1. PURPOSE & UNDERSTANDING
1.1 These Terms and Conditions (“T&Cs”) govern the rental contract between Tan Boon Ming Sdn. Bhd. (TBM) (494355-D) (“Owner”) and the Renter (“Renter”) for the rental of a washer or fridge.
1.2 The “Item” shall include any machine or part thereof and any attachments or fittings or replacements or any other thing rented under this contract.
1.3 The “Charges” shall be the rate of rent for the item as provided on the pricing schedule, in Ringgit Malaysia (RM), and subject to the provisions of these T&Cs of Rental.
1.4 “Contract Period” is such a fixed period as is stated on the schedule of this Contract. “Rental Period” means the period of hire from the date of delivery of the Item up to the off-rent date; (both inclusive) all days being chargeable at the full daily rate of rental or at the weekly pro-rata depending on the length of the rental period, but subject to the stated minimum charge.
2.1 All variations or proposed variations of these T&Cs shall be deemed to be of no effect unless agreed in writing and signed by a Director of the Owner.
2.2 Unless the Renter notifies the Owner by phone, or email within 24 hours of the item being delivered to the site, the item shall be deemed to be in good serviceable order, in accordance with the Contract and to the Renter’s satisfaction.
3. RENTAL COMMENCEMENT
3.1 Subject to the other provisions of this T&Cs, the Owner shall supply the item on the delivery date and at the site stated in this. The period of rental shall start on the date of such delivery. Rental shall commence on the date of delivery unless otherwise stated in this Contract.
3.2 Responsibility for loss or damage to the item is accepted by the Renter from the time the item is delivered to the site until it is removed from the site by, or on the instructions of the Owner. This responsibility will also apply while the item is on-site during any period prior to the commencement of the rental or after its termination while the item is waiting for recovery by or return to the Company.
4. OWNER’S OBLIGATIONS
4.1 The Owner will ensure that the rental item is in working condition, regularly serviced, and maintained. Faulty items will be repaired or replaced during normal working hours.
4.2 The Owner reserves the right at its sole discretion to replace the item with an item of similar type, age, and condition at any time during the Contract Period or rental Period and all the T&Cs of this contract shall apply equally to the replacement item.
5. RENTER’S OBLIGATIONS
5.1 The Renter agrees to use the item solely for its intended purpose.
5.2 The Renter agrees to use, maintain, and take care of the item in a careful and responsible manner.
5.3 The Renter accepts full responsibility for any damage caused to the item due to misuse, poor positioning, or negligence.
5.4 The Renter shall use the item as instructed by the staff of the Owner or by written communication by the Owner.
5.5 The Renter agrees to return the item on the due date.
6. RENTERS’ REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
6.1 The Renter shall not use the item for any illegal purpose or contrary to its intended use, or in breach of any moral or social standard.
6.2 The Renter has the knowledge and skills necessary for careful and normal use of the rented item.
6.3 The Renter has the necessary authorization, licenses, and legal capacity to rent and use the Item.
6.4 The Renter shall be the sole custodian of the Item during the Rental Period.
6.5 The Renter shall inspect the item and confirms that the item condition is in good condition upon delivery.
6.6 The Renter has the responsibility to ensure that there is the required condition (power socket/electricity) for Owner’s delivery team to test the product upon delivery.
7. RENTERS' LIABILITY FOR LOSS, DAMAGE, THEFT OR LATE RETURNS
7.1 The Renter is fully responsible for any loss, damage, or theft of the item during the Rental Period.
7.2 In case of loss, theft, or irreparable damage, the Renter shall pay the full replacement value of the item and any outstanding rental. The Owner shall supply a replacement item with the same T&Cs.
7.3 The Renter agrees to indemnify the Owner against all third-party claims and losses related to damage or loss of property, personal injury, or death caused by the item or its use.
7.4 In the event that the Renter returns the item in a bad or poorly maintained condition beyond normal use, a cleaning fee will be imposed after which the item is considered lost/sold, and the deposit will be forfeited.
7.5 Any late returns will be charged on a monthly basis, with auto extension by a month if not scheduled for return within one week from the end date of the contract period.
8.1 Please refer to Appendix A for the pricing schedule.
9.1 The item remains at all times the property of the Owner.
9.2 The Renter shall not assign, sub-let, mortgage, charge, pledge, part with possession of or deal with the item without the written consent of the Owner.
10.1 The Renter shall pay the entire payment sum (being the payment of rental and where applicable transport, insurance charges and deposit) in cash or bank transfer by the date of delivery.
10.2 In case of termination, the Renter shall pay all outstanding amounts under this Contract and any money which the Owner may be liable to pay to a third party by reason of any seizure and removal.
10.3 The Renter shall bear the cost of repairs and replacements due to damages, except for normal wear and tear.
11. CANCELLATION POLICY
11.1 The Owner has a strict cancellation policy for all rentals as detailed below:
(a) Cancellation and full refund allowed if done before delivery.
(b) Cancellation during the middle of the Contract Period is subject to Owner's discretion.
12. ALLOWANCES AND LIABILITY
12.1 Without prejudice to the provisions for payment herein before setting out, the Renter shall be fully liable for damages resulting from a breach of the Contract.
12.2 The Owner shall not be liable for any consequential or indirect losses or damages arising from the rental services.
13. TERMINATION OF RENTAL
13.1 The Renter may request for early termination but is not subject to refund.
13.2 A short-term rental is for the duration of the event, and terminations occur after the event ends.
13.3 Extensions may incur pro-rata charges, while cancellations adhere to the Cancellation Policy.
14. DELIVERY AND RETURNING POLICY
14.1 Delivery and pick-up details will be provided by the Owner before the commencement of the rental.
14.2 Delivery within 24 hours after receiving confirmation that the delivery slot or the product are both available.
14.3 In the event that the Renter requires assistance to collect the item, additional delivery charges will be levied.
14.4 The Renter must adhere to the set return date, time, and collection point.
15. DISPUTE RESOLUTION
15.1 Any disputes arising under this agreement shall be resolved through amicable negotiations between the parties.
15.2 If an amicable resolution fails, the parties agree to pursue alternative dispute resolution methods, such as mediation or arbitration.
16. DATA PROTECTION AND PUBLICITY
16.1. By participating in the Program, customers fully and unconditionally agree to and accept the T&Cs stated herein.
16.3. These T&Cs are governed by Malaysian laws, and disputes shall be referred to the exclusive jurisdiction of the Malaysian courts.