DEFINITIONS:-

Service or Equipment : Mobile Garbage Bin / Waste Collection / Garbage Bag / Cleaning and / or Waste Management Service or any other product marketed under the brand name CLNR or Klin Malaysia, whichever is being referred to in this Sales and Subscription Form.

CLNR or Klin Malaysia : A Brand owned by Endless Ads Marketing (Co. No. 201203296712)

Customer : The person or organization purchasing, renting or subscribing to the Service or Equipment.

Customer agrees to be bound by the terms and conditions of subscription of the Service as set out herein (“Agreement”). CLNR or Klin Malaysia reserves the right to request additional supporting documents for verification purposes.

GENERAL

1. CLNR or Klin Malaysia reserves the right to accept or reject any Customer order. The provisions under this section (General) shall apply to all Section.

2. CLNR or Klin Malaysia may sell or assign either absolutely or by way of security any or all of CLNR or Klin Malaysia’s rights under this Agreement to any third party, and Customer agrees that Customer shall do all things necessary to give effect to such sale, subscription or assignment.

3. Delivery of Service and Equipment

A. CLNR or Klin Malaysia reserves the right to not conduct service or resubscribe services in the event the Customer moves to a new location without the prior express written consent of CLNR or Klin Malaysia, which CLNR or Klin Malaysia may grant or refuse in its sole and absolute discretion, including but not limited to where the new Location is an ‘off-road’ / ‘block-area’ as determined by CLNR or Klin Malaysia. Without prejudice to the foregoing, CLNR or Klin Malaysia shall be entitled to impose labor charges for each request to discontinue and/or resubscribe the Service if the Customer makes such a request more than once in a calendar year (which shall be subject to labor charges even in the case of the first request), provided that in any case, Customer shall be responsible for transporting the Service to the new location. Notwithstanding the foregoing, in the event the Customer moves the Service outside Malaysia, all services from and other obligations of CLNR or Klin Malaysia under the Agreement shall cease and the warranty in respect of the Service shall become void, without prejudice to the Customer’s obligation to settle all outstanding amounts owing to CLNR or Klin Malaysia.

B. Customer must allow CLNR or Klin Malaysia to conduct regular service as provided for under CLNR or Klin Malaysia’s service policy. A minimum waste collection of 1 time a week (quantity 240 Litres bin) or maximum 2 times a week (quantity 240 Litres bin) waste collection services are the scheduled service of this Agreement. CLNR or Klin Malaysia shall not be liable in any manner whatsoever for any losses or damages should there be any cancellation of scheduled service or non-active account by the Customer. No additional service will be provided in replacement of the cancelled scheduled service. CLNR or Klin Malaysia reserves the right to forfeit the services for either service and no replacement will be granted.

C. The Equipment includes replacement as deemed necessary by CLNR or Klin Malaysia and scheduled services for the duration of the Service. Notwithstanding the foregoing, CLNR or Klin Malaysia shall not provide any free replacement part or perform any services in the event of any improper usage of the Equipment or unauthorized place or any type of situation that can damage the Equipment. The Customer shall under no circumstances attempt to or permit any party to dismantle, repair, undertake maintenance work, or replace any parts of the Equipment and if the Customer does, permits, or attempts to do so, the warranty will void, and in any case, the Customer shall be liable for any damage and/or will be deducted from any deposit to the Product as a result of the same.

D. CLNR or Klin Malaysia will maintain the Equipment in accordance with its current maintenance policy. CLNR or Klin Malaysia reserves the right to charge Customer or deduct from deposit separately for the costs of additional maintenance services which CLNR or Klin Malaysia deems necessary, if such additional maintenance costs arise due to improper use of the Equipment, including any use if the Equipment beyond its intended purposes or any situation that can damaged the Equipment.

E. Customer shall not attempt to transfer, sublease, resell, or rent the Equipment or Service. Loss of Equipment or attempts to transfer, sublease or resell the Equipment will be viewed as a breach of this Agreement which warrants legal action.

F. CLNR or Klin Malaysia reserves the right to repair or replace the Equipment or any part of the Equipment at its sole discretion if there are defects to the Equipment during the warranty period. Such right shall include any decisions to change the type or model of the Equipment during regular maintenance. The old Equipment and all used components of any part of the Equipment shall remain the property of CLNR or Klin Malaysia. Upon any repair or replacement of any Equipment or any part of the Equipment, the old Equipment and all used or replaced components shall remain the property of CLNR or Klin Malaysia.

4. Personal Information / Personal Data

A. CLNR or Klin Malaysia’s Privacy Statement which can be found at http://www.klinmalaysia.com will form an integral part of this Agreement (“Privacy Statement”).

B. Upon signing this Agreement or applying for this Service, Customer acknowledges that Customer has read and understood the Privacy Statement and agrees to the processing of Customer’s personal data as set out in the Privacy Statement. CLNR or Klin Malaysia may update the Privacy Statement from time to time and may use reasonable efforts to bring any significant changes to the Privacy Statement to Customer’s attention.

5. Customer authorizes CLNR or Klin Malaysia, at any time and from time to time to process (including but not limited to access, obtain, verify, and/or use) any data or information from any source (including but not limited to credit reference, agencies, credit reporting agencies (“CRA”), Bank Negara Malaysia (“BNM”), any credit bureau and/or the Central Credit Reference Information System (“CCRIS”) and such relevant authorities) for the purposes of evaluating Customer’s credit standing, as CLNR or Klin Malaysia deems fit in connection with this application. At the same time, Customer also agrees to give consent to CTOS Data System Sdn Bhd which is CLNR or Klin Malaysia’s appointed CRA as defined in the Credit Reporting Agencies Act 2010 for the purpose of this application to disclose any such credit information to CLNR or Klin Malaysia in order to allow CLNR or Klin Malaysia to process Customer’s credit information to determine Customer’s credit standing.

6. Customer will be deemed to have accepted that the Equipment is satisfactory and the installation of the Equipment has been performed to Customer’s satisfaction upon delivery of the item.

7. Installation or Delivery Fee
CLNR or Klin Malaysia or its appointed technician shall install the Equipment at no additional charge. However, CLNR or Klin Malaysia will notify Customer if other equipment or tools is needed and if Customer is agreeable to installation of the same, the costs for the other equipment or tools will be charged separately.

8. Refund
Prepayment made by Customer in respect of product price, processing fee, and monthly subscription fee is refundable provided that the order is cancelled by Customer in writing within 14 days from the approval’s date. Upon receiving such a written request from the Customer, CLNR or Klin Malaysia will process the refund within 30 working days.

9. This Agreement shall be governed by the laws of Malaysia.

10. All Equipment and Subscription are for the Customer’s own use only. The Customer shall not resell any Equipment or parts or service therein or any by-products of any Equipment or Service (including but not limited to any waste collection service by or generated from any Equipment or Services).

11. Non-Payment
In the event Customer fails to make all payments due to CLNR or Klin Malaysia in full, CLNR or Klin Malaysia has the right to use any legitimate means, which shall include but not limited to listing the Customer with CRA, engaging collection agencies and commencing legal proceedings to recover the outstanding amount. TERMS APPLICABLE FOR SUBSCRIPTION OF SERVICE OR/AND EQUIPMENT

1. Applicability

The terms and conditions under this Section shall only apply where the Service and/or Equipment is purchased on subscribed terms.

2. Term

This Agreement shall commence and be effective upon:-

A. CLNR or Klin Malaysia has verified the Customer’s credibility and other information provided by the Customer during application submission;

B. the Approval is successfully granted; and

C. the Customer has signed this Agreement and/or agreed to comply to this agreement during online application submission,
(“Subscription Commencement Date”). Unless earlier terminated, this Agreement shall commence from the Subscription Commencement Date and continue for a period of three (3) years (“Minimum Subscription Period”) after which it will automatically extend for a period of two (2) years (“Extended Period”) (the Minimum Subscription Period and Extended Period will collectively be referred to as “Term”)

3. Unauthorised Subscription

CLNR or Klin Malaysia reserves the right to take legal proceedings in the event if discovers that false information, including forged details or/and documents, has been provided to CLNR or Klin Malaysia.

4. Minimum Subscription Period

The Minimum Subscription Period for the rental of the Appliance is three (3) years from the Subscription Commencement Date. CLNR or Klin Malaysia will impose termination fees if Customer terminates this Agreement during the Minimum Subscription Period in accordance with Clause 11.

5. Delivery Conditions

CLNR or Klin Malaysia will only deliver the Equipment and/or Service after:

A. All relevant payments have been made;

B. CLNR or Klin Malaysia has verified the Customer’s credibility and other information provided by the Customer; and

C. CLNR or Klin Malaysia has confirmed the availability of the Customer.

 

6. Processing Fee

Customer shall pay the registration processing fee for internal processing purposes. This processing fee is not refundable. Upon Company’s internal credit assessment, the processing fee is deducted from the customer’s debit/credit card or bank accounts, where applicable.

7. Processing Duration

CLNR or Klin Malaysia will process all complete application forms no later than 30 days or a maximum of  60 days. Upon approval has been granted and activation fee(s) has been made, CLNR or Klin Malaysia will deliver the Equipment or Service within 30 days or a maximum of 60 days. CLNR or Klin Malaysia shall not be liable for any damage, loss or expense whatsoever resulting from late delivery or the application’s processing duration.

8. Product Property

The Equipment provided to the Customer under the Subscription scheme remains the property of CLNR or Klin Malaysia.

9. Termination of Agreement

Customer shall not terminate the Agreement during the Minimum Subscription Period. Customer shall be liable to pay all amounts stipulated under Clause 11 if Customer terminates the Agreement during the Minimum Subscription Period. The termination shall only be effective once the Customer returns the Equipment to CLNR or Klin Malaysia. If Customer fails to return the Equipment to CLNR or Klin Malaysia, the Agreement shall remain in force and Customer must continue to pay the monthly rental fees. CLNR or Klin Malaysia reserves the right to terminate the Agreement at any time during the Term and retrieve the Equipment under the following circumstances:-

A. Poor environmental circumstances(e.g poor road conditions resulting in difficulty for vehicles to reach the location, as determined by CLNR or Klin Malaysia), resulting in difficulty in managing and maintaining the Service, abnormal usage of the Equipment, transfer, and/or sublease of Equipment or Service, unauthorized modification or uses of Equipment.

B. The monthly payment has been overdue for one (1) month or more.

C. Breach of any other terms of this Agreement

10. Subscription After Termination

Customer who terminate the Subscription Agreement prior to the expiration of the Term are not allowed to enter into another Agreement on subscription terms with CLNR or Klin Malaysia for a period of three (3) months after such termination.

11. Early Termination Fee

In the event of termination of this Agreement during the Minimum Subscription Period, Customer shall pay a termination fee amount equal to 50% of the total sum of the monthly rental fee for the remainder of the Minimum Subscription Period calculated on a calendar month basis.

12. Equipment Loss or Damaged Fee

If the Equipment cannot be located or is found to be in a damaged or in used condition or is beyond repair, the Customer will be liable for the Equipment Loss Fee or Repair Fee calculated as follow:-
Equipment Loss Fee = (Product Price x 100%)
Equipment Repair Fee = (Product Price x 70%)

13. Equipment Deposit Return

If the Equipment is found to be in a damaged or in used condition upon returning or is beyond repair, the Customer will be liable for the Equipment Repair Fee calculated as follow:-
Used Equipment or Repair Fee = (Product Price x 70%)

14. Billing

A. Regardless of the commencement date and expiry/termination date of the Term, the monthly subscription fee shall be charged in full amount in accordance with the fee agreed in this Agreement on a calendar month basis from the month following the installation of the Equipment until the month on which, subject to Minimum Subscription  Period stipulated in Clause 4, the Agreement expires or is terminated either by CLNR or Klin Malaysia or by Customer.

B. Unless otherwise agreed by CLNR or Klin Malaysia, Customer shall settle the subscription fee within fourteen (14) days from Billing Date. In the event of termination of this Agreement either by CLNR or Klin Malaysia or by Customer, all monies owning to CLNR or Klin Malaysia shall become due immediately.

C. Any dispute regarding billing must be communicated to CLNR or Klin Malaysia in writing within fourteen (14) days from the date of the relevant schedule or invoice failing which, the invoice is deemed to be accurate. Notwithstanding a dispute regarding the amount in the schedule or invoice, Customer shall promptly pay any outstanding amount which is not in dispute.

D. CLNR or Klin Malaysia reserves the right to change the mode of billing from time to time without giving any prior notice.

15. Monthly Subscription Fee Payment

A. All payments to be made herein by Customer to CLNR or Klin Malaysia shall be by way of direct debit/auto debit of Customer’s credit/debit card or bank accounts or any other modes of payment approved by CLNR or Klin Malaysia from time to time and as agreed upon under this Agreement. Customer shall upon signing this Agreement complete and execute the relevant payment authorization form as annexed herein.

B. If the customer opts to pay via another mode, other than direct debit/auto debit of the Customer’s credit/debit card or bank accounts, CLNR or Klin Malaysia will charge an additional RM10 as Subscription Collection Handling Fee in the monthly rental fee due to CLNR or Klin Malaysia.

C. Customer who selects the Direct Debit or Auto Debit mode of payment must ensure that they have sufficient balance to fulfill the monthly rental payment. CLNR or Klin Malaysia reserves the right to charge an additional RM10 as a Subscription Collection Handling Fee in the case of failure to obtain payments through direct debit or auto debit for one (1) month with no subsequent advance payment of rental. The Subscription Collection Handling Fee will be charged on a monthly basis beginning from the month following the second consecutive month in which the Customer fails to make payment via direct debit or auto debit.

D. CLNR or Klin Malaysia reserves the right to charge the Subscription Collection Handling Fee monthly if Customer cancels direct debit or auto debit by any means, with no subsequent advance payment of the rental by Customer. If the Customer continues not to pay an advance payment of rental, CLNR or Klin Malaysia will charge the Subscription Collection Handling Fee monthly from the month following the end of any payment of rental in advance.

E. Customer must inform CLNR or Klin Malaysia in writing as soon as possible of any changes to bank account details that may affect payment to avoid any delay in providing services.

F. Where CLNR or Klin Malaysia does not receive full payment from the Customer due to insufficient balance in the Customer’s bank accounts on the date payment is due, CLNR or Klin Malaysia shall be entitled to appropriate a sufficient amount from the Customer’s bank account to fulfill the amount due to CLNR or Klin Malaysia at a later date. There may be more than one attempt to charge payment to the customer’s credit/debit card account and bank accounts to ensure that the monthly rental fee due to CLNR or Klin Malaysia is paid in full.

16. Non-Payment of Subscription

Notwithstanding anything to the contrary in this agreement, CLNR or Klin Malaysia has the right to stop providing services and repossess the Equipment in the event Customer continues to fail to pay the rental fee. CLNR or Klin Malaysia shall be entitled to take the necessary measures to recover the outstanding rental amount. CLNR or Klin Malaysia shall be entitled to use any legitimate means to collect such outstanding amounts, which shall include but not limited to listing the Customer with a CRA, engaging collection agencies, and commencing legal proceedings. The following will be the procedure taken against overdue rental payments:

7 days of arrears – Action: SMS / Whatsapp / Email / Notice / Payment Schedule to remind payment due to Customer
14 days of arrears – Action: Suspend the service
21 days of arrears – Action:  Termination of service

30 days of arrears – Action:  Repossess the equipment
90 days of arrears – Action:  Listing with a Credit Report Agency
120 days of arrears – Action:  Commencing legal proceedings

17. Ownership Transfer

Upon full and prompt rental payment for five (5) continuous years, the ownership of the Equipment will be transferred to Customer at no additional charge upon application for ownership by Customer. Customers may choose among the following:-

A. Customer may enter into a new agreement to subscribe to another service provided that the service is a new model within the same product category as before. In this case, the Customer shall pay the new subscription fee accordingly.

B. Customer may continue to obtain subscription services, including waste collection by signing a new subscription agreement with CLNR or Klin Malaysia for the Equipment.

18. Others

A. CLNR or Klin Malaysia shall be entitled to increase the monthly subscription in order to take into account any increase in CLNR or Klin Malaysia’s operating costs in respect of the Equipment and/or Service including but not limited to any increase in the cost of labour, equipment and transport.

B. Customer must inform CLNR or Klin Malaysia in writing of any changes or amendment to the Customer’s personal details (address, telephone, etc.) as soon as possible.

C. CLNR or Klin Malaysia will not be responsible for any issues that arise due to Customer’s failure to comply with Clause 17B.

D. CLNR or Klin Malaysia reserves the right to make the final decision regarding any dispute.

 

For Any Enquiries of Service 

Email to hello@klinmalaysia.com or Whatsapp 03 3310 0909