Terms and Conditions for Purchase and Rental

Definitions

Appliance: Water purifier / water dispenser / or any other product marketed under the brand name HAPPYWATER, whichever is being referred to in the Sales Order/Invoice.
HappyWater: HappyWater Sdn Bhd
Customer: The person or organization purchasing or renting the appliance

Upon signing this Agreement, the customer has agreed to be bound by the terms and conditions of this agreement.

TERMS AND CONDITIONS FOR OUTRIGHT PURCHASE

  1. The Agreement comes into effect from the date of delivery of the Appliance and after the Customer has signed this Agreement.
  2. Delivery and installation of Appliance will only take place after all relevant payments have been received by HappyWater.
  3. Installation (connecting from water source to the Appliance) of Appliance will be undertaken by HappyWater or its appointed technician at no additional charge (applicable for Kuala Lumpur & Greater KL areas only, please check with HappyWater’s customer service officer for confirmation). However, if a new power point/booster pump/piping longer than 10 meter is needed, then Customer shall be notified and if agreeable shall be charged accordingly.
  4. The hire purchase includes one (1) year free parts and maintenance service but shall exclude any damages caused by improper use or unauthorized service by Customer.
  5. If Appliance is used beyond its intended usage as determined by HappyWater, HappyWater reserves the right to charge Customer for such additional maintenance cost HappyWater deems necessary.
  6. HappyWater reserves the right to accept or reject any Customer order.
  7. Customer will receive 1 copy of the signed agreement and upon installation shall receive a copy of the invoice (if applicable). It will then be determined that the appliance is accepted and/or fully installed.
  8. In the event of product defect during the Warranty period (between 3 months to 1 year) being referred to in the Sales Order/Invoice, HappyWater reserves the right to repair or replace the Appliance at its discretion. Customer shall responsible the postage/mobilisation fee.
  9. Any sum set out in this Agreement or otherwise payable by any party hereto to any other party, pursuant to this Agreement shall be deemed to be inclusive of any sales and services tax or tax of similar nature (“SST”) which is chargeable on the supply (or supplies) for which sum is the whole or part of) the consideration for SST purposes.

TERMS AND CONDITIONS FOR RENTAL

  1. [Agreement establishment after HappyWater has verified the Customer’s credibility and other information, this Agreement comes into effect the date the Appliance is delivered to the Customer, and after the Customer has signed the Rental Agreement.
  2. [Right of order acceptance] HappyWater reserves the right to Accept or reject any Customer order.
  3. [Unauthorised Purchases] In the event that forged documents or any misleading information supplied by Customer are discovered during the term of rental, HappyWater has the right to take legal proceedings to protect itself and/or recover its losses.
  4. [Minimum Contract Period] The minimum contract period for rental of the Appliance is two (2) year after which it will automatically continue up to three (3) years unless terminated by Customer Early termination that does not fulfil the minimum contract period shall be Charged Termination Fee.
  5. [Installation Condition] Installation of Appliance will only take place after all relevant payments has been made and after checking the Customer’s availability and location suitability for installation.
  6. [Installation Service] Installation (connecting from water source to the Appliance) of Appliance will be undertaken by HappyWater or its appointed technician at no additional charge (applicable for Kuala Lumpur & Greater KL areas only, please check with HappyWater’s customer service officer for confirmation). However, if a new power point/booster pump/piping longer than 10 meter is needed, then Customer shall be notified and if agreeable shall be charged accordingly.
  7. [Rental Service] Rental includes free parts and scheduled maintenance service for the duration of the rental period. However, Customer is liable for the cost of parts or the Appliance in case of faults caused by Customer’s misuse.
  8. [Product Property] The Appliance provided to the Customer under the rental scheme remain the property of HappyWater. The Customer shall under no circumstances attempt to dismantle, repair, undertake maintenance work or replace any filters or parts of the rented Appliance. Customers are forbidden to relocate Appliance without prior approval from HappyWater.
  9. [Termination of Agreement] Customer is only entitled to terminate the rental after 2 years of minimum contract period. HappyWater reserves the right to terminate the agreement and retrieve the Appliance under the following circumstances –
    • Poor environmental circumstances (e.g. extreme pollution resulting in very poor water quality – as determined by our Service Team), where it’s difficult to manage and maintain in the product, abnormal usage, transfers, sublease, modifying of product without approval by HappyWater.
    • The monthly payment has been due for three (3) months or more
    • Breach of any other terms of this Agreement
    • Regardless of reasons, unless otherwise agreed by HappyWater, should the termination is within the minimum rental period, the Customer shall be liable to pay all of the amounts stipulated in Clause 11 Termination is only effective upon return of the Appliance by Customer to HappyWater. If Customer fails to return Appliance to HappyWater, the Agreement shall remain enforced and Customer must continue to pay the monthly rental fees.
  10. [Purchase After Termination] Customers who have terminated the Rental Agreement after 2 year but before 3 years may have option to purchase the said rental appliance from HappyWater at a mutually agreed value.
  11. [Termination Fee] Termination fee for early termination of rental contract will be 50% of the total payment for the remaining contract period.
    Note: Company reserves the right to reject any order that does not meet with the Company’s requirement.
    This is the property of HAPPY WATER SDN BHD to whom it must be returned if requested or found.
  12. [Appliance Loss Fee (ALF)] If the Appliance cannot be located, the Customer will be liable to pay the Appliance Lose Fee as follow:
    ALF = {Product Price x 90%} – {(Product Price/50) x Paid Month}
    If the Appliance is found to be in a badly damaged condition and is beyond repair, Customer will also be charged based on the same formula
  13. [Monthly Rental Fee Payment]
    1. Customer’s first payment will be involved in the month following the Appliance installation.
    2. Customer shall always keep the payment up to date in order to avoid the delay of Service/Maintenance.
    3. Action toward the Overdue Rental Account:
      Month of arrears     Action
      1                                   Send 1st Reminder Email Customer
      3                                  Send 2nd Reminder Email to Customer
      6                                  Repossess the Appliance & Forfeit Deposit(s)
      6                                  Listing with a Credit Reporting Agency
  14. [HappyWater’s Right to Assign] HappyWater may sell or assign either absolutely or by way of security any or all of HappyWater’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 or assignment.
  15. [Non-Payment of Rental] in the event Customer has continuously failed to pay the rental fee, HappyWater has the right to stop providing service and to repossess the product. HappyWater shall be entitled to take the necessary measures to recover the outstanding rental amount. Where rental outstanding customers are concerned, HappyWater hast the position to use third party means, which shall include listing the Customer with Credit Reporting Agency, collection agencies and legal proceedings.
  16. [Ownership Transfer] Upon full and prompt rental payment for Three (3) continuous years, the ownership of the rented Appliance shall be transferred to Customer at no additional charge upon application by Customer for the ownership. Customer may choose among the following:
    1. Customer may enter new agreement to other new model within the same product category i.e. water purifier, water dispenser or other appliance for a new rental. In this case, Customer shall pay the new rental fee accordingly.
    2. Customer may continue filter changing and maintenance service by signing, new service agreement with HappyWater.
  17. [Others]
    1. Any sum set out in this Agreement or otherwise payable by any party hereto any other party pursuant to this Agreement shall be deemed to be inclusive of any Sales and Services Tax or tax of similar nature (“SST”) which is chargeable on the supply (or supplies) for which sums is (the whole or part of) the consideration for SST purposes.
    2. All payments to be made herein by Customer to HappyWater shall be by way of debiting of Customer’s account or any other modes of payment approved by HappyWater from time to time.
    3. HappyWater shall maintain the Appliance in accordance with its current maintenance policy. However, if Appliance is used beyond its intended usage as determined by HappyWater, and HappyWater reserves the right to charge Customer for additional maintenance cost as HappyWater deems necessary.
    4. HappyWater shall be entitled to increase the monthly rental in order to take into account any increase int the operating cost of HappyWater in respect of the Appliance including but not limited to any increase in the cost of labour, material and transport.
    5. Any changes or amendment to the Customer’s personal details [address, telephone, etc.] must be informed to HappyWater as soon as possible.
    6. HappyWater will not be responsible for problems due to Customer’s failure to comply with Clause 17.
    7. In case of dispute the Management of HappyWater reserves the right to make the final decision
      Refund Processing Time:
      Refund Method                           Refund Time
      Online Transfer via IBG            Within 30 working days

NOTE: Time frame is dependent on Banks and not within HappyWater Control