Terms & Conditions
- Contract means a contract for sale by Servex to the Customer of the Products and/or services incorporating these Terms and Conditions.
- The terms “The Site” or “This Site” refers exclusively to this website, or this specific Servex online store that is owned and operated by Servex (Malaysia) Sdn Bhd.
- Customer means the person or legal entity identified in Servex’s Quotation or Invoice.
- Servex means Servex (Malaysia) Sdn Bhd.
- Order Confirmation means the acknowledgement of Products ordered by Customers.
- Dispatch means the process in which orders are prepared and leave the Servex warehouse.
- Delivery address means the place designated by the Customer and agreed to by Servex for delivery of Products.
- Price means the price as per Servex Quotation and Order Confirmation.
- Products mean the products as described in Order Confirmation and may include Servex products and other offerings.
- Standard Warranty means the warranty that comes standard with purchases from Servex, as set out in clause 9 of these Terms and Conditions.
2) Membership Eligibility
Our services are only available to, and may only be used by, natural persons and corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
Your membership is not transferable. Your Servex account may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
5) Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of this Servex site, and you agree to be bound by them.
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and are subject to the non-exclusive jurisdiction of the courts of Malaysia.
6) Credit Card Payment Terms and Conditions
Servex takes your privacy and credit card security very seriously. Every credit card or debit card transaction is handled by our appointed third-party service provider. In view of the Personal Data Protection Act (PDPA) 2010 implemented to safeguard the usage of Personal Information as defined therein, you have the right to know the reasons we collect and use the Personal Information you have provided; how we will use the Personal Information and whom we may share the Personal Information with. Please click here to view the full Terms & Conditions.
In compliance with PDPA, your Personal Information in our database will be safeguarded and will not be shared without your consent.
In addition to any additional terms contained in Servex Store’s website, the following terms shall also apply to the following types of payment:
Credit Card payment option is available for all Buyers. Servex accepts all Malaysian Visa and MasterCards, that is 3D Secure (Verified by Visa, and MasterCard Secure) enabled.
Please take note that we DO NOT accept Corporate Credit Card and non-Malaysian bank-issued credit cards.
Where allowed by our payment service provider, Servex will accept any allowed Malaysian Visa and MasterCard debit cards.
Direct Bank In / Cheque
Customers who select to pay this way are reminded that payment is expected within 3 (THREE) business days to ensure the order is not cancelled.
Customers have to provide a copy of the bank-in slip and allow time to verify that payment has fully cleared.
The shipment process can only begin after payment has fully been received by Servex.
7.1) Formation of Contract
The products sold and/or services rendered are subject to these Terms and Conditions. The Customer acknowledges that they are aware of the contents of and agree to be bound by these Terms and Conditions. Neither Servex’s acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
7.2) Products Orders, Price and Payment
7.2.1 Products and/or services must be paid for in full before physical delivery of products and/or services.
7.2.2 All pricing is as per the product published on the Servex Store and are agreed upon at the time of purchase. Prices may vary from time to time without affecting any prior purchased products. The price includes the cost of packaging and delivery charges, any applicable goods and services tax.
7.2.3 Please note that there are cases when an order cannot be processed for various reasons. This site reserves the right to refuse or cancel any order for any reason at any given time. In addition, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
7.3.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that Servex does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance.
7.3.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Servex or the licensor of the software at all times.
8) Title and Risk
8.1 Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.
9.1 Servex will provide standard delivery with charges and will deliver the Products to the delivery address within Malaysia stated on the order at the time of delivery. If for any reason we are unable to deliver to the delivery address, we reserve the right to cancel, without any liabilities or penalties, the order placed by the customer and will issue a full refund for any payment made.
9.2 Servex wishes to advise that delivery/fulfillment of orders may be under taken by our business partners/3rd party fulfillment partners. Any dates provided by Servex for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as the Customer’s location and availability of parts for the Products. Furthermore, Servex will not be liable for any delay in delivery of the products and/or services, howsoever caused.
9.3 Servex has a policy of on-going Products update and revision. As a result, Servex may revise and/or discontinue Products at any time without notice.
9.4 Delivery is subject to the availability of the stock at the time of dispatch. Servex will endeavour to fulfill all orders, however makes no guarantees of the availability of stock at the time of dispatch.
9.5 If by any circumstance, any product is not available at the time of dispatch, Servex will may offer a suitable alternative or fully refund the product as well as any accessory or service purchased along with the line item.
10) Acceptance of Products
By receiving the item, the customer is deemed to have accepted delivery of the product.
11) DOA (Defect On Arrival)
It is subject to manufacturer’s terms & conditions. Please refer to manufacturer’s website. Servex will arrange to collect the goods and organize a replacement if the following conditions apply:
(a) The products are damaged in transit
(b) The products are not delivered (e.g. lost in transit)
(c) The wrong configuration is sent
The requirements for DOA are as follows:
It is within seven (7) days from the delivery date
You have proof of purchase (transaction ID/order number, invoice, delivery order, bank statement)
The goods must be in new condition and returned in the original packaging along with all original accessories (including software, manuals, cables, adapter, CDs, warranty cards, etc…)
The product must not have been used or installed or had any data inputted
All sealed items must not be opened
The general requirements for returns are as follows:
It is within seven (7) days from the delivery date.
You have proof of purchase (transaction ID/order number, invoice, delivery order, bank statement).
The goods must be in new condition and returned in the original packaging along with all original accessories (including software, manuals, cables, adapter, CDs, warranty cards, etc…).
The product must not have been used or installed or had any data inputted.
All sealed items must not be opened.
The customer will need to return the product to Servex at their own risk and incur any related delivery charges. We do suggest the customer insures the shipment to avoid risk of damage or loss during shipment.
Servex reserves the right to deduct an amount from the refund at the current market price for any missing or damaged items. Depending on the particular circumstances, Servex may impose a management fees for processing the return. All possible charges will be applied before the final refund amount is issued.
WARRANTY CONDITIONS FOR SERVEX PRODUCTS
13.1 Products sold under Servex comes with a standard manufacturer’s warranty. Please contact the manufacturer directly for details relating to the available manufacturer’s warranty (if any).
Servex products’ warranty period and method are determined by the warranty provided for each individual manufacturer and the users should refer to the warranty specific information related to that product.
14.1 Servex will not be liable for any loss or damage suffered and the Customer’s rights are limited to those set out in these Terms and Conditions and under statute.
14.2 The Customer will indemnify Servex and keep Servex fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
14.3 Servex and the Customer agree that Servex’s liability:
(a) for Products supplied under a Consumer Contract, is governed solely by the Malaysian Consumer Law;
(b) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR
(c) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
15.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Servex. Any such unauthorised assignment will be deemed null and void.
15.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
15.3 No failure or delay on Servex’s part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
16) TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.