- DEFINITIONS:
Service : Nano Technology Waterproofing Repair Service or any other service marketed under the brand name Nano G, whichever is being referred to in the sales order form.
Nano G : Nano G Central Sdn Bhd
Customer : The person or organisation purchasing or renting the service
Customer agrees to be bound by the terms and conditions of purchase of the service as set out herein (“agreement”). Nano G reserves the right to request additional supporting documents for verification purpose.
- GENERAL
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 goods and services tax or tax of similar nature (“GST”) which is chargeable on the supply (or supplies) for which sum is (the whole of part of) the consideration for GST purposes.
Nano G reserves the right to accept or reject any customer order.
Nano G may sell or assign either absolutely or by way of security any or all of Nano G 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.
[Personal Information/Personal Data]
Nano G privacy statement which can be found at nanog.com.my/privacy-policy will form an integral part of this agreement (“privacy statement”).
Upon signing this agreement, customer acknowledges that customer has read and understood privacy statement and agrees to the processing of customer’s personal data as set out in the privacy statement. Nano G 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.
Customer authorises Nano G, 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 Nano G deems fit in connection with this application. At the same time, customer also agrees to give consent to CTOS Data systems Sdn Bhd which is Nano G’s appointed CRA as define in the credit reporting agencies act 2010 for the purpose of this application to disclose any such credit information to Nano G in order to allow Nano G to process customer’s credit information to determine customer’s credit standing.
Customer will receive one (1) copy of the signed Sales Order Form and upon installation shall receive a copy of the Service Form. Customer will be deemed to have accepted that the service is satisfactory and the installation of the service has been performed to customers satisfaction upon receipt of the same.
[Installation Fee]
Nano G or its appointed technician shall install the service at no additional charge.
[Non-refundable]
Last minute cancellation, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) amount.
This agreement shall be governed by the laws of Malaysia.
- SECTION A: TERMS APPLICABLE FOR OUTRIGHT PURCHASE OF SERVICE
The terms and conditions under this section A shall only apply where the service is purchased outright by customer.
This agreement come into effect from the date the service is successfully installed and after the customer has signed this agreement.
Nano G will only deliver and install the service after Nano G has received all the relevant payments from the customer.
Nano G reserves the right to repair or replace the service or any part of the alliance at its sole discretion if there are defects to the service during the warranty period. All components used to repair or replace the service or any part of the service shall remain the property of Nano G.
[Non-Payment]
In the event customer fails to make all payment due to Nano G in full, Nano G has the right to use any legitimate means, which shall include but not limited to listing the customer with a CRA, engaging collection agencies and commencing legal proceedings to recover the outstanding amount.
- SECTION B: TERMS APPLICABLE FOR INSTALLMENT PURCHASE OF SERVICE
[Applicability]
The terms and conditions under this Section B shall only apply where the service is purchased on instalment terms.
[Term]
This agreement shall commence and be effective upon:
Nano G has verified the customers credibility and other information provided by customer; and
The service is successfully installed;
[Unauthorised Purchases]
Nano G reserves the right to take legal proceedings in the event it discovers that false information, including forged documents, have been provided to Nano G.
[Installation Conditions]
Nano G will only install the service after:
All relevant payments have been made;
Nano G has verified the customer’s credibility and other information provided by customer;
Nano G has verified the suitability of the proposed location for installation of the service; and
Nano G has confirmed the availability of customer.
[Warranty]
Nano G reserves the right to repair or replace the service or any part of the service at its sole discretion if there are defects to the service during the warranty period. Such right shall include any decisions to change the filter of the service during regular maintenance. All components used to repair or replace the service or any part of the service shall remain the property of Nano G.
Customer shall provide Nano G with written notice within five (5) days of discovering moisture damaged surface by email or to the address stated. By notifying Nano G, the owner authorizes Nano G or its delegates to investigate the cause of the moisture damaged surface. Should the investigation reveal the cause of the moisture damaged surface to be outside the scope of Warranty, investigations and repair costs for this service shall be paid by the owner.
If, upon inspection, Nano G determines that the moisture damaged surface is covered by the warranty, Customer remedies and Nano G liability shall only be limited to Nano G recoating of the surface.
Warranty shall not be applicable if, upon Nano G’s inspection, Nano G determines that any of the following has occurred:
The surface is damaged by natural disaster, including but not limited to, lightning, fire, insect damages, flood, or
The surface is damaged by any intentional or negligent acts, accidents, misuse, abuse, vandalism, civil disobedience or the like.
Deterioration or failure of building components.
Acid, oil, harmful chemicals and the like come in contact with Nano G’s coating or otherwise damage the Nano G’s coating.
Warranty only applies to Nano G products applied strictly in accordance with Nano G written instructions.
Warranty shall be null and void if any of the following occur:
If, after installation of Nano G’s coating, there are any alterations or repair made on or through the coated surface or objects such as, but not limited to, structures, fixtures, or utilities are placed upon or attached to Nano G coated surface without first obtaining written authorization from Nano G; or
Failure by the customer to use reasonable care in maintaining the Nano G’s coated surface.
Nano G shall have no obligation under this warranty while any bills for installations, supplies, service and warranty charges have not been paid in full to Nano G.
Nano G’s failure at any time to enforce any of the terms and conditions stated herein shall not be construed to be a waiver of such provision.
Nano G shall not be responsible for the cleanliness or discoloration of the surface caused by ordinary weathering and environmental conditions including, but not limited to, dirt, pollutants, or biological agents.
Nano G shall have no liability under any theory of law for any claims, repairs, restoration, or other damages including, but not limited to, consequential or incidental damages relating, directly or indirectly, to the presence of any irritants, contaminations, vapours, fumes, or the like in the building or in the air, land, or water contacting the surfaces.
Nano G does not warrant products utilized in this installation which it has not furnished or fitted out; and specially disclaims liability, under the theory of law, arising out the installation performance, or damages sustained or caused by, products not furnished by Nano G.
The remedies stated herein are the sole and exclusive remedies for failure of the Nano G’s product or its components. There are no warranties either expressed or implied, including the implied warranties of fitness for a particular purpose, which extend the beyond the face hereof, Nano G shall not be liable for any direct or indirect incidental, consequential, or other damages including, but not limited to, loss of profit or damage to the building or its contents under the theory of law.
[Billing]
Any dispute regarding billing must be communicated to Nano G in writing within thirty (14) days from the date of the relevant invoice failing which, the invoice is deemed to be accurate. Notwithstanding a dispute regarding the amount in the invoice, customer shall promptly pay any outstanding amount which is not in dispute.
Nano G reserves the right to change mode of billing from time to time without giving any prior notice.
[Others]
Customer must inform Nano G in writing of any changes or amendment to the customer’s personal details (address, telephone, etc.) as soon as possible.
Nano G will not be responsible for any issues that arise due to customer’s failure to comply with the above clauses.
Nano G reserves the right to make the final decision regarding any dispute.