VER.2018.03.

01

PRE-SALES AGREEMENT

Order No : 740621 Product : IRIS

1. [Agreement Establishment] 11. [Default]

The Agreement shall come into effect upon delivery of the Appliance or receipt thereof by the Customer,
whichever is later.
2. [Right of order acceptance]
Notwithstanding the above, Cuckoo shall conduct a background check on the Customer, including but not
limited to an instant credit check from CTOS prior to confirming and/or accepting the Customer’s order and
reserve the right to cancel the same at its own discretion.
If the rent hereby reserved or any part thereof shall be unpaid after becoming payable in accordance with clause
5 hereof (whether formally demanded or not) or if any covenant condition on the Customer’s part has not been
performed, Cuckoo shall forthwith be at liberty to cease performance hereunder and to repossess the Appliance
but without prejudice to the right of action of Cuckoo in respect of any breach of the Customer covenants herein
contained. Cuckoo is entitled to take necessary measures to recover the outstanding rental amount, including
but not limited to third party means, that is CTOS, collection agencies and legal proceedings

3.[Unauthorized Purchases] 12. [Termination]

In the event that forged documents, or any misleading information supplied by Customer are discovered Customer is only entitled to terminate the rental after the Minimum Contract Period. However, Cuckoo reserves
during the term of rental, Cuckoo has the right to take legal proceedings to protect itself and/or to recover its the right to terminate the Agreement and retrieve the Appliance under the following circumstances:
losses.
n Poor environmental circumstances (highly polluted environment resulting in extremely poor air and/or
4. [Minimum Contract Period] water quality) which complicates the maintenance with an increase in replacement parts and repairs;
The minimum contract period for rental of the Appliance is 84 months. n Sublet and unilateral modification of the Appliance without prior written consent from Cuckoo;
n Default in monthly rental fee for more than three (3) months; or
5. [Rental Fee] n Breach of any of the terms of this Agreement.
The Customer shall pay to Cuckoo the rental per month, particulars of which are as follows:-
Upon happening of any of the events stated above within the Minimum Contract Period, Cuckoo shall forthwith
recover the possession of the Appliance and the Customer is liable to pay all of the amounts stipulated in
1-84 N/A N/A N/A N/A N/A clause 10
months Termination is only effective upon return of the Appliance by Customer to Cuckoo.

70.75 0.00 0.00 0.00 0.00 0.00 13. [Early Termination]

Should there be an early termination within the Minimum Contract Period, the Customer shall pay an early
n The 1st rental fee is to be made payable on the first week of the following month upon installation. termination fee, calculation of which are as follows:-
n Unless otherwise demonstrated, all payments shall be made via debit and/or credit cards with Visa
and/or Master. To this, the Customer shall sign the Credit/Debit Card Auto Debit Agreement as annexed
hereto to indicate the said authorization. Early Termination Fee: (84-n) x 70.75
n The Customer shall ensure that there are sufficient credits available in the nominated accounts to
n Where “n” is the number of months for which the Customer has paid the monthly rental
perform any of the instructions, inter alia, direct debit and fixed monthly rental deduction, failing which Cuckoo
fee as set out above.
reserves the right to halt the service and/or maintenance and to repossess the Appliance. Any changes to the
nominated bank accounts shall inform Cuckoo soonest possible to avoid any inconvenience and delays to the
service and/or maintenance of the Appliance.

14. [Notice]
Any notice to be given hereunder to the Customer or Cuckoo shall be in writing and may be delivered by hand or
6. [Processing Fee] sent by prepaid registered post or by facsimile to the number and/or address as stated in this Agreement or to
A non-refundable processing fee will be charged and shall not without prior consent in writing of Cuckoo be such other number and/or address as one party may notify in writing to the other party and shall be deemed to
treated as payment of rent. duly served:

n If it is delivered, at the time of delivery and duly acknowledged;

7. [Right to Occupy Installation]
n Upon verification of the Customer’s credibility, Cuckoo shall deliver the Appliance to the Customer to
permit him to occupy the Appliance throughout the term of this Agreement subject and upon terms and
conditions herein mentioned.
n Installation of the Appliance will only take place thereafter after all relevant payments have been made
subject to Customer’s availability for installation.
n Installation of the Appliance will be undertaken by Cuckoo at no additional charge.
8.[Use]
n The Customer undertakes to keep the Appliance in a proper, functional and operationally safe state by
following Cuckoo’s operating and maintenance against overload.
n The Customer will use the Appliance for the purpose for which it is designed and not for any other
purpose.
n The Customer shall not to perform or caused to be performed any irresistible modifications to the
Appliance, particularly attachments and internals, nor to remove the labels on the Appliance without prior
written consent from Cuckoo first had and obtained.
n The Customer assumes all obligations and liabilities from the use, condition, storage and possession of
the Appliance during the term of this Agreement except as otherwise set forth herein.
9. [Rental Service-Maintenance and Repairs]
n Any maintenance and/or repairs, including installation of spare parts require for proper functioning of
the Appliance shall be exclusively performed by Cuckoo during the term of the Agreement.
n The scheduled maintenance and the cost of repairs due to normal wear and tear are included in the
rental fee.
n However, any costs of damage to the Appliance caused by the Customer’s fault, inter alia, improper
treatment, above intended usage and/or misuse shall be borne by the Customer.
n If it is sent by prepaid registered post, three (3) days after posting thereof; or
n If it is sent by facsimile immediately after transmission thereof to the correct facsimile number as confirmed
by a transmission report received by the sender.
15. [Assignment of Rights]
Cuckoo may sell or assign any such rights and obligations of this Agreement or grant a security interest in this
Agreement, in whole or in part, to any other third party and the Customer shall do all things necessary to give
effect to such sale or assignment and to be in continuance of this Agreement thereafter.
16. [Miscellaneous]
A) Time whenever mentioned shall be of the essence of this Agreement.
B) Should there be any changes to the personal information of the Customer, including but not limited to
address and telephone, the Customer shall notify Cuckoo soonest possible, failing which the Customer
undertakes full responsibility of all the consequences due to the such delay.
C) Cuckoo reserves the right to increase the monthly rental in should the need arises.
D) In the event of any dispute(s) and/or discrepancy arising between the parties, the contents of this Agreement
shall prevail.
E) This Agreement shall be governed, constructed and enforced in accordance with the laws of Malaysia.
I hereby agree and accept the above terms and conditions and further acknowledge that the said Rental
Agreement shall constitute a legally binding contract between the parties

10. [Lost and/or Damage]

n The Customer assumes all risks and liability of loss, theft or destruction of and damage to the Appliance
from and after the Appliance is delivered to the Customer’s last known address.
n In the event that damage has occurred to or in conjunction with the Appliance, the Customer undertakes
to notify Cuckoo soonest possible by indicating the point of time and the cause of such occurrence, and the
extent of damage.
n Should the Appliance lost while in the possession of the Customer, the Customer is liable to pay the
following:-

Name : MOHD KAMALI BIN YAACOB

Total Loss Fee = (Total Obligation Rental Fees) - (Total Paid Rental Fees)

NRIC : 730820035693
n If the Appliance is severely damaged and/or non-operational to the extent of beyond repair, the Customer
is to be solely liable and bear the Total Loss Fee as specified above.
Date : 03/09/2018