VER. 2021.01.
01
PRODUCT RENTAL AGREEMENT
PRODUCT: CUCKOO VITA-S AC INVERTER (1.5 HP) & CUCKOO VITA-S AC INVERTER
COMPRESSOR (1.5 HP)
1. Agreement Establishment
a) The Agreement shall commence on the date of the Product is delivered to the Customer, ("Effective Date") and
shall continue thereafter for the months set forth in clause 2.
b) The Customer agrees that by executing this Agreement with Cuckoo International (MAL) Sdn Bhd (Registration No.
201401026804 (1102894-H)) (“Cuckoo”), the Customer shall be bound by the terms and conditions of this
Agreement.
c) Product herein shall be defined as the variation of air conditioner including but not limited to portable air-conditioner,
wall mounted air conditioner and/or compressor.
2. Term
a) The Agreement shall be valid and enforceable from the Effective Date and thereafter on a month-to-month basis
until the end of the agreed monthly rental package as noted in Clause 3 herein.
b) The commitment period for this Agreement shall be SIXTY (60) MONTHS (“Obligatory Period”).
c) This Agreement shall automatically cease after the end of Obligatory Period..
3. Monthly Rental
The Customer shall pay the monthly rental in the following sums to Cuckoo as follows: -
Monthly NCSP Service Frequency Natural Care Service Package NCSP Service Type
Rental (Month) (NCSP) (Yearly)
RM 108.00 Every Six (6) months N/A Two (2) times
4. Processing Fee
A non-refundable processing fee of RM250.00 only will be charged on the Customer and shall not without prior consent
in writing of Cuckoo be treated as payment of rental on the Product.
5. Delivery and Logistic Arrangement
• The logistic and delivery of the physical possession of the Product to Customer will be undertaken by Cuckoo and no
additional delivery cost will be charged towards the Customer. The risk of loss of Product shall pass to the Customer
upon such delivery.
• Any stated delivery dates are approximate until and unless fixed by both Cuckoo and Customer. Cuckoo shall not be
liable for any losses, damages, penalties or expenses for failures to meet any delivery date.
6. Use
• The Customer undertakes to keep the Product in a proper, functional, and operationally safe state by following
Cuckoo’s operating manuals and maintenance guidelines.
• The Customer shall only use the Product for the purpose for which it is designed and not for any other purpose.
• The Customer shall not perform or caused to be performed any permanent and/or irreparable modifications to the
Product, particularly attachments and internals, materials, nor to remove the labels on the Product without prior written
consent from Cuckoo.
• The Customer assumes all obligations and liabilities from the use, condition, storage and possession of the Product
during the Term of this Agreement except as otherwise set forth herein.
7. Service of the Product: Warranty / Maintenance and Repairs
• Product warranty shall be covered throughout the Obligation Period as noted in Clause 2 and the warranty for
compressor is 5 years.
• For Product Manufacturing Defect Warranty in material or workmanship under normal use, Cuckoo will provide a one-
to-one exchange and/or replacement of the same Product Type upon the notification by the Customer. the
transportation costs of such repair, exchange and/or replacement shall be borne solely by Cuckoo.
• For Product Over Rental Warranty, any request of service and maintenance of the Product is subjected to a chargeable
repair fee and transportation fee imposed by Cuckoo.
• Any maintenance and/or repairs, including installation for proper functioning of the Product shall be exclusively
performed by Cuckoo during the term of the Agreement. Any modifying of product shall be strictly prohibited and not
to be conducted without approval by Cuckoo.
• However, the warranty will void if (i) the Product has been tampered with, modified, abused, neglected, or improperly
used; and/or (ii) the Product has been damaged for reasons beyond Cuckoo’s control, such as loss, theft, destruction
of and damage or natural disasters. Cuckoo is also not responsible for the use of the Product in combination with other
goods not provided or authorised by Cuckoo. Any costs of damage to the Product caused by the Customer’s fault,
inter alia, improper treatment, above intended usage and/or misuse shall be borne by the Customer.
• The scope of service and maintenance for the Product shall only be confined and limited to installation of the Product,
chemical cleaning for servicing of the Product, copper piping, outgoing and incoming wiring, PVC water pipe and
insulation for ten feet, outdoor bracket, heater switch to complement and functionality of the Product.
• The installation of the Product shall be excluding any dismantling works, hacking, trunking and electrical work, sky lift,
special request to perform installation work on public holiday or Sunday (“Occurrences”). In the event such
Occurrences and upon the request by Customer, Customer shall pay additional fees, and material costs shall be
charged before the commencement of work of the Occurrences.
8. Risk, Title and Limitation of Liability
• The Customer assumes all risks and liability of loss, theft or destruction of and damage to the Product on delivery and
during the Term which the Product is in the possession, custody or control of the Customer until such time as the
Product is redelivered to Cuckoo.
• In the event that damage has occurred to or in conjunction with the Product, the Customer undertakes to notify Cuckoo
soonest possible by indicating the point of time and the cause of such occurrence to the extent possible, and the extent
of damage.
• Should the Product lost while in the possession of the Customer, the Customer is liable to pay the following:-
Total Loss Fee = (Full Contract Price) – (Total Paid Rental)
• If the Product 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.
• The Product shall at all times remain the property of Cuckoo, and the Customer shall have no right, title or interest in
or to the Product (save the right to possession and use of the Product subject to the terms and conditions of this
Agreement).
• Upon Customer agreeing on the commencement of work of the Occurrences, Notwithstanding any other provision
hereof the contrary, Cuckoo or its agents and/or contractors shall not be liable for any damage to property entrusted
for the work of the Occurrences being rendered by Cuckoo or its agent and/or contractors, nor for loss of or damage
to any property by theft or otherwise, nor for any injury or damage to persons or property resulting from fire,
explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the customer’s
property or from the pipes, appliances therein or resulting from dampness or any other cause whatsoever. Customer
fully agrees that Cuckoo and its agent and/or contractor shall not under any circumstances be liable for damages
suffered or loss incurred by the Customer resulting from the Occurrences.
9.Warranties and Representations
Cuckoo represents and warrants that:
(a) Cuckoo shall not interfere with the Customer’s quiet possession of the Equipment;
(b) Cuckoo is the legal and beneficial owner of the Product and also the owner of the intellectual property rights
embodies in the Product;
(c) Cuckoo has the right, power to enter into and perform its obligations under this Agreement;
(d) The Product shall substantially conform to its specifications set out therein, be of satisfactory quality and fit for
(e)
any purpose held out by Cuckoo; and
All services will be provided by qualified personnel, in a timely, reliable, professional and workmanlike manner
that will not cause harm or injure to the reputation of Cuckoo and in accordance with applicable law.
10.Credit Check
• The Customer authorises Cuckoo and/or its agents and/or representatives to make necessary inspection and/or
inquiries to verify the information provided to Cuckoo by the Customer from time to time
• The Customer consents to Cuckoo disclosing relevant personal data and/or credit information of the Customer to any
credit reporting agency and authorises Cuckoo to receive the Customer’s credit report from the credit reporting agency.
The Customer agrees that such disclosure of information and obtaining of credit reports can be performed by Cuckoo
at any time during and/or after the cessation of relationship between Cuckoo and the Customer, including when there
is any default/outstanding amount due to Cuckoo from the Customer.
11.Termination
• Cuckoo may at any time at its sole discretion terminate the Agreement and forthwith recover the possession of the
Product upon occurrence of any of the following:
(a) The card account is canceled or terminated by the Customer or the Bank for whatever reason;
(b) The Customer has defaulted in any of his/her obligations stated in the Agreement;
(c) The Customer has defaulted in the payment of any amount due under the Agreement;
(d) In the event of a death or bankruptcy petition is presented against the Customer, or the Customer is unable to
pay their debts as they fall due.
• Upon termination of this Agreement, however caused, Cuckoo’s consent to the Customer’s possession of the Product
shall terminate and Cuckoo may, by its representative(s), with prior written notice and at Cuckoo’s sole cost and
expense, retake possession of the Product and for this purpose may enter any premises at which the Product is
located, and the Customer shall pay to Cuckoo on demand within fourteen (14) days all rentals and other sums due
but unpaid at the date of such demand. 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.
The Customer:
• The Customer may only terminate this Agreement by giving Cuckoo a written termination notice of minimum thirty (30)
days in relation to the early termination of this Agreement (“Termination Notice”). Notwithstanding the foregoing, the
termination of this Agreement by the Customer shall only be valid subject to the condition that Early Termination Fee
has been cleared and settled fully by Customer. For avoidance of doubt, Early Termination Fee shall be calculated as
follows.
Early Termination Fee = (Obligation Period x Monthly Recurring Price) – (Total Paid Rental)
• Upon receipt of the termination notice, Cuckoo shall retake possession of the Product and for this purpose may enter
any premises at which the Product is located. Following which, all monthly rental within the Obligatory Period shall
become immediately due and the Customer shall pay to Cuckoo on demand within fourteen (14) days all outstanding
rentals and other sums due but unpaid at the date of such demand.
• 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.
12.Force Majeure
Neither party shall be liable to the other in any way whatsoever for any acts of God, war, riot, strike, terrorism, lockout,
industrial action, failure or power, fire, flood, drought, storm, unavailability of materials and goods used in the Product
or any event beyond the reasonable control of either party. Subject to the party so affected promptly notifying the other
party in writing of the reasons for the delay (and the likely duration of the delay) the performance of such party’s
obligations shall be suspended until such time as the cause giving rise to such suspension shall no longer prevail.
13. Indemnity
• The Customer shall indemnify and hold harmless Cuckoo and its directors, shareholders, officers, employees,
agents, affiliates, successors and assigns thereof, from and against all allegations, claims, demands, losses,
damages, liabilities, actions and cause of
• action of any nature, including but not limited to personal injury, wrongful death and property damage arising out from
or in connection to the condition, possession, use and/or operation of the Product unless such act is attributable to
willful intent or gross negligence on the part of the Cuckoo.
• Cuckoo will, in no event, be liable for any loss or damage (including without limitation, loss of income, profits or goodwill,
direct or indirect, consequential, exemplary, punitive, special or incidental damages of any party including third parties)
arising out of or relating to this Agreement or the transaction it contemplates (whether for breach of contract, tort,
negligence, or other form of action) and irrespective of whether Cuckoo has been advised of the possibility of any such
damage.
• In no event will Cuckoo’s liability exceed the price the Customer paid to Cuckoo for the Product provided giving rise to
the claim or cause of action.
14.Assignment
Neither party shall assign this Agreement or any part of it to any other third party, without the prior written consent of
the other.
15.Data Protection
• The Customer agrees to provide Cuckoo with all personal data relating to the Customer (“Personal Data”) which is
requested thereon for the performance of this Agreement. The Personal Data provided will be used and processed in
accordance with Cuckoo’s data privacy policy as outlined in https://www.cuckoo.com.my/pdpa-consent/;
• Cuckoo warrants that:
(a) it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders,
standards and other similar instruments;
(b) it will take appropriate technical and organisational measures against the unauthorised or unlawful processing
of personal data and against the accidental loss or destruction of, or damage to, Personal Data to ensure
Cuckoo’s compliance with Personal Data Protection Act 2010 (PDPA 2010); and
(c) Cuckoo shall notify the Customer immediately if it becomes aware of any unauthorised or unlawful processing,
loss of, damage to or destruction of the Personal Data.
16.Notice
Any notice to be given hereunder to Cuckoo shall be in writing and may be delivered by hand or sent by prepaid
registered post or by facsimile to the number and/or address as stated in this Agreement or to such other number
and/or address as one party may notify in writing to the other party and shall be deemed to duly served:
To Cuckoo: Cuckoo International (MAL) Sdn Bhd
16th Floor, Menara Bangkok Bank, Laman Sentral Berjaya, No.105, Jalan Ampang, 50450 Kuala Lumpur
Fax No: 03-9078-28238
• If it is delivered by hand, at the time of delivery and duly acknowledged;
• If it is sent by prepaid registered post, three (3) days after posting thereof; or
• 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.
17.Governing Law and Dispute Resolution
• This Agreement shall be governed, constructed and enforced in accordance with the laws of Malaysia and the law
courts of Malaysia.
• If any dispute or difference shall arise between the parties to this Agreement from or in connection with this Agreement
or its performance, construction or interpretation, the parties shall endeavour to resolve it by agreement through
negotiations conducted in good faith.
• If the dispute or difference has not been resolved within thirty (30) days or such extended period as the parties may
agree, the dispute or difference shall be referred to courts in Malaysia having jurisdiction on the dispute.
18. Anti-Corruption compliance
• Cuckoo shall and shall procure any other persons acting for or on its behalf to: -
(a) comply with the Malaysian Anti-Corruption Commission Act 2009, Malaysian Anti-Money Laundering, Anti-
Terrorism Financing and Proceeds of Unlawful Activities 2001, and any other applicable anti-bribery, anti-
corruption and anti-money laundering laws, regulations, guidelines, codes of practices or notices (“Anti-
Corruption Laws”);
(b) refrain from taking any action that would result in a violation of any Anti-Corruption Laws; and
(c) not to (i) offer, promise, or authorise the payment of any money, including, without limitation, any facilitation
payments; or (ii) offer, promise, or authorise the giving of anything of value; directly or indirectly to any person
or government official under circumstances where it is known to be or highly probable perceived that such money
or thing of value is to obtain or retain any business / advantage (regardless whether for itself or any other party)
or influencing any act or decision of such government official which may result in a violation of his lawful duty.
19.Miscellaneous
• Time whenever mentioned shall be of the essence of this Agreement.
• This Agreement shall inure to the benefit, and be binding upon each of the parties herein, its respective successors-
in-title and permitted assigns.
• This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter
herein and supersedes all prior discussions between the Parties. In the event of any dispute(s) and/or discrepancy
arising between the Parties, the contents of this Agreement shall prevail. Except as otherwise specifically set forth
herein, this Agreement shall not be amended except in a writing signed by both parties.
• Any term in any document furnished by Cuckoo which is in any way inconsistent with or in addition to the terms
contained herein is expressly rejected. This Agreement may not be modified except in writing and signed by both
parties. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall
remain valid and enforceable according to its terms.
• This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which,
taken together, shall constitute one and the same agreement.
• Electronic signature should be given the same legal force as a handwritten signature and will constitute an original for
all purposes.
• Nothing in this Agreement constitutes a relationship of principal and agent or partnership between Cuckoo and the
Customer or any of its affiliates, employees, agents or subcontractors.
• Each party shall bear its respective legal fees, costs and other incidental expenses incurred in the preparation and
execution of this Agreement.
[End of clauses]
THIS CONTRACT IS SUBJECT TO A COOLING-
OFF PERIOD OF TEN (10) WORKING DAYS
This is a written notice served to CUCKOO whereby I would like to waive, exclude and/or opt-
out from the 10 days cooling off period as provided under Section 25(2) of the Direct Sales
and Anti-Pyramid Scheme Act 1993 and I further consent for CUCKOO to deliver and install
the Equipment at my designated premise(s). This written notice shall be deemed to be served
on CUCKOO only upon the expiry of the seventy-two (72) hours from the Effective Date of this
Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first
above written.
_______________________________________________________________________________
SIGNED by the COMPANY
For and on behalf of CUCKOO INTERNATIONAL (MAL) SDN BHD
(Company No. 1102894-H)
Name :
NRIC No :
Designation :
___________________________________________________________________________
SIGNED by the CUSTOMER
Name :
NRIC No :
Date :