- Device. The term “Device” means any electronic or communication device carrying the YES™ trademark or any logo, design or brand duly owned by or in which proprietorship is in the process of being registered to YTL Communications Sdn Bhd (793634-V) (“YTLC“) and sold by any agent, distributor, reseller or any such similar entity duly authorised to do so by YTLC.
- Free from defects. YTLC warrants that all Devices sold will be free from manufacturer’s defects in material and workmanship and will operate in accordance with its specifications when used under normal conditions for the duration of the Warranty Period (as defined below). Difference in specifications or features between differing Devices or different versions of Devices shall not constitute “defects” under this Warranty.
- Variations in Warranty Periods. The Devices may include and/or comprise parts, components or features which may be subject to warranty periods that are independent or different from those covering the Device as a whole. The different warranty periods (collectively referred to as “Warranty Period“) for the Device and all related parts and/or components therein shall be as follows:
3.1 Twelve (12) months warranty for the working Device as a whole;
3.2 Six (6) months warranty for any consumables, e.g. batteries, bulbs and/or chargers etc;
3.3 Ninety (90) days for any media upon which software is provided and bundled together with the Device, e.g. CD-ROM, memory cards etc
- Post Warranty Period. There shall be no warranty and YTLC shall not be responsible for any defects or damage discovered or manifesting itself after the Warranty Period. This does not, however, preclude a purchaser of Devices from obtaining chargeable repairs or replacements of parts for Devices from YTLC’s authorised service centres.
- Registration & Commencement of Warranty Period. The relevant Warranty Period for the Device and each respective component and/or part thereon shall commence from the date of the Device being duly registered on YTLC’s online product registration page at www.yes.my/activation. It shall be an express obligation upon you as the purchaser of a Device to register online within seven (7) days from the date of purchase of the Device to activate and enjoy the Warranty. Failure to effect registration within the period stipulated may result in the affected Device not being covered by the Warranty.
- Exclusions to the Warranty. Notwithstanding anything to the contrary, this Warranty and the extent of its coverage does NOT extend to and will NOT apply where the Device:
6.1 suffers scratches, cracks, or other cosmetic damage as a result of normal wear and tear and/or accident or abuse;
6.2 is used with any equipment, hardware, products or software not licensed or authorised by YTLC (including but not limited to adaptors and power supply sources) or which are otherwise not compatible;
6.3 is used for or in relation to any commercial purposes (including rental or lease);
6.4 is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, intrusion of or exposure to liquids, or other causes unrelated to defective materials or workmanship;
6.5 has its serial number or MAC ID or IMEI number (whichever may be applicable) defaced, altered, or removed;
6.6 is damaged by third party programs, data, viruses, or files;
6.7 is not used in accordance with the accompanying documentation and use instructions;
6.8 is opened, disassembled, repaired, modified, tampered or altered by other than a YTLC authorized personnel or repair centre; and
6.9 is purchased from non-authorized dealers or any non-legitimate sources
- Limitation to the Warranty. To the maximum extent permitted by law, and except as expressly set forth in the Warranty contained herein, YTLC makes no warranty or representation and there are no conditions, express or implied, statutory or otherwise, of any kind whatsoever with respect to the Device, including but not limited to the merchantability of the product or its fitness for any particular purpose or use, design, condition, quality, or performance of the product, or workmanship of the product or the components contained therein. Nothing contained in the user/instruction guide/manual shall be construed to create an express warranty of any kind whatsoever with respect to the Device. In addition, no other information, whether verbal or written from any other party, whether or not an employee or agent or representative of YTLC shall create or expand upon the scope the Warranty described herein. No warranties, whether express or implied, will apply after the relevant Warranty Period has expired.
- Warranty Remedies. In the event of any defect or damage to a Device that is validly covered by the Warranty described herein, then upon the defective/damaged Device being brought to an authorised YTLC service centre, such defective/damaged Device shall either be replaced or repaired by YTLC at its absolute discretion.
- Incidental, consequential losses etc. YTLC is not liable for any damages or loss of profit or loss of data or privacy or confidentiality of any kind resulting from the purchase, use, or misuse of, or inability to use the Device or arising directly or indirectly from the use or loss of use of the Device or from the breach of the express warranty, including incidental, special, consequential or similar damages, or loss of anticipated profits or benefits, or for damages arising from any tort (including negligence) or fault committed by YTLC, its agents or employees, or for any breach of contract or for any claim brought against you by any other party even if YTLC has been advised of the possibility of, or could have foreseen, any of the excluded damages.
- Claiming under the Warranty. The defective Device is to be deposited with or taken to an authorised YTLC retail or service centre, together with the relevant proof of purchase. Provided the Device is still covered by the Warranty, YTLC shall at its absolute discretion and upon conducting the requisite diagnostics, decide if the damage and/or defect affecting the Device is covered by the Warranty and if so, whether the Device should be repaired, replaced or the purchaser compensated (which compensation shall be subject to any applicable deduction for depreciation at YTLC’s discretion). YTLC shall not be responsible for loss of content, data or any issues relating to infringement of privacy or confidentiality whilst undertaking repair or replacement of the Device. Any replacement parts will be new or refurbished and warranted for the remainder of the original Warranty Period.
- Uncollected Devices. Any Device deposited for repairs and remaining uncollected for a period of ninety (90) days shall be deemed to be unwanted and YTLC shall have the right to dispose of such uncollected Device or to deal with it in any manner as YTLC shall deem fit, without the need for notice.