Deferred payment application form
Deferred Payment Agreement (Terms and conditions)
In this Deferred Payment Agreement (hereinafter referred to as “Agreement”), use of the words “You” or “Yours” refer to
you as an applicant and/or guarantor (as the case may be), while the words “We” or “Our” refer to the Approved
Merchant. This Agreement sets forth the legally binding terms for your use of the Deferred Payment through the services
provided at the Website or the Mobile Application that is owned, developed and/or operated by CHBE (“the Services”).
You hereby confirm and agree to be bound by the following terms through submission of the Application for Deferred
Payment (“the Application”) and continuous usage of the Services:
1. Assignment of Accounts Receivable
a. You have been fully informed and you hereby agree upon submission of the Application, CHBE shall conduct credit
assessment upon received the Application and subject to approval by CHBE.
b. The Approved Merchant will grant you access for the use of Services and subsequently, allows you to purchase
goods and/or services from the Approved Merchant with Deferred Payment.
c. By applying for the Deferred Payment, you acknowledge and agree that the Approved Merchant is permitted to sell
and irrevocably assign its rights, interests and titles under this Agreement for Deferred Payment in favour of CHBE
or its assignee, including but not limited to its rights to manage the account and collect payments from you.
d. For the avoidance of doubt, the Services and assignment of the Deferred Payment do not constitute a lending or a
credit facility. The assignment of Deferred Payment by the Approved Merchant in favour of CHBE merely represents
a factoring financial transaction.
2. Authenticity of the application and documents
a. Certain functions of the Website or Mobile Application may require an account to be opened and maintained (“the
Account”) and/or provision of certain information by you. Any information provided by you for the purpose of the
Account or any hard-copy application (if any) will be subject to Clause 11 hereinunder.
b. You are solely responsible and liable for your conduct on the Website or Mobile Application and any information
from you for the usage of the Services. By using the Services, you expressly represent, warrant, and undertake that:
(i) You agree to provide true, accurate, current and complete information about yourself in a timely manner as
requested by the Approved Merchant and/or by CHBE upon the assignment is completed and from time to time
promptly notify us and/or CHBE, as applicable, in writing of any changes (including but not limited to any
changes to your correspondence address, email address or mobile number). We shall not be held responsible for
any losses, charges, fines, interest, penalties or liabilities incurred or sustained by you in relation to your failure
to do so;
(ii) You shall be fully responsible for any unauthorized access to your Account, and shall notify us immediately,
failing which, you shall be liable for the damages suffered by CHBE or Approved Merchant;
(iii) You agree to ensure that your Account is used in a responsible and lawful manner and you shall not use your
Account to misrepresent your identity; to procure any goods and/or services that are illegal or unlawful in nature
or in a manner that contravenes any anti-money laundering and/or laundering and/or anti-terrorism laws or
activities; or for the purposes of accomplishing a cash advance; or conduct false or unrealistic transactions with
Approved Merchant; and
(iv) Upon assignment of this Agreement to CHBE, comply with CHBE’s operating procedures as may be informed
to you from time to time.
c. We and/or CHBE being the owner/developer/operator of the Website or Mobile Application, reserve the right to
decline or reject your Application and/or account opening by you at our and/or CHBE’s discretion and for
whatsoever reason without the need to justify such refusal. We and/or CHBE also reserve the right to bar
(“blacklist”)users from the Website or Mobile Application, on a permanent or temporary basis, at our discretion. Any
such blacklisted user must not attempt to use the Website or Mobile Application under any other name or through
any other user to avoid any remedy or legal implications.
3. Scheduled Payment
a. You are fully responsible for setting up an account for payment in the Account and ensuring sufficient funds are
available for deduction for all relevant fees and charges, including but not limited to the Deferred Payment on the
dates specified in your Payment Schedule, late payment fees based on outstanding Deferred Payments, and any form
of payable fees or charges. You acknowledge that you are also accountable for any penalty, charges or fees levied , if
any in the event of your bank account having insufficient fund or your credit/debit card is barred from deduction(if
applicable)
b. The total payable down payment (deposit), payable installment, number of installment and other charges of such
goods and/or services are all set out in accordance with this Agreement. You are required to pay the
aforementioned charges and the actual payable amount is as per the total payable abovementioned. In addition,
regarding the products specification, quality, warranty, and quantity, of the goods and/or services of the transaction,
please refer to the quality assurance certificate or any relevant certificate provided by Approved Merchant and
ensure all details/information are accurate. All payments pursuant to this Clause 3(b) shall be paid at once upon
receiving the notice from the Approved Merchant or CHBE subject to any assignment by the Approved Merchant
in favour of CHBE.
4. Cancellation, Return & Refunds
a. You understand that CHBE is not an importer, seller or distributor of the goods and/or services that you purchase.
If the goods and/or services you received is wrong, damaged or defective, or there is any dispute arising from aftersales service, you should contact us directly subject to our relevant policy on return/refund/cancellation. We shall at
all times be responsible and accountable for all matters pertaining to the goods/services.
b. For the avoidance of doubt, nothing in this Agreement shall infer or meant to bind CHBE on any non- conformity,
non-compliance or defects to any goods/services purchased or acquired by you nor to create a customer relationship
between you and CHBE in respect of the goods/services. We remain at all times fully responsible for our
goods/services, and the purchase/acquisition of the goods/services by you shall remain a contract between yourself
and us. CHBE is not liable for all warranties related to the Approved Merchant’s sale of their goods/services,
express or implied, including but not limited to any warranties of accuracy, reliability, and any implied warranties
for merchantability, fitness for a particular purpose and non-infringement.
5. Consumer Complaints and Disputes
a. In the event of a controversy, dispute or claim in relation to, in connection with, or arising out of, the quality or
delivery of the goods and/or services, you shall approach Approved Merchant directly without involving CHBE.
b. In the event of a dispute in relation to, in connection with, or arising from the Deferred Payment or with the
Approved Merchant’s assignment, any such dispute shall be resolved in the court in Kuala Lumpur with the Laws
of Malaysia.
c. You agree that any complaints or disputes shall not release or absolve you, in whole or in part, from your obligation
to make payment to CHBE in accordance with the Payment Schedule following our issuance of the Notice of
Assignment to you. In addition, you will also still be subject to late payment calculated in accordance with Clause 7
herein.
6. Payment method
a. You hereby agree to pay on time in accordance with the preferred method of payment, designating an eligible auto
debit and/or e-mandate transaction which is linked to CHBE payment account in the App. Upon our issuance of the
Notice of Assignment, in addition to any required initial payment, you must make scheduled payments to CHBE
based on the agreed Payment Schedule. If the original payment method is not successful, you agree and undertake
to change your payment method in accordance with the instructions of CHBE.
7. Late & Defaulting Payments
a. Upon issuance of the Notice of Assignment, in the event you have defaulted on your payments for purchase of
goods and/or services for whatsoever reasons, all unexpired installment is deemed to be wholly due in advance and
CHBE may require you to pay off in full settlement immediately without notice. You should also pay CHBE
separately, the late payment charges at the rate of eighteen per centum (18%) per annum calculated on a daily
accrued basis on any monies payable under this Agreement from the due date of payment to the date of full
payment.
8. Assignment of rights
a. You shall not transfer, novate or assign any rights or obligations you may have under these terms without our prior
written consent and, upon issuance of Notice of Assignment, CHBE’s prior written consent.
b. We/CHBE may transfer, novate or assign these terms along any rights or obligations or conditions herein to a third
party without your consent or notice.
9. Notification and Service of Notices
a. Should there be any changes in the information you provided to us or CHBE, you should immediately notify the
changes in writing.
b. Any other account, demand notice, notices or document required or authorized to be given by the Approved
Merchant or its assignees to you may be signed by the Manager, Assistant Manager, Accountant or any other duly
authorized officer or by any solicitor or firm of solicitors acting or purporting to act for the Approved Marchant or its
assignees. Such account, demand notice or document, as well as any Writ of Summons or other originating process
against you shall be deemed to have been given if served on you personally or sent to you by prepaid ordinary mail
accompanied by a Certificate of Posting or left at the address as provided by you under this Agreement or at his/her
usual or last known business or private address. Any such account, demand notice, Writ of Summons or originating
process sent by post shall be conclusively deemed to have been received by the Applicant within forty-eight (48)
hours after the date of such posting despite any evidence to the contrary.
10. Deferred Account Processing:
a. You hereby acknowledge that if you fail to pay any of the Deferred Payment on time after issuance of the Notice of
Assignment, CHBE will be entitled to demand for the payment by collection process, including attempting to contact
the reference provided in the Application. Without affecting or prejudicing CHBE’s rights in accordance with the law
and the Agreement, you shall reimburse to CHBE all cost and expenses incurred by CHBE (including legal cost of
CHBE on a solicitor and client basis) in attempting to recover payment of any sums payable by you to CHBE by
virtue of the Notice of Assignment, in the same manner that you would be liable to reimburse to us all costs and
expenses incurred to recover your defaulted payment under this Agreement prior to issuance of Notice of
Assignment.
11. Consent Authorization under the Personal Data Protection (PDPA)
a. Pursuant to the Personal Data Protection Act 2010 (“PDPA”), Credit Reporting Agency Act 2010 (CRA), Central
Bank of Malaysia Act 2009, and other applicable legislations, statutes, rules, regulations, guidelines, directives and
byelaws, you authorize and give consent to us and CHBE to conduct credit checks, including but not limited to
making inquiries with any credit bureau or other third parties in relation to this request, which CHBE may consider
necessary or deem fit subject to CHBE discretion.
b. You agree and consent for your personal data to be processed in accordance with CHBE’s Privacy Policy. To view
the Privacy Policy, click https://www.chailease.com.my/privacy/
c. You hereby expressly authorize us to give, produce, divulge, reveal, publish or otherwise disclose or make a record
of your personal and financial particulars as well as particulars of the Account with CHBE, to:
(i) any related companies of CHBE within and/or outside of Malaysia;
(ii) to any credit bureau or agency approved by the Association of Finance Companies of Malaysia and/or the
Central Credit Bureau of Bank Negara Malaysia;
(iii) any parties as CHBE may be required under any applicable laws, regulations, directives or guidelines (whether
having the force of law or otherwise);
(iv) any parties who stand as a guarantor or surety in relation to your liability;
(v) to any party whom CHBE in its sole judgment considers is making enquiries with a bona fide view to enter into
a prospective transaction with you; and/or
(vi) to any party pursuant to any arrangement, composition, restructuring or any proposed arrangement,
composition, restructuring with you as well as to any collection agency or any other person appointed by CHBE
to assist in collecting or recovering any sums due under this Agreement or repossessing, recovering or disposing
of the goods.
12. Entire Agreement
a. You expressly acknowledge that you have read these Terms and Conditions and understand its provisions, and you
agree that these Terms and Conditions constitute the entire agreement between you and us with respect to the
Deferred Payment.
b. You agree that when you submit the Application, you have fully read and understood all the terms herein contained,
you are fully aware that this Agreement will be binding on you upon approval of your Application, and you fully
comprehend the legal force, effects and implications of all terms, conditions and provisions herein upon approval of
your Application.
13. GOVERNING LAWS AND JURISDICTION
a. These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia. Any legal
matter arising for whatsoever reason, shall be heard at the court in Kuala Lumpur regardless of your place of
residency.