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Terms & Conditions - Foreign Currency Call

The following are the terms and conditions applicable for both Call and Time Deposit Accounts (hereinafter referred to as "Account" or "Accounts") to be opened with the Bank:

1. General

1.1 The customer agrees at all times to comply with all the following conditions, overnight limits and regulations which are subject to change by Bank Negara Malaysia from time to time without further notification by the Bank.

1.2 Notwithstanding the above, the Bank reserves the right to further impose any other such conditions and/or overnight limits on the customer for purpose of controlling and monitoring within the Bank.

1.3 The Bank reserves the sole and absolute right to reject or reverse in its entirety any deposits or proceeds through inward remittances in the absence of any clear and specific instructions or which may directly or indirectly result in a breach of the aforesaid conditions and overnight limits and/or to reserve such sum or sums from the customer's Accounts which have breached the aforesaid conditions and overnight limits caused by any other reasons including but not limited to the crediting of interest and fluctuations in exchange rate, under which the Bank shall then be authorised by the customer to convert and remit such deposits, proceeds or sums in Ringgit at the Bank's prevailing conversion rate.

1.4 The customer is required to notify the Bank in writing of any changes that may directly or indirectly affect the operation of the Accounts including but not limited to change of address, resident status, constitution of the business enterprise, name of the customer, authorised signatories, amendment in the Memorandum & Articles of
Association, change in the volume of export proceeds in the case of exporters, change in the qualifying conditions that effect the affect prescribed overnight limits and any breach of the qualifying conditions and/or overnight limits imposed by Bank Negara Malaysia in the operation of the Accounts.

1.5 The Bank shall receive prior notification from the customer of any proceeds to be remitted into the Accounts by telegraphic/mail/electronic transfers.

1.6 Withdrawals from any Account in a currency other than the currency of that Account shall be at the conversion rate to be determined by the Bank.

1.7 The Bank is under no obligation to accept deposits or allow withdrawals of foreign currency notes.

1.8 The Bank shall be bound to receive for the credit of the Accounts any cheque, draft, mail and telegraphic transfer, negotiable instrument and any monies payable to the customer PROVIDED THAT the aforesaid cheque, draft, mail and telegraphic transfer and negotiable instrument are in such form and substance acceptable to the Bank. Proceeds of any Ringgit or other foreign currency cheque, draft or negotiable instrument and monies payable to the customer shall be credited to the Accounts at the conversion rate to be determined by the Bank.

1.9 The Bank shall not be responsible for any loss suffered by the customer in connection with items banked in which have been lost, destroyed or delayed in the process of clearing or as a result of the Bank's remedial action on the customer's behalf to comply with the aforesaid conditions and limits set by Bank Negara Malaysia which in the Bank's opinion has been breached.

1.10 The customer shall not assign, transfer, charge, create any security or other interest in or otherwise dispose of or purport to do the same in respect of any deposits or any part thereof or any interest therein, if applicable except with the consent of the Bank.

1.11 The customer will indemnify the Bank, as collecting banker, for any loss which the Bank may incur by reason of its guaranteeing any endorsement or endorsements, discharge or discharges, on any foreign cheque, bill, note, draft, dividend, warrant or other instruments presented by the customer for collection; and every such guarantee given by the Bank shall be deemed to have been given at the customer's expressed request in every case.

1.12 A statement of balance of the customer's Accounts will be rendered once a month and as and when it is deemed necessary by the Bank. The customer is required to examine all entries in the statement of balance and report at once to the Bank any errors found therein. The Bank shall be entitled to reverse any entry contained therein at any time notwithstanding such acceptance by the customer.

1.13 Any correspondence delivered personally shall be delivered to the last known address and shall be deemed to have been given at the time of delivery. Any correspondence sent by the post to the last known address shall be deemed to have been given forty eight (48) hours after posting.

1.14 The customer shall be liable to pay all costs, charges, fees and expenses (including but not limited to the Bank's legal fees) in connection with or incidental to the Accounts including but not limited to the enforcement of or preservation of any rights of the Bank under the Accounts.

1.15 ³Business Day means a day on which banks are open for business in Malaysia and in the country issuing the currency of the deposit and does not include Saturdays, Sundays and public holidays in Malaysia and the country of the currency of deposit.

1.16 Notwithstanding the above terms and conditions, the opening and operation of the Accounts is also subject to the banking practices and laws of Malaysia, Exchange Control Act 1953, rules and regulations of the Association of Banks in Malaysia and the rules and regulations of other regulatory bodies established by Bank Negara Malaysia including any amendments made to such laws, rules and regulations from time to time.

1.17 Without prejudice to the foregoing clauses, it is hereby expressly agreed that these terms and conditions are additional and supplemental to the terms and conditions and rules and regulations issued by the Bank in respect of the Bank's depository accounts, banking products, banking facilities and services and such depository accounts, banking products, banking facilities and services which the Bank may introduce from time to time at its sole and absolute discretion (hereinafter collectively referred to as "the T & Cs"). In the case of conflict between these terms and conditions and the T & Cs, and unless otherwise stated, these terms and conditions shall prevail.

1.18 The customer hereby irrevocably and unconditionally consents to the Bank and its officers disclosing the customer¹s financial condition and details of the customer¹s account relationship with the Bank including credit balances and account transactions to:
  1. the Bank¹s subsidiaries related companies, associates companies and representative offices;
  2. the Bank¹s parent company and its parent company¹s subsidiaries, related companies, associates companies and representative offices (“OCBC Ltd Group”);
  3. the Central Credit Reference Information System(³CCRIS²), Central Credit Bureau (or other similar unit or bureau or entity in its place) established by Bank Negara Malaysia, the Biro Maklumat Cek or such other authority or body established by Bank Negara Malaysia;
  4. any authority or body established by any body or agency or authority having authority or jurisdiction over the Bank;
  5. joint account holder(s);
  6. agents or representatives or service providers of the Bank and OCBC Ltd Group;
  7. any assignee or potential assignee or acquirer or potential acquirer of the Bank¹s and OCBC Ltd Group’s rights and benefits in relation to the facilities or any securities;
  8. any person proposing to enter into contractual arrangements with the Bank and OCBC Ltd Group;
  9. any person or entity pursuant to any law, regulation, governmental directive or request or order of court, and/or any other party whomsoever as the Bank may, at its sole and absolute discretion deem fit.
1.19 The Bank shall be entitled, whenever permitted by law, and the customer hereby irrevocably and unconditionally consent and authorise the Bank, to use or apply, without the need to give the customer any notification, any information relating to the customer which was collected, gathered, received, captured, compiled, secured and/or obtained by the Bank through or by whatever means and methods, including without limitation, e-mail addresses, names, mobile phone numbers and the like, for such purpose(s) as determined by the Bank at its sole discretion from time to time.

1.20 Without limiting the generality of the foregoing, the Bank shall not be responsible or liable for any expense, loss, damage, liability or other consequences suffered or incurred by the customer if the funds credited or debited from the account(s) diminish in value due to taxes, depreciation or becomes unavailable due to restrictions (howsoever arising) on convertibility, requisitions, involuntary transfers, distraints of any character,
exercise of governmental or military powers, war, strikes or other causes beyond the Bank¹s reasonable control.

1.21 Where any currency in which the Bank¹s payment obligations are denominated becomes unavailable due to restrictions on convertibility, transferability, requisitions, government acts, orders, decrees and regulations, involuntary transfers, distraints
of any character, exercise of military or usurped powers, acts of war or civil strife, monetary union or exchange or similar causes beyond the Bank¹s reasonable control, the Bank shall be deemed to have satisfied such payment obligation by making payment in such other currency as the Bank deems fit.

1.22 No branch of the Bank in any jurisdiction(s) or the head office, subsidiary or affiliate shall under any circumstances whatsoever be liable to the customer in respect of the Bank¹s obligations and/or liabilities under these terms and conditions.

2. Foreign Currency Call Account

2.1 An Account may be opened in any currency other than Malaysia Ringgit which is acceptable to the Bank. Interest shall be credited monthly at the Bank's rate and will be calculated on the daily balances at the end of each day provided that no interest shall be payable on the daily balance unless the balance exceeds the requisite minimum amount stipulated by the Bank from time to time.

2.2 The Bank reserves the right to impose any limit on the amounts deposited and withdrawn to/from the Account including but not limited to the minimum credit balance to be maintained in the Account. Such limits and amounts may be subject to change from time to time at the Bank's discretion.

2.3 No interbranch transactions are allowed on the Account.

2.4 No overdrawings are allowed on the Account.

2.5 Withdrawals may be made by giving 24-hour notice in writing and customers are required to give clear and specific instructions in writing duly signed by them with regard to the withdrawal and disposal of the deposits. The Bank shall be entitled to refuse or refrain from carrying out such instructions if any such document appears to the Bank to differ from the specimen signature(s) of the customers or the authorised signatories. All alterations in such instructions should be confirmed by full signature and the Bank shall not be responsible for any loss or damage to the customer by reason of any compliance by the Bank where such instructions are incomplete or ambiguous or where the customer's Account is not sufficiently in credit to cover the bank charges and the amount specified in such instructions.

3. Foreign Currency Time Deposit Account

3.1 An Account may be opened in any currency other than Malaysia Ringgit which is acceptable to the Bank.

3.2 Deposits into the Account will be for a term and rate as agreed with the Bank. The Bank reserves the right to impose any such limits on the amounts and terms of deposit including but not limited to the minimum deposit limits which may be subject to change from time to time at the Bank's discretion.

3.3 Every deposit must be accompanied by the Bank's Time Deposit Instruction form.

3.4 Withdrawal of deposits can be made only on maturity. The Bank may at its sole and absolute discretion allow premature withdrawal of deposits PROVIDED ALWAYS that any loss/penalty charges for such withdrawals shall be fully borne by the customer. All withdrawal of deposits must be made in its entirety and not in separate sums.

3.5 Notwithstanding the above, if the maturity date falls on a non-business day, any renewal/disposal instructions by the customer will be carried out on the next business day.

3.6 The customer is required to give clear and specific instructions in writing with regards to the withdrawal and disposal of the deposits. Such instructions should reach the Bank at least two (2) Malaysian business days before maturity. The Bank shall be entitled to refuse or refrain from carrying out such instructions if the signature(s) on any such document appears to the Bank to differ from the specimen signature of the customer or the authorised signatories. All alterations in such instructions should be confirmed by full signature and the Bank may refuse to make payment when the alterations are confirmed by initials only. The Bank shall not be responsible for any loss or damage to the customer by reason of any compliance or non-compliance by the Bank where such instructions are incomplete or ambiguous or where the amount of the deposits is insufficient to cover the Bank charges and the amount specified in such instructions.

3.7 In the absence of any withdrawal/disposal instructions, the Bank is under no obligation to renew the principal and/or interest or to transfer or remit such matured sums to the customer or to any of the customer's accounts within or outside the Bank until further instructions are given to the Bank.

3.8 Withdrawals can only be made at the branch of deposit.

3.9 The Bank may at its sole and absolute discretion close the Account without any prior notice to the customer whether written or otherwise and without assigning any reason thereof in the event that there is no outstanding time deposit balances in respect of the said Account at any time after the opening of the said Account.
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