Thank you for visiting Lenovo Technology Sdn Bhd website [https://www3.lenovo.com/my/en] ("Lenovo").
Please read the agreement(s) below carefully. Lenovo will accept your order only after you have accepted the terms of each such agreement.
If you agree with the terms of such agreement(s), please click in the check box just above the "Order" button to indicate your acceptance. You may then complete the processing of your order by selecting the "Order" button.
Thank you for your interest in Lenovo Technology Sdn Bhd ("Lenovo") Products and / or Services (as defined in the Section titled "Definitions" below). Please note that Lenovo reserves the right and discretion to refuse your order. Lenovo will accept your order only if (1) you accept the terms of this Lenovo Sales Agreement ("Agreement"); (2) you provide valid information as required by Lenovo for this transaction, including but not limited to your "ship to" address within Malaysia excluding the regions of Langkawi, Labuan, Tioman; and (3) the Product and/or Service is available.
All transactions pursuant to this Agreement will be exclusively governed by applicable Malaysia law, including but not limited to the Sale of Goods Act 1957 ("SOGA") and Consumer Protection Act 1999 ("CPA"), and subject to the terms and conditions of this Agreement.
You will be deemed to have placed an order in accordance with the terms of this Agreement, and accepted the terms of this Agreement if:
- when ordering a Product online, you click on the relevant buttons indicating your acceptance of the terms of this Agreement, and complete your transaction;
- when ordering by any other means, you open the package containing the Product; or
- When ordering Services subject to this Agreement, you accept the terms of this Agreement when ordering the Service and according to the acceptance procedures in the applicable Services attachment.
A Product or Service becomes subject to this Agreement when Lenovo accepts your order by either (1) shipping the hardware Product or making the software Product available to you, or (2) providing the Service. Confirmation of Lenovo's receipt of your order does not constitute Lenovo's acceptance of your order.
Where your order has been accepted by Lenovo, this Agreement, including the associated warranty statements, license agreements, and its applicable attachments, will represent the complete agreement between you and Lenovo regarding your purchase of Products or Services, and replaces any prior oral or written communications between you and Lenovo. Any additional or different terms in any order or written communications from you are void.
If there is a Lenovo Customer Agreement or equivalent agreement in effect between us, then that agreement governs this transaction rather than this Agreement.
If you acquired your Lenovo Product or Service through a Lenovo reseller, the terms of this Agreement do not apply.
A "Product" is any Lenovo or third party hardware or software which is provided to you by Lenovo under this Agreement. Hardware products include computers and options or accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.
A "Service" is the performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) made available to you by Lenovo.
2. Orders, Price and Payment
Unless credit terms have been expressly agreed by Lenovo, payment for the Products or Services shall be made in full before the physical delivery of Products or the provision of Services.
Lenovo will encrypt your card data to minimize the risk of unauthorized access. Lenovo will request pre-authorisation on your card to ensure that there are sufficient funds available to complete the transaction, once it receives your order. Lenovo will not confirm your order until this pre-authorisation check has been completed. Your card will be debited once we have confirmed your order. Cards are subject to validation checks and authorization by the card issuer. Lenovo will not be liable for any delay or non-delivery of Products due to any failure to receive the required pre-authorisation.
Lenovo shall have the discretion to withhold delivery of Products and/or provision of services until full payment has been processed.
Where applicable, prices are inclusive of GST (0%). Delivery costs will be charged in addition where applicable, such additional charges will be clearly displayed and included in the final total. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
By clicking the "Order" button, you confirm that the card belongs to you and you have sufficient funds or credit facilities to bear the cost of the Product.
While Lenovo makes best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If Lenovo discovers an error in the price of any Products which you have ordered, Lenovo will inform you of this as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your order before we have shipped it to you, and you have already paid for your order, you will receive a full refund.
Lenovo is under no obligation to fulfill your order if the price listed on the Site is incorrect, regardless of whether Lenovo has acknowledged your order.
If you are paying by credit card and Lenovo has charged your credit but subsequently canceled your order, Lenovo will promptly issue a credit to your credit account for the amount charged. Any authorizations placed on your credit card can take up to 30 days to reverse, depending on the credit card issuer. Please contact your financial institution for their specific timeframes in relation to the reversal of such authorizations.
Lenovo will only accept credit cards with a billing address within Malaysia.
Please note the following:
- Lenovo does not ship to Post Office ("PO") boxes.
- Lenovo will only accept credit cards with a minimum validity period of 3 months.
- If you have any questions regarding your order, please call 1800 - 88 - 7148 for assistance.
- A pre-authorization of fee of RM1 will be charged to your credit card before Lenovo authorizes the deduction of the full amount. This is for validation purposes only, and will be released back to your account upon completion of the validation. Please note that different products have different lead times. As such, you may expect multiple deliveries, which will not result in additional shipping charges being incurred by you.
- For the avoidance of doubt, the estimated date of delivery is just a reference, and is not a promised date. The actual date of delivery may change due to the supply status of the Product or Service.
3. Return/Exchange Policy
Configured-To-Order ("CTO"): Lenovo will not make refunds, accept returns and allow exchanges for all CTO products.
Fixed Configuration: You have up to 10 calendar days from the time you receive your item(s) to initiate a return/exchange. To initiate a return/exchange, please send a mail to email@example.com.
Defective or Dead-on-arrival: For quality related returns (defined as Dead On Arrival, Missing, Wrong, Damaged, or Cosmetic ("MWDC") issues & 7 or more dead pixels), customers are allowed a full refund of their purchase price.
Non-Quality Issues: In the event you choose to return your product or do an exchange due to non-quality related reasons, Lenovo will consider your request but will have the absolute discretion to decide whether to allow the same. All returned items should have the original packaging intact and products unused. Lenovo's decision will be final & no appeals will be entertained. In the event Lenovo decides to allow the return/exchange of your product upon satisfactory inspection of the returned unit, Lenovo reserves the right to charge you a 25% fee for any opened unit (per unit) and a 15% fee closed box returns (per unit).
Software and Peripherals: Software and peripheral Products which are purchased as part of a packaged Product offering (i.e. Lenovo personal computer and/or tablet Products) ("Packaged Product") can only be returned for the purposes of an exchange or refund in its packaged entirety, along with the relevant invoice, and Lenovo will not allow an exchange or refund of individual items where were purchased as part of a Packaged Product.
A software and/or peripheral Product which was not purchased as a Packaged Product ("Individual Product") can only be exchanged for a Product with the same specifications, if a defect in the Product is proven. Lenovo does not provide refunds or credits for any Individual Products with proven defects, and in such a situation, Lenovo will instead conduct a one-to-one exchange for your defective Individual Product.
Where it is impractical to effect a one-to-one exchange for any Individual Product or a part of a Packaged Product, Lenovo reserves the right to replace the defective Product with a Product which is of similar or equal value.
4. Lenovo Warranties:
Lenovo hardware Products are covered under the specific warranty accompanying each Lenovo hardware Product (the "Lenovo Limited Warranty").
UNLESS OTHERWISE AGREED, ALL SOFTWARE, SERVICE, SUPPORT ARE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. ALL THIRD PARTY PRODUCTS AND SERVICES ARE AND WILL NOT BE COVERED UNDER THE LENOVO LIMITED WARRANTY, OR ANY OTHER WARRANTY GIVEN BY LENOVO.
All Product images as seen on the Site may be slightly different from the actual Product you receive.
However, Lenovo may, where specified and provided for in the applicable software license agreement, provide warranty for Lenovo software. Third party manufacturers, suppliers, service providers or publishers may provide their own warranties to you.
5. Title and Risk of Loss
Where payment is made in full prior to the physical delivery of the hardware Products, Lenovo will transfer the title to a hardware Product to you when Lenovo ships the hardware Product from Lenovo's warehouse.
However, where credit terms are agreed, and the product is shipped before full payment is received, Lenovo reserves a right of disposal of the hardware Product until Lenovo receives all outstanding amounts due.
For the avoidance of doubt, Lenovo does not transfer title to software Products.
Lenovo bears the risk of loss for the hardware Product until it is delivered to the location you specified in the order. Thereafter, you assume the risk.
The Product(s) shall be deemed to have been delivered to you when either you or your designated receiver of the Product(s) has signed for receipt of the Product (or in circumstances where either you or your designated receiver is unable to sign for receipt, Lenovo may agree to your signed receipt pursuant to an enterprise chop or other legally authorized chop).
(a) Neither you nor Lenovo, including Lenovo's subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise: 1) third-party claims for damages; 2) loss of, or damage to, data; or 3) special, incidental, or indirect damages or for any economic consequential damages of any kind; and 4) lost profits, business, revenue, goodwill or anticipated savings. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
(b) Circumstances may arise where, because of a default on Lenovo's part or other liability, you are entitled to recover damages from Lenovo. In each such instance, regardless of the basis on which you are entitled to claim damages from Lenovo (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except as expressly required by law without possibility of contractual waiver or limitation, Lenovo is liable for no more than: 1) damages for bodily injury (including death) and damage to real property and tangible personal property; and 2) the amount of any other actual direct damages, up to the amount you paid for the Product or Service that is the subject of the claim. This limit also applies to any of Lenovo’s subcontractors, suppliers and program developers, and is the maximum amount for which Lenovo and its subcontractors, suppliers and program developers are collectively responsible.
(c) Subject to paragraphs 7(a) and 7(b), if a third party claims that a Product provided by Lenovo under this Agreement infringes that third party's patent or copyright, Lenovo will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1) promptly notify Lenovo in writing of the claim; and 2) allow Lenovo to control, and cooperate with Lenovo in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit Lenovo to enable you to continue to use the Product, or to modify it, or replace it with one that is at least functionally equivalent. If Lenovo determines that none of these alternatives is reasonably available, you agree to return the Product to Lenovo on Lenovo's written request. Lenovo will then grant you a credit equal to the amount you paid for the Product. Lenovo has no obligation regarding any claim based upon: 1) anything you provide which is incorporated into, or combined with a Product; 2) your modification of a Product; or 3) in relation to a CTO Product, Lenovo's compliance with your specifications or requirements.
8. Intellectual Property
All content included in or made available through the Site, such as logos, graphics, button icons, digital downloads, audio clips, images, campaign titles and data compilations is the property of Lenovo or its content suppliers and is protected by copyright laws.
You may display, store and print the content supplied only for your own personal use. You are not permitted to distribute, publish, manipulate or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
If you print, copy, download or otherwise use any part of this Site in breach of these Terms and Conditions, your right to use the Site will immediately cease and you must, at Lenovo's option, return or destroy any copies of the materials you have made. You shall not reverse engineer, decompile, disassemble, modify, translate or create derivative works of the Site.
Logos, graphics, button icons, page headers, scripts, and service names included in or made available through the Site are trademarks of Lenovo in Malaysia and other countries. Lenovo's trademarks must not be used in connection with any product or service that is not provided by Lenovo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lenovo. All trademarks not owned by Lenovo that appear on the Site are the property of their respective owners.
You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from Lenovo or its licensors. In the event Lenovo becomes aware of any infringement of its intellectual property rights, it reserves the right to take legal action against you.
9. Force Majeure
Lenovo shall not be liable to you for any breach, hindrance or delay in the performance of its obligations attributable to any cause beyond its reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action;
(b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(d) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(collectively, "Force Majeure Event")
In the circumstance that the Force Majeure Event lasts for more than one month, either you or Lenovo may terminate this Agreement forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
Except as explicitly stated otherwise, any notices to Lenovo shall be given by certified mail, postage prepaid and return receipt requested to:
Lenovo Technology Sdn Bhd
Level 3, Tower A&B, Uptown 5, 5, Jalan SS 21/39 Damansara Uptown 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia
Additionally, any notices to you shall be provided to you through the Site or given to you via the email address you provide to Lenovo. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Lenovo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Lenovo. In such case, notice shall be deemed given 3 days after the date of mailing.
(a) Lenovo may change components or parts of a hardware Product without notice, due to the availability of such components or parts or Lenovo's policy of on-going product up-date and modification, provided that the components or parts provide equal or better performance. Such changes will be at no additional cost to you, and will not affect the hardware Product Lenovo Limited Warranty. You accept that Lenovo's policy may result in differences between the specification of Products delivered to you and the specification of Products ordered.
(b) The Products and/or Services provided to you pursuant to this Agreement must not be resold at a discount, in competition with Lenovo's resellers. If you resell Products and/or Services provided to you by Lenovo, at a discount in competition with Lenovo's resellers, Lenovo may terminate this Agreement without notice, where legally permitted to do so.
(c) Both you and Lenovo agree that under this Agreement, all information exchanged is of a non-confidential nature. If either you or Lenovo requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
(d) You consent to the processing, storage and use of information about your transaction and your contact information, including, but not limited to, names, phone numbers, address, and e-mail addresses, by Lenovo and Lenovo's related companies to process and fulfill your transaction ("Personal Information"). Lenovo may also contact you to notify you about any Product recall, safety issue or service actions. Where permissible under local law, Lenovo may use this information to inquire about your satisfaction with Lenovo's Products or Services or provide you with information about other Products and Services. You may however, at any time decline to receive any further such communications from Lenovo. Note that it will be necessary for Lenovo to process your Personal Information, without which Lenovo will not be able to fulfill your order or fulfill the purposes described. You agree that in accomplishing these purposes, Lenovo may 1) transfer your information to any country where we do business; 2) provide your information to entities acting on Lenovo's behalf; or 3) disclose it where required by law. If your Personal Data (as defined in the Personal Data Protection Act 2010 ("PDPA") is transferred to a country or territory outside Malaysia, Lenovo will ensure that the recipients thereof provide a standard of protection to your Personal Data so transferred that is comparable to that which is provided under Malaysia’s PDPA. Lenovo will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless Lenovo provides clear notice to you and obtain your explicit consent for your Personal Data to be shared in this manner. You may make inquiries or complaints, access or correct your Personal Information or limit the processing of your Personal Information by contacting the Data Privacy Officer via telephone at 1800 - 88 - 7148 or via e-mail at firstname.lastname@example.org.
(e) Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
(i) Lenovo reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.