the party to the other party at least seven (7) days before the agreed appointment date.
5.3 In the event the installation cannot be done on the agreed appointment date due to reasons not attributable to TNBES or outside of TNBES’ reasonable control including, without limitation: (i) Force Majeure event; or (ii) any cause attributable to the Customer, TNBES and/or its appointed contractor has the right to suspend the installation and shall resume the installation work after a written notification is given to the Customer. All costs in connection with such suspension due to circumstances attributable to the Customer shall be borne by the Customer.
6.1 The Customer undertakes to inform TNBES if any change of the Customer’s information provided earlier to TNBES within fourteen (14) days of such changes. Failure by the Customer to notify TNBES of such changes shall be a waiver of the Customer’s right including the right to be notified under this Agreement as the case may be.
7.1 The Customer understands that by submitting the Application Form, The Customer is providing information to TNBES including personal data as defined in the Personal Data Protection Act 2010 (“PDPA 2010″).
7.2 TNBES shall ensure that it complies with TNB Personal Data Protection and any applicable law regulating the personal data protection in Malaysia, including but not limited to the PDPA 2010 and shall process the personal data only for the performance of this Agreement. For the purpose of information and notification, TNB’s Personal Data Protection Policy can be access at www.maevi.com.
7.3 TNBES shall take reasonable steps to ensure that its agents, service providers, business partners and/ or permitted assigns comply with this clause when processing any personal data on behalf of TNBES.
7.4 The Customer hereby agrees for TNBES to transfer the personal data outside Malaysia if it may be necessary for the performance of this Agreement.
8.1 The Customer hereby warrants that:
(a) He has the legal capacity to enter into this Agreement and is not a minor; and
(b) If the Customer is a body corporate, it has the required corporate authority to enter, execute and be bound by the terms and conditions of this Agreement.
8.2 The Customer acknowledges that:
(a) He has read and fully understood all the terms and conditions of this Agreement upon the signing of the Application Form and agrees to be bound by the same upon TNBES accepting the application;
(b) The details provided to TNBES in the Application Form are true, genuine and contain the latest information and allows TNBES to conduct independent verification of the same with any organization or body.
9.1 The Customer undertakes and agrees to indemnify, save and hold harmless TNBES at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement of copyright or other intellectual property rights or death, bodily injury or property damage howsoever arising which TNBES may sustain, incur or pay, or as the case may be, which may be brought or established against TNBES by any person including a company or corporation whomsoever arising out of or in connection with or by reason of the operation, provision or use of the System and/or equipment under and pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customer, servants or agents.
9.2 The Customer understands that the System is provided on best effort basis. TNBES shall use its best endeavours to ensure the continuity and efficiency of the System at all times but shall not be liable for any loss, damage, consequential or otherwise, arising out of any failure of the System caused unless such default, error, omission or loss is due to the wilful neglect or wilful fault of TNBES. Notwithstanding the aforementioned, the extent of TNBES’ liability shall be limited by correcting the failure of the System only
10.1 The Devices provided by TNBES are covered by a warranty of:-
(a) Twelve (12) months; or
(b) Twenty (24) months,
depending on the type of the Devices. The warranty period shall begin on the date of purchase of brand new, unused devices by the Customer from TNBES.
10.2 If, within the warranty period, the product is determined to be defective due to improper materials or workmanship, TNBES will, without charge for labours or parts, repair or replace the Devices or its defective parts.
10.3 The following cases shall not covered by the above mentioned warranty:
(a) Faults resulting from improper use. Proper use for the purposes of this warranty is defined as use of the Devices under the conditions stated in the instructions for use.
(b) Faults due to tear and wear.
(c) Any modification of the Devices effected by the Customer or third party, unless TNBES has given its prior written consent to the nature and extent of the modification.
(d) Faults due to Force Majeure event.
(e) Minor faults or deviations in the quality of a product which do not affect the Devices’ value or fitness for its intended purpose.
(f) Any accessories supplied with the Devices.
10.4 All warranty claims shall become void if the Devices are tampered with by unauthorised persons or repair shops. The warranty shall be voided by removal or alteration of identification labels, serial numbers or safety labels on the Devices or its parts.
12.1 TNBES shall reserves the right to amend the terms and conditions herein contained at any time if amendment is reasonably necessary in the interest of the System and the Customer shall be bound by the amended terms and conditions. Notice of the amendment may be given by TNBES to the Customer in such manner as TNBES deems appropriate.
16.1 No delay or indulgence by TNBES in enforcing any term or condition of this Agreement or granting of time by TNBES to the Customer shall prejudice the rights or powers of TNBES under this Agreement or at law.16.1 No delay or indulgence by TNBES in enforcing any term or condition of this Agreement or granting of time by TNBES to the Customer shall prejudice the rights or powers of TNBES under this Agreement or at law.
16.2 Failure by TNBES to exercise any part or all of its rights under the terms and conditions of this Agreement or any partial exercise shall not act as a waiver of such right nor shall any waiver by TNBES of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
17.1 All notices, requests or other communications required or permitted to be given or made here under shall be in writing and delivered either by hand, or sent by prepaid registered post at his address set out in the Application Form or to such other address as any party may from time to time duly notify to the other party.
18.1 Neither party shall be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind, electricity or power failure, cable cut , fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom neither party is responsible or any other cause whether similar or dissimilar outside either party’s control (hereinafter referred as “Force Majeure event”).
19.1 This Agreement shall be governed and construed in accordance with the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.