EXTENDED WARRANTY AGREEMENT
The Extended Warranty Agreement (hereinafter referred to as “the Agreement” is made between Healthy World Lifestyle Sdn. Bhd. (hereinafter referred to as “Ogawa”) and the Purchaser of the Agreement (hereinafter referred to as “Customer”).
In consideration of the purchase price paid by the Customer to Ogawa, Ogawa will arrange repairs for the Customer, following break down of the declared equipment, during the period of the Agreement subject to an approval service provider undertaking repairs.
For the purpose of this Agreement, the following definitions apply:
- Approved service provider means an Ogawa Authorised Repairer.
- Beak down means manufacturing defects causing sudden and/or unforeseen stoppage and/or malfunction to the operation of the functions thereof which directly results in the necessary repair or replacement before it can resume work.
- Declared equipment means any equipment purchased by the Customer with this Agreement attached to it and agreed to be accepted by both Ogawa and the Customer.
- Delivery date means the date which the declared equipment is delivered to the Customer, which shall be a date agreed by both Ogawa and the Customer.
- Delivery locations means the place of delivery as specified by the Customer.
- Territory means Malaysia.
- Standard warranty period means the complimentary warranty period given by Ogawa, which begins from the delivery date until the expiry of one or two years (which will vary by its respective model and whichever is applicable)
Commencement and Term
The term of the Agreement shall begin upon expiration of the standard warranty period, i.e. one (1) or two (2) years (which will vary by its respective model and whichever is applicable), from the delivery date.
The coverage includes all the manufacturing defects during the terms of the Agreement. It does not cover normal wear and tear to the declared equipment whether exterior and interior, cosmetics parts, synthetic leather and synthetic leather on the side cover. During the term of the Agreement, any costs incurred for on-field service, in-house service, spare parts and labour shall be borne by Ogawa.
The Customer is required to provide the sales order number and/or any other proof of purchase when contacting the Ogawa Customer Service/Servicing Centre regarding the repai or case log-in of the declared equipment.
Ogawa will, at its sole discretion, schedule the approved service provider to repair (“On-Field Service”) or an authorised pick-up team to pick up (Take Back In-House Service”) (whichever applicable), the declared equipment from the Customer.
Ogawa approved service provider shall present to the Customer and/or his/her representative with Ogawa Uniform, Company Identity Card and Qualified Card as per below illustrations:
**if the Technician is found to be different from the below illustrations and if in doubt, please call to Ogawa Service Centre for confirmation.
Limitations and Exclusions
- Extended Warranty issued for declared equipment is only valid in the territory of original purchase. Once transited out of the territory, the warranty will no longer be valid and will be contingent upon the Customer operating according to the corresponding instruction manual.
- During the term of the Agreement, Ogawa will repair or replace any defective product/part, at its sole discretion.
- The extended warranty shall be immediately ceased and void if the product is found to be modified, improper installed, tampered and/or repaired by any unauthorised person including the Customer.
- The Extended Warranty shall exclude, but not limited to:
- Malfunction which is caused by circumstances beyond Ogawa’s control.
- Damages or malfunctions resulting from misuse, negligence or abuse by the Customer and/or any other person including but not limited to damage from liquids of any kind, transit, shipping and relocation damage, electric surges and/or incorrect voltage, product or components including remote controls falling onto the ground with reasonable impact, theft, vandalism, operation of the declared equipment contrary to what is detailed in the Owner Manual, any use by more than one person at a time, outdoor usage, damaged by household pets/rats, natural disasters (fire, flood, civil unrest, weather condition, exposure windstorm, corrosion) or other Acts of Gods.
- Normal wear and tear and all cosmetics damage, for e.g. synthetics leather or other exterior parts of the products e.g. plastics, upholsteries, exterior covering.
- Variations in colours from normal and natural changes over time.
- Difference between samples and photographs of any Ogawa products and the actual products purchased.
- Accessories (adapters, cable and etc.) or enhancement parts.
- Use of any other/additional item/product with the Ogawa Product which is not sold by Ogawa.
- Under no circumstances whatsoever shall Ogawa be liable for unnatural, intentional, incidental or consequential damages.
- Rental, business, commercial, institutional or other non-residential use.
- The Extended Warranty is non-transferable and shall operate together with any other warranty, express or implied, including but not limited to any implied warranty or merchantability or fitness for particular use.
- Ogawa’s sole liability towards the Customer shall be for the repair, for the replacement of the defective parts. Notwithstanding the above, if replacement parts for defective materials are not available, Ogawa reserves the right to make substitutions in lieu of repair or replacement. This shall be decided solely by Ogawa in view of tis expertise.
- After the declared equipment is repaired and Customer fails to collect and/or remain uncollected from Ogawa’s premises for more than six (6) months (approximately 180 days) from the date of which the Customer is notified by phone call, Ogawa reserves the right forfeit or dispose those items without further notice to the Customer. If the Customer requires to delay the collection and/or delivery of the said equipment, the approval must be granted by Top Management of Ogawa. And, Ogawa reserve the right to reject the Customer’s request for the said delay. Storage charges of Rm 3 each day of delay, will be charged, per item for the declared equipment and any other goods belonging to the customer.
- The Extended Warranty is not an “Exchange Policy” or a “Refundable Policy” for the declared equipment after it is sold to the Customer. If any defect is detected on the declared equipment after it is sold and during the Extended Warranty period, Ogawa will undertake to repair the said equipment and shall endeavour to ensure that the equipment to be in a good condition and/or useable conditions. In the event the declared equipment cannot be repaired and/or consists of the manufacturing defect which cannot be rectified, it will be reported to the Ogawa Quality Assurance Department (Malaysia) or Top Management for the next course of action which will be in the sole discretion of Ogawa.
- Ogawa reserves all rights to discontinue any products. In the event of such discontinuation, it will be within Ogawa’s sole discretions to repair the said discontinued product, if the said product has been sold to the Customer prior to the discontinuation.
- Ogawa reserves all final rights in the event of any disputes in relation to the Extended Warranty. Ogawa also reserves the rights to add, delete and/or amend any clause and/or wordings of the Agreement without any prior notice to the Customers.
Limit of Liability
The liability of both Parties to the Agreement in respect of any breach of this Agreement howsoever arising (whether in contract, tort, restitution, breach of statutory duty, misrepresentation or otherwise), and/or any representations and/or tortious act and/or omission (including negligence) arising under or in connection with the Agreement, shall be limited to the overall value of the contract.
Neither party shall be liable to the other for loss of profit, loss of goodwill, loss of business or any other special, indirect or consequential damage, suffered by the other party and which arises under or in connection with the Agreement.
Nothing in the Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence and/or fraud and/or fraudulent misrepresentation.
Each Party undertakes that it shall not at any time during the agreement and for a period of two (2) years after termination disclose to any person any confidential information disclosed to it by the other party concerning the business or affairs of the other party, except to its employees, officers, agents, consultants, or sub-contractors who need to know such information for the purposes of carrying out the party’s obligations under this agreement. This shall not include government and statutory obligations by both parties.
- Upon the expiry of the term of the Agreement, the Agreement shall thereby terminate.
- The Agreement may be terminated by Ogawa by the following reasons:
- non-payment of Extended Warranty Fees;
- breach of the Agreement by the Customer;
- fraud or misrepresentation by the Customer; or
- change in laws or regulations that has a material effect on the business of Ogawa or Ogawa’s ability to fulfil its obligations under the Agreement.
- The Agreement may be terminated by the Customer for the following reasons:
- Ogawa has not provided repairs to the Customer’s declared equipment upon request [subject always to all of the terms in the Extended Warranty]; or
- Breach of the Agreement by Ogawa [subject always to all of the terms in this Extended Warranty].
Obligations on Termination
In the event that the Agreement is terminated due to non-compliance by the Customer, Ogawa shall be entitled to forfeit the fees paid under the Agreement. Whereas, for any other reasons set out in the clause above, the Customer will receive a pro rata refund of the fees paid for the unexpired term.
Survival of Obligations
On termination of this Agreement the following clauses shall survive and continue in full force and effect:
- limitation of liability;
- obligations on termination; and
- governing law and jurisdiction
Neither party (or any person acting on its behalf) shall have any liability or responsibility for failure to fulfil any obligation under the Agreement so long as and to the extent to which the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of an occurrence of Force Majeure.
A party claiming the benefit of this provision, shall as soon as reasonably practicable after occurrence of a Force Majeure Event notify the other party of the nature and extend of such Force Majeure Event, and use all reasonable endeavours to remove any such causes and resume performance under the Agreement as soon as feasible.
For the purposes of this clause, a “Force Majeure Event” means an event beyond the control of a party (or any person acting on its behalf), which by its nature could not have been foreseen such party (or such person, or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of Gods, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared and undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Governing Law and Jurisdiction
This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the applicable law of the Territory, excluding its conflict of laws provision. The UN Convention for the sale of goods (“Wiener Kaufrechtsabkommen”) shall expressly be excluded.
The Parties irrevocably agree that the Courts at the seat of the defendant in the Territory shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.