PLEASE READ THIS TERMS & CONDITIONS BEFORE PATICIPATING IN THE BUY NOW PAY LATER PROGRAMME, BECAUSE THIS TERMS & CONDITIONS CONSTITUTE A LEGAL BINDING AGREEMENT BETWEEN DAIKIN MALAYSIA SALES & SERVICE (“DMSS”) AND USERS OF THE GO DAIKIN APP/ESTORE (“GO DAIKIN APP MEMBER”).

This Terms & Conditions is a binding contract between DMSS and that Go Daikin App Member and which governs the terms of use of the Buy Now Pay Later Programme and all of the features and functions therein and any other related website or online offering whether accessed via a computer or a mobile device or through any other technology, manner or means. 

Buy Now Pay Later ("BNPL") Programme

DAIKIN MALAYSIA SALES & SERVICE (“DMSS”) enables Go Daikin App Member to place equipment order, installation, and cleaning services through Go Daikin App/Estore whereby Go Daikin App Member will be connected with DMSS’s third-party service providers for such supply of the equipment, installation and cleaning services.

The supply of the equipment, installation and cleaning services that such third-party service providers will provide to Go Daikin App Member shall be described and listed in Go Daikin App/Estore. DMSS will warrant a limited product warranty according to the respective BNPL packages purchased by the Go Daikin App Member. The said warranty will start from the date of completion of the installation of the product until the last day of instalment plan subject to terms and conditions as may be determined by DMSS from time to time.

DMSS shall not be responsible for any act, omission, default, misconduct or negligence of any third-party service providers in providing services to the Go Daikin App Member and any and all liabilities, damages, losses, costs, expenses and claims relating to such act, omission, default, misconduct or negligence shall be fully borne by the third-party service provider except as expressly provided herein.

In the event that DMSS provides hypertext links to other locations from Go Daikin App/Estore to the e-commerce platform and/or mobile application, it is strictly for information purposes only and DMSS gives no endorsement, recommendation or approval for any third party or their advice, opinions, information, products or services. DMSS shall not be responsible and makes no warranties in respect of the contents of the websites, the third parties named therein or their products or services. Linking to any other website or page shall be at Go Daikin App Member’s sole risk and DMSS shall not be responsible or liable for any and all damages, liabilities, losses, claims, costs and expenses suffered or incurred by Go Daikin App Member in connection with this linking provided by DMSS.

Use of the BNPL Programme may require Go Daikin App Member’s devices to have access or connection via mobile network or internet (fees may apply) and may require obtaining updates or upgrades from time to time. As use of the BNPL Programme involves hardware, software, and internet access, Go Daikin App Member’s ability to use the BNPL Programme may be affected by the performance of these factors. Go Daikin App Member acknowledges and agrees that complying with such system requirements, which may be changed from time to time, is his/her responsibility and that he/she uses any service provided by third parties are subject to the terms and conditions of use established by the respective third parties.

The BNPL Programme may require Go Daikin App Member to download and install updates from time to time. He/She agrees to such downloading and installation of updates as part of his/her use of the BNPL Programme. Use of the BNPL Programme will require his/her devices to have access or connection via mobile network or internet (fees may apply) and may require he/she to obtain updates or upgrades from time to time. As use of the BNPL Programme involve hardware, software, and Internet access, he/she ability to use the BNPL Programme may be affected by the reliability and performance of such system requirements. He/She acknowledge and agree that such system requirements, which may be changed from time to time, are his/her responsibility. He/she also acknowledge that the BNPL Programme will not be available in all countries or on all devices and may be subject to restrictions imposed by his/her network carrier or Internet provider.

1. Eligibility & Participation

1.1 Membership is free. Only individual above the age of eighteen (18) years old may apply to be a member of Go Daikin App/Estore (“Go Daikin App Member”).

1.2 DMSS’s BNPL Programme is open to all Go Daikin App Member with existing credit card holders of the participating banks including Public Bank Berhad (“PBB”), Malayan Banking Berhad (“MBB”), and Hong Leong Bank Berhad (“HLB”).

1.3 DMSS has the sole and absolute discretion to exclude any persons from participating in the BNPL Programme without any obligation to furnish any notice and/or reason.

1.4 An individual must have registered for an account in the Go Daikin App/Estore to be able to access and use the BNPL Programme.

2. Order Processing

2.1 Upon receiving the order for product(s) from the Go Daikin App Member, (“Customer”), the third-party service providers shall within a reasonable period, process the order and arrange for installation work of the product(s) and update “installation complete” status once the installation of the product(s) is completed. The installation work is only available during Monday to Saturday, except Sundays and Public Holidays. Customers are allowed to choose the installation date from eighth (8th) to forty-fifth (45th) day from the purchase date. The installation time will be from 9am to 6pm.

2.2 The delivery of the product(s) is by way of delivery services by the third-party service provider to the Customer’s address and any delivery to a post box is strictly not allowed.

3. Standard Installation

3.1 The third-party service provider shall install the product(s), i.e., equipment ordered by the Customer (“Equipment”) at the Customer’s premise, at no charge to the Customer, subject to scope of work listed in Appendix A.

However, DMSS will inform the Customer if there are any additional charges which is required to be incurred by the Customer, if there is additional piping length, additional accessories required during the installation of the Equipment at the Customer’s premise.

3.2 The third-party service provider shall install the Equipment at the manufacturing recommended location to allow for serviceability and safety.

3.3 DMSS shall only install the Equipment after the credit application is approved and 1st payment of the monthly instalment has been made via the payment gateway of the respective participating banks.

4. Refund Policy

4.1 All payments made by the Customer towards this Terms and Conditions of the BNPL Programme including the first monthly instalment, if any, is not refundable until and unless the order is cancelled by the Customer in writing to DMSS, within seven (7) working days prior to the installation of the Equipment. Upon receiving such written request, Daikin Malaysia Sales & Service Sdn Bhd will process the refund of payment as stated below:

(i) Mode of refund of payment to the Customer via online transfer (fund transfer from bank to bank). 

4.2 The duration of refund period by DMSS to the Customer will be within thirty (30) working days.

5. No Transfer, Sublease, Resale or Rental of the Equipment

5.1 The Customer shall not attempt to transfer, sublease, resell or rent the Equipment to any third party throughout the BNPL Programmes or the instalment plan, as the case may be. Loss of Equipment or attempts to transfer, sublease or resell the Equipment amounts to a material breach of this Terms and Conditions which warrants DMSS to commence any legal action against the Customer.

6. Cooling-Off Period

6.1 A period of time after a sale contract is mutually agreed between DMSS and the Customer during which the Customer may cancel the contract without incurring any penalty by giving written notice of such cancellation to DMSS prior or during the Cooling-off Period (as hereinafter defined). Cooling-off period for any instalment plan will be seven (7) working days from the date of the sale contract (“Cooling-off Period”) whereby installation of the Equipment will only be done after Cooling-off Period unless the Customer agrees to waive the Cooling-off Period under this clause 6.

7. Termination of this Terms and Conditions of the BNPL Programme

7.1 The Customer shall not terminate this Terms and Conditions prior to the expiration of the BNPL Programme. If the Equipment is not returned to Daikin Malaysia Sales & Service Sdn Bhd, this Terms and Conditions shall remain in full force, binding on the Customer, and the Customer shall be liable to pay the monthly instalment in full until the expiry of the BNPL Programme, as the case may be.

7.2 Daikin Malaysia Sales & Service Sdn Bhd reserves its sole and absolute right to terminate this Terms and Conditions at any time during the BNPL Programme, as the case may be, by giving thirty (30) days’ notice to the Customer, and retrieve the Equipment under the following circumstances: -

(i) Poor environmental conditions, abnormal usage of the Equipment, transfer and/or sublease and/or reselling and/or leasing of the Equipment, unauthorized modification of the Equipment; or

(ii) Breach of any other terms of this Terms and Conditions by the Customer.

(iii) In event of termination of BNPL Programme by DMSS, the balance of the remaining amount of eighty percent 80% shall be refunded to the Customer.

8. Delivery Policy

8.1 Delivery normally takes seven (7) to fourteen (14) working days (West Malaysia only) from the date of confirmed order. Specifically, the confirmed order status will be updated to “installation scheduled” and the successful delivery need to be signed by the Customer or the Customer’s authorised recipient (“Authorised Recipient”). In the event that product(s) ordered by the Customer have not been received after fourteen (14) working days following the confirmation of order, please contact DMSS’s call center at +1300-88-324 546 (DAIKIN).

8.2 The third-party service provider must ensure the Authorised Recipient authorised by the Customer acknowledges the delivery of the product(s) by signing at the e-delivery order upon receiving the product(s).

9. Damaged or Defective Products

9.1 If there are any discrepancies or damages of the product(s) as compared to the delivery order of the product(s), the third-party service provider shall request the Customer of the Authorised Recipient to write the actual physical quantity or the condition of the product(s) received on the delivery order; and sign-off with his/her name and identity card number.

9.2 For any delivery inquiries or complains, the Customers can contact customer service at +1300-88-324 546 (DAIKIN).

10. Delayed Delivery

10.1 In the event that the third-party service providers give notice to the Customer that the third-party service provider is unable to deliver any of the product(s) or any instalment of the product(s) at the scheduled time or appointment, the third-party service providers shall notify the Customer, on the Customer’s option, whether the Customer wants to reschedule a new appointment for the delivery or installation of the product(s).

11. Undeliverable Package

11.1 If the Customer fails to take delivery of the product(s), Daikin Malaysia Sales & Service Sdn Bhd shall be entitled, upon giving verbal or written notice to the Customer for reschedule delivery of the product(s), DMSS reserves the right to charge the Customer for any additional charges for such rescheduled delivery of the product(s).

12. Periodical Cleaning Contract

12.1 The preventive cleaning services is provided by the third-party service providers on the understanding that the Equipment is in good operating condition and subject to the conditions in the limited services warranty terms and conditions.

12.2 The preventive cleaning service is provided in accordance with its cleaning services’ policy. DMSS reserves its right to charge separately to the Customer for the cost of any additional service as deemed necessary.

12.3 The preventive cleaning service shall be provided at the first (1st) day of every sixth (6th) month starting from order date. Any reschedule appointment shall be done within thirty (30) days from the initial scheduled appointment to ensure the Product obtains adequate care. The preventive cleaning service appointment which is postponed for a period exceeding thirty (30)  days will be cancelled to allow the next coming preventive service to be done performed.

12.4 The Customer shall grant DMSS or authorised third-party service providers at all reasonable times full access to the Equipment covered by this Terms and Conditions of the BNPL Programme. The Customer shall provide adequate working space to permit unhampered access of the Equipment and DMSS shall be at liberty to start or stop the Equipment at any time provided that the Customer is informed of DMSS or authorised third-party service providers’ intended actions.

12.5 A written service report shall be submitted to the Customer after each preventive cleaning services or inspection. Any defects observed in any part or parts of the Equipment shall be reported to the Customer.

12.6 The preventive cleaning services does not include the following:

1) Supply of accessories and consumable items;

2) Upgrading of the Equipment;

3) Electrical work external to the equipment; and/or

4) Direct supply of electrical wiring from main switch board.

13. Limited Warranty Policy

13.1 Daikin Malaysia Sales and Service Sdn Bhd (“DMSS”) warrants that the product is free from manufacturing defects from the date of completion of the installation of the product until the last day of the instalment plan subject to terms and conditions as may be determined by DMSS from time to time (“Limited Warranty Period”) provided that it is under normal use & service for a period of twenty-four (24) months, thirty-six (36) months or sixty (60) months (as the case may be) in accordance with this Terms and Conditions of the BNPL Programme (“Limited Warranty Period”).

13.2 The Limited Product Warranty includes free part(s) and free workmanship for the part replacement within the Limited Warranty Period of this Terms and Conditions of the BNPL Programme.

13.3 The following conditions are expressly excluded from the Limited Product Warranty:

I. The product unit has been tampered with, subject to misuse, negligence and/or damaged by Customers or any unauthorised third-party service provider.

II. The product unit has been installed, maintained and/or operated by any unauthorised third-party service provider.

III. The product unit has undergone repairs, modifications, and/or dismantled by any unauthorised third-party service provider or any other person prior to the verification or approval by DMSS.

IV. Defects caused by abnormal voltage or the in-coming power supply is from a generator.

V. Defects caused by fire, lightning and other natural disasters or due to deviation from recommended application and installation.

VI. Defects caused by household pests such as lizard, rat, cockroach, etc.

VII. Defects caused by indoor unit installed near to sources of oil mist in which it may adhere to the heat exchanger and result in heat exchange reduction, water mists and spitting, etc.

VIII. Defects caused by chemical reaction, excessive heat, excessive dust, corrosive surroundings, such as cement factory, animal farm, etc.

IX. DMSS’s products must be installed at a location easily accessible or with sufficient space for maintenance and servicing works. Or else, DMSS reserves the right to request the third-party service provider to remove and bring down or relocate the products before any maintenance or servicing works (repairs) is carried out and additional charge will be incurred to the Customer for the aforesaid request to remove and bring down or relocate the products.

13.4 Upon expiry of the Limited Warranty Period, the Customer shall, at his/her own costs and expenses, pay towards the costs and expenses incurred for the maintenance and servicing of the product(s) including but not limiting to any replacement part(s) and/or workmanship for the replacement part(s).

14. General Terms and Conditions

14.1 By participating in the BNPL Programme, the Customer is deemed to have accepted and agreed to be bound by the terms and conditions set out herein and any other agreements, instructions, terms and conditions that DMSS may issue from time to time.

14.2 DMSS shall not be liable for any injuries to persons or damage to property or for any other damages or losses or fines whatsoever suffered by the Customer or any third-party service provider arising from or as a result of any breakdown or failure of the equipment or in any way connected with the performance of DMSS’s obligations to the preventive cleaning services or repair services unless directly attributed by DMSS’s gross negligence or wilful misconduct. The Customer shall indemnify DMSS and hold DMSS harmless against any damages, liabilities, losses, claims, costs, expenses and/or or proceedings suffered or incurred by or taken against DMSS (as the case may be) in connection with the aforesaid.

14.3 Notwithstanding anything stated in this Terms and Conditions of the BNPL Programme, any claim for losses or damages suffered by the Customer as a direct result of DMSS’s gross negligence or wilful misconduct in the performance of the obligation of DMSS hereunder shall be limited to a maximum total aggregate amount of Ringgit Malaysia Three Thousand (RM3,000.00) only or the total sum payable by the Customer under this Terms and Conditions of the BNPL Programme, whichever is the lower.

14.4 For the avoidance of doubt, the Customer agrees that DMSS shall has no liability and no claim whatsoever shall be made against DMSS for any consequential or indirect loss (including but not limited to loss of profit).

14.5 The Terms and Conditions set out herein shall be governed by the laws of Malaysia and the parties hereto shall submit to the exclusive jurisdiction of courts of Malaysia for any dispute, disagreement or controversy arising out of or in connection with this Terms and Conditions of the BNPL Programme.

15. Complaints

15.1 The Customer can contact DMSS’s call center at 1300-88-324 546 (Daikin) for any inquiries by using telephone and/or email to customer_service@daikin.com.my. DMSS will respond to the Customer within the next business day.

16. Terms and Conditions applicable for DMSS’s Buy Now Pay Later (“BNPL”) Programme

The following terms and conditions in this clause 16 is only applicable for BNPL Programme.

16.1 Processing fee

16.1.1 No processing fee is applicable for the BNPL Programme.

16.2 BNPL Programme’s instalment period

16.2.1 The BNPL Programme’s instalment payment period shall commence from the first (1st) day of the completion of the installation of the product(s) and shall continue until the expiry of the instalment plan under BNPL Programme.

16.3 Monthly instalment

16.3.1 The Customer shall pay the monthly instalment to the respective participating banks as may be notified or billed by the respective participating banks, based on the total amount stated in the invoice provided by DMSS.

16.3.2 The monthly instalment shall be paid using auto debit from Customer’s credit card of the respective participating banks. If the Customer, being the eligible cardholder fails to settle the monthly instalment in full, the balance of the monthly instalment which remains unpaid shall be added to the credit card outstanding balance and will incur finance charges at the respective prevailing rate and late payment charges (if applicable), in accordance with the terms and conditions of a cardholder agreement entered between the Customer as the eligible cardholder and the respective participating banks (“Cardholder Agreement”) or any agreement which has the effect of the same.

16.3.3 The Terms and Conditions herein, the general terms and conditions in the Cardholder Agreement and any relevant terms and conditions that the respective participating banks may specify from time to time shall be read together with this Terms and Conditions of the BNPL Programme (including any amendment or variation thereof) as an entire agreement.

17. Variation of this Terms and Conditions of the BNPL Programme

17.1 These Terms and Conditions of the BNPL Programme may be amended, altered and/or varied by DMSS wholly or in part, from time to time by giving prior notice via email, website or other means of communication that may be deemed appropriate by DMSS. The updated terms and conditions of the BNPL Programme may also be posted in the Go Daikin App/Estore.

APPENDIX A

SCOPE OF WORK