Terms Of Use for Panasonic Malaysia Direct

  • 1. DEFINITIONS
    • 1.1 "PM", means Panasonic Malaysia Sdn. Bhd. (26975-W) who is selling products to the Customer as identified in PM’s order form.
    • 1.2 "Product(s)" means product(s) and/or its/their peripheral product(s) by Panasonic listed as shopping items on this Website (including but not limited to Panasonic Products) and forming the subject matter of this contract as identified by Customer in the order form.
    • 1.3 "Customer" means a person or legal entity who orders the Product(s) via this Website.
    • 1.4 "Contract" means a contract containing these terms and conditions agreed upon between PM and the Customer for sale by PM and purchase by the Customer of the Product(s).
    • 1.5 "Panasonic Product(s)" means product(s) sold under the trademark "Panasonic" and/or other trademarks owned or used by Panasonic and listed as shopping items on this Website.
    • 1.6 "Accessories" means computer software, recording media such as cassette and video tapes, connecting cables, batteries, camera tripods and other optional or peripheral accessories sold for use with Panasonic Product(s).
    • 1.7 "Order ID" means the Customer Reference Number automatically generated and provided to Customer by PM upon Customer placing an order.
    • 1.8 "Working Day" means a day, from Monday to Friday which commercial banks in Kuala Lumpur are open for business, excluding Saturdays, public holidays and gazette public holiday.
    • 1.9 “Order date” means the day when customer receive the notice of acceptance from PM.
    • 1.10 “CCC” means PM Customer Care Centre.
    • 1.11 “Panasonic” means Panasonic Corporation, Japan and such other related companies of Panasonic Corporation, Japan which is in the business of manufacturing Panasonic Product(s).
  • 2. SALES CONTRACT
    • 2.1 SALES & PURCHASE

      PM shall sell and the Customer shall purchase the Product(s) in compliance with the Contract.

    • 2.2 ORDER/ FORMATION OF PRODUCT
      • 2.2.1 All orders of the Product(s) placed by the Customer via this Website shall be subject to acceptance by PM, which acceptance is at the discretion of PM. Upon the Customer placing an order, a unique Customer Order ID will be automatically generated and provided to the Customer to facilitate tracking of the Customer's order. The provision of such Order ID does not operate as an acceptance of the Customer's order and merely serves as confirmation that the Customer's order has been received by PM.
      • 2.2.2 The Contract shall come into existence when the Customer receives a notice of acceptance of the order from PM. In the event that an order is rejected, PM is not required to give any reason for the rejection.
      • 2.2.3 PM will only accept orders for delivery of the Product(s) to the street address of the Customer in Malaysia from residents of Malaysia who have attained the age of 18 years.
      • 2.2.4 PM reserves the right to limit quantities of the Product(s) purchased in any order.
  • 3. ACCEPTANCE
    • Unless the Customer notifies PM to the contrary by telephone, email or facsimile transmission within fourteen (14) days of delivery and such notification is confirmed in writing within fourteen (14) days of the notification, the Product(s) shall be conclusively deemed to have been accepted by Customer as being in good condition and in accordance with the Contract. Subject to the Customer's statutory rights, PM will not entertain any request to return or exchange for the Product(s). In the case of defective Product(s) under warranty which is declared by PM as a manufacturer defect (please refer to clause 7, service policy and warranty), PM reserves the right, at its sole discretion, to repair such defective Product(s) in lieu of replacing the same with equivalent products.
  • 4. TITLE, RISK OF LOSS OR DAMAGE
    • Title and risk of loss or damage to the Product(s) shall pass to the Customer on the physical delivery of the Product(s) to the address identified by the Customer in the order. Notwithstanding the foregoing, title to the Product(s) that are software products shall remain with the applicable licensor(s).
  • 5. SUPPORT
    • 5.1 PM offers support to the Customer for Panasonic Product(s) through telephone, email or facsimile transmission.
    • 5.2 PM will not offer support to the Customer for problems relating to any software or hardware products licensed or manufactured by any party other than Panasonic [or Panasonic Corporation, Japan]. If the Customer needs such support, Customer should contact the respective supplier or licensor of each such software or hardware product.
    • 5.3 The details of the Support are set out in the Customer Service page at http://www.panasonic.com.my or are available upon request from CCC at ccc@my.panasonic.com or +603-5543 7600.
  • 6. CRITICAL COMPONENTS

    The Product(s) are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

  • 7. CHANGES

    PM may update or discontinue any of Product(s) and/or revise prices for the Product(s) listed as available items on this Website or elsewhere at any time. Therefore, the Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogues, specification sheets etc.) may occur. All orders are accepted on these terms, which supersede any other terms appearing in this Website or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.

  • 8. RESALE

    The Customer agrees and warrants that the purpose of purchasing the Product(s) is for the Customer's own individual or personal use only, and not for resale. PM shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or PM, on reasonable grounds, suspects that the Customer will breach this warranty. The Customer shall not remove components from the Product(s) for resale.

  • 9. EXPORT RESTRICTIONS

    The Customer agrees to comply with all applicable export laws, regulations and orders of Malaysia, Japan and the United States of America. Specifically, but without limitation, the Customer agrees that it will not re-export or ship, directly or indirectly, any Product(s) or technical data in any form without first obtaining PM's prior written consent and the appropriate export or re-export licenses from the Government of Malaysia, the Government of Japan and/or the Government of the United States of America.

  • 10. WAIVER/ INVALIDITY

    Failure of PM to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.

  • 11. GOVERNING LAW

    The Contract shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the courts of Malaysia, that being the place where the Customer's order has been received and/or entered and accepted.

  • 12. ENTIRE AGREEMENT

    These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for the Product(s) that is subject to additional or altered terms and conditions shall be null and void and of no effect whatsoever.

  • 13. LEGAL NOTICE

    Panasonic Malaysia Sdn Bhd (26975-W)

    Panasonic Malaysia Sdn. Bhd. (26975-W) ("PM") maintains this site (the "Site") for your entertainment, information, education, and communication. Please feel free to browse the Site. If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only.

    If you are browsing this Site as an employee/agent/member of any business organization, you may download material displayed on the Site only for non-commercial purposes within your business or organization. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials. Additionally, you may not distribute or transmit (except, within your business or organization), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without PM's written permission.

    Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below.

  • 14. TERMS & CONDITIONS USED OF WEBSITE
    • 14.1 You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
    • 14.2 Your use of the Site is at your risk. PM makes no warranties or representations as to its accuracy and PM specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither PM nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
    • 14.3 Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.
    • 14.4 PM assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
    • 14.5 Subject to our Privacy Policy, if you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by PM or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, PM is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. PM shall assume no responsibility and shall not be liable for any unauthorized or unlawful interception or modification of any communication between you and PM (whether by electronic mail or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorized or fraudulent use of any information contained in or made accessible via such communication).
    • 14.6 Materials displayed on the Site are either the property of, or used with permission by, PM. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues.
    • 14.7 The Site refers to products and/or services that are generally available for purchase in Malaysia but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local PM authorized representative for specific product/service availability in your locality.
    • 14.8 PM is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While PM may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. PM disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
    • 14.9 Although PM may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, PM is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. PM will fully cooperate with any law enforcement authorities or court order requesting or directing PM to disclose the identity of anyone posting such materials.
    • 14.10 PM may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Legal and Trademark hyperlink at the bottom of the PM Web pages, to review the then current Terms and Conditions.
    • 14.11 These Terms and Conditions are to be governed by and construed in accordance with the law of Malaysia, without reference to its conflicts of law rules.
  • 15. TRADEMARKS

    The trademarks, including but not limited to, "PANASONIC", "TOUGHBOOK", "VIERA", "LUMIX" and others are trademarks of Panasonic and/or its affiliates. Any other trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or rights of use any trademark displayed on the Site without the written permission of PM or such third party owner. Windows is a registered trademark of Microsoft Corporation.

  • 16. FORCE MAJEURE

    PM shall not be liable for any delay in performing any of its obligations under the Terms and Conditions herein contained if such delay is caused by any circumstance beyond the reasonable control of PM so delaying, and PM shall be entitled to a reasonable extension of time for the performance of such obligations.