0% Installment Plan : Terms and Conditions - HSBC Bank Malaysia Berhad

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HSBC Bank (M) Berhad

Terms and Conditions of Instalment Payment Plan

IMPORTANT: Before you make any purchase of goods under the Instalment Plan, please read these Terms and Conditions carefully and make sure that you understand them well.

You will be deemed to have accepted these Terms and Conditions when you make a purchase of Merchandise under the Instalment Plan.

Definition
1. The following expressions shall have the following meanings in these Terms and Conditions, unless the context otherwise requires:
  
  "Cardholder Agreement" means the Terms and Conditions governing the use of the Card issued by HSBC Bank Malaysia Berhad ('the Bank') and applicable to the Card Account under which the Cardholder makes an Instalment Purchase.
  
  "Direct Debit Authorisation Form" means the attached authorisation in the Bank's prescribed form, duly completed by you and the Instalment Plan Merchant at the time of an Instalment Purchase for submission by the Instalment Plan Merchant to the Bank, whereby you agree to observe and be bound by these terms and Conditions (as may be amended from time to time) which are applicable to the Instalment Purchase.
  
  "Instalment" means each Instalment amount charged to the Card Account on a monthly basis during the Instalment Period, as calculated in accordance with Clause 4.
  
  "Instalment Period" in relation to an Instalment Purchase means, the period determined by the Bank in the Direct Debit Authorisation Form for payment by Instalments of the Instalment Purchase Amount.
  
  "Plan" means the Instalment Plan made available by the Bank to you as a credit card cardholder of the Bank to enable Instalment Purchases to be paid for wholly or partly by Instalments subject to these Terms and Conditions.
  
  "Instalment Plan Merchant" means a merchant participating in the Plan, as designated by the Bank from time to time.
  
  "Instalment Purchase" means any purchase of Merchandise by you from an Instalment Plan Merchant under the Plan.
  
  "Instalment Purchase Amount means the whole or part of the Instalment Purchase (as specified in the Direct Debit Authorisation Form) that is to be paid by Instalments under the Plan.
  
  "Merchandise" means goods and/or services which are the subject of an Instalment Purchase.
2. Definitions of words and expressions in the Cardholder Agreement shall apply equally to these Instalment Plan Terms and Conditions, except where there is an express variation of a definition or a different meaning is assigned in these Instalment Plan Terms and Conditions for the purpose of the Plan.
Applicable Terms
1. In relation to your participation in the Plan:
  1. The Cardholder Agreement shall apply in conjunction with these Instalment Plan Terms and Conditions.
  2. In the event of any inconsistency between the Cardholder Terms and Conditions and these Instalment Plan Terms and Conditions, these Instalment Plan Terms and Conditions shall prevail in so far as they apply to the Plan.
  3. The minimum Instalment Purchase Amount to qualify for the Plan shall be RM1,000.00.
  4. The Instalment Purchase Amount shall be taken into account when computing your available credit limit. Your credit limit shall be reduced by the amount of Instalment Purchase Amount and shall be restored as each Instalment paid by you.
Instalment Purchase
1. You shall produce your Card to the Instalment Plan Merchant when making an Instalment Purchase for verification of your status as a Cardholder.
2. Subject to these Instalment Plan Terms and Conditions, you may make an Instalment Purchase from an Instalment Plan Merchant if:
  1. you have applied to participate in the Plan in respect of the Instalment Purchase by completing the Direct Debit Authorisation Form and submitting the same to the Instalment Plan Merchant for onward transmission to the Bank;
  2. the Bank has accepted your said application to participate in the Plan;
  3. any other condition(s) as may be stipulated by the Bank from time to time in relation to Instalment Purchases from the Instalment Plan Merchant has/have been met; and
  4. there has been no breach of the Cardholder Agreement or these Instalment Plan Terms and Conditions herein.
3. The Bank reserves the right to reject your application to participate in the Plan without giving any reason therefof. The Bank is not and shall not be held liable or responsible in any manner for direct, indirect, special or consequential damages arising out of any such rejection.
Instalments
1. Each Instalment shall be calculated by dividing the Instalment Purchase Amount by the number of months constituting the Instalment Period.
2. The number of Instalments, the amount of each Instalment and the Instalment Period cannot be altered without the Bank's written consent.
Payment
1. The first instalment will be charged to your Card Account the month following the Bank's acceptance of your application to participate in the Plan and the subsequent instalments shall be charged to your Card Account on a monthly basis thereafter.
2. The Cardholder Agreement in relation to payment shall prevail.
Exclusion of Liability
The provisions of the Cardholder Agreement regarding purchase of Merchandise by use of a Card shall apply equally to each Instalment Purchase. You shall resolve all disputes or differences on the quality or quantity of the Merchandise with the Instalment Plan Merchant directly. In particular, the Bank shall not be held liable for any inadequate, defective or damaged Merchandise or other disputes between you and an Instalment Plan Merchant relating to any Instalment Purchase.

You hereby expressly authorise the Bank to continue to debit the Instalments Amounts to the Card Account in accordance with the Direct Debit Authorisation Form regardless of any such dispute.
Termination and Acceleration of Payment
1. The Bank
  1. The Bank may at any time at its sole discretion terminate the Plan in respect of a Card Account.
  2. The Bank may exercise its right under sub-clause(a) if:
    1. The Card Account is cancelled or terminated (or notice of cancellation or termination of Card Account has been given) by you or the Bank for whatever reason;
    2. You default in the payment of any amount due under the Cardholder Agreement or any Instalment due under these Instalment Plan Terms and Conditions;
    3. You breach any of the provisions of the Cardholder Agreement or these Instalment Plan Terms and Conditions; or
    4. In the event of your death or a bankruptcy petition is presented against you, or you are unable to pay your debts as they fall due.
  3. Notwithstanding anything contained in the Cardholder Agreement, and these Instalment Plan Terms and Conditions, the Direct Debit Authorisation or any other document, the Bank shall at all times have the right at its sole discretion:
    1. To charge to the Card Account the aggregate of all remaining Instalments not previously so charged in relation to all or any Instalment Purchases, as well as the full Instalment Purchase Amount in relation to Instalment Purchases made but not yet charged, and/or
    2. To demand from you or your personal representative(s), immediate payment of all Instalments and any other amounts payable under these Instalment Plan Terms and Conditions, whether or not the same have already been reflected in the Monthly Statements or due and payable at the date of such demand.
    Where a demand has been made by the Bank under this Clause, the Bank shall be entitled to charge (i) interest on a daily basis on all sums in respect of which the demand is made from the commencement of the instalment plan to the date of repayment at the rate of 18.0% per annum; and (ii) any penalty interest/fees and costs (including legal costs on a solicitor-client basis) that may be charged to you.
2. The Cardholder
  1. you may at any time terminate the Instalment Plan on your giving the Bank a written termination notice 14 days in advance.
  2. The termination notice shall be irrevocable.
  3. Upon receipt of the termination notice by the Bank, all Instalments which have already been charged to your Card Account shall become immediately payable. The aggregate of all remaining Instalments not previously so charged in relation to all or any Instalment Purchases shall be payable as a normal charge on the Card Account.
  4. A termination fee at a rate to be determined by the Bank at its sole discretion from time to time may be charged to your Card Account.
GOVERNING LAW AND JURISDICTION
1. These Instalment Plan Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and directives of regulatory bodies/agencies.
2. Any dispute or difference arising in relation to or in connection with the Instalment Plan shall be subject to the jurisdiction of the Courts of Malaysia.