Showing posts with label Of Legal. Show all posts
Showing posts with label Of Legal. Show all posts

Tuesday, 31 August 2010

Merdeka, Malaysia.


All these while, we have been celebrating Merdeka as an occasion to go out and hang out with friends or family. We will either be having a barbeque at home or lounging at the Curve, doing practically the same old thing - just enjoying each other's company.

But after having learned the history of the Constitution and the emergence of our independence day in greater depth, i.e. the trials and tribulations that our forefathers fought to achieve what we have today re: "freedom", and after watching 1957 Hati Malaya, I no longer feel that celebrating Merdeka like the abovementioned is appropriate. The substance of celebrating is of greatest importance, not celebrating by its literal meaning. We celebrate to appreciate what these warriors have fought for us.

Maybe I grew out of that or just maybe I'm an old soul inside, but honestly, do you think that that is the best way to celebrate merdeka?

Today, thanks to them and the Prime Ministers that follow suit, we live in this country peacefully, with food to eat, clothes to wear, roof to shelter, roads to move about and so much more. There is hardly any domination, tyranny, subjugation or anything to that effect that restricts our movement and liberty to live. We are forever indebted to these incredible figures.

Imagine being in the shoes of the people who had to go through the periods of 1941 - 1957. The Japan annexation and the British domination. The mass bloodshed and tears that our great grandfathers experienced. I don't think we can ever envision what they were feeling, living in fear and fury.

So this year, I am more proud than ever for being a Malaysian citizen, more grateful to be living in this wonderful country that accepts, and not detest, people of all races, creed and religion. Malaysia is a magnificient place to call home.

Therefore, I'd like to wish Malaysia, happy 53rd birthday. May you be blessed by Allah always and may you thrive to become the best in all that are worth fighting for. Merdeka!

* Forgive me if I may have sounded too serious, I think ageing is slowly catching up on me. Lol.

Saturday, 10 April 2010

Customer is ALWAYS KING!

I've never dealt with someone so ignorant, who's business senses are even worse than those garbage in the trash bins waiting to be recycled. Maybe the garbage in the bins are even smarter than this person that I'm dealing, or dealt with so to speak.

You see, mom wants to give out yassins to those who will attend our akad nikah ceremony. Suddenly this particular blog commented on my chatbox giving a link to hers. So I clicked and saw quite nice yassins and eventually emailed them for a quotation on 20th March 2010.

Chronology of this uncalled for drama goes like this.

20.3.2010: Emailed for quotation. Waited for their reply and she (I assume it was a she) emailed me with this amount:

"300 unit- RM4(harga termasuk yaasin + pocket envelope)
RM3 (tanpa pocket envelope)"

21.3.2010: I asked them as to how does their envelope looks like and she asked ME to refer to her blog. Bukan dia sebagai offeror yang supply me with the info(s). Fine, and so I did.

22.3.2010: I asked for the revised quotation again since at the beginning I asked for 300 pieces then I changed to just 250 pieces.

24.3.2010: Still no reply from them. I emailed them AGAIN for the quotation. Only then she replied, but this time giving me a different price as per quotation dated 20.3.2010. She said,

"Hi..
For 250-RM4.20 (yaasin) + RM1 (custom made pocket envelope)
tq
"

So that means RM5.20 for a piece of surah yassin la kan? RM1.20 is a lot of difference isn't it?

Then she added,

"I just realized I typed it wrong...never shud email when the baby is sitting on the lap!
For 300-RM4(Yassin) + rm1 (envelope)
For 250- RM4.20 (yaasin) + rm1 (envelope)
For 200 - RM4.50(yaasin) + rm1(envelope)
Sorry for the miscommunication...."

What kind of a reason is that, NEVER SHOULD EMAIL WHEN THE BABY IS SITTING ON THE LAP??? Tak kelakar wei. Tak kelakar and tak cute langsung!!

I on the other hand who was trying my best to not be annoyed with such reasons, then replied..

"Really you didn't notice? Dah lama jugak kita ber email tau :) - can you sense the sarcasm there?
I decided based on that quotation. How? :("

and further sent another email to her saying...

"Hmm I nakk ... Tp boleh tak dpt discount? For 250pcs yassin + envelope round figure rm5 each?"

Then she replied,

":( tu ler..human error...luckily that my baby is not disturbing me at the moment.
Hmm..so macam mana? well, it's up to you dear..the choice is yours..
nak amik 200 or 300..with envelopes kan? "

See those words - "LUCKILY THAT MY BABY IS NOT DISTURBING ME AT THE MOMENT". LAGI TAK KELAKAR!

Still 24.3.2010. Now this reply,

"Well...I baru tanya my husband...and he said OK lah..
By the way, do you have anything else that you want to print s.a. wedding cards, tags, paperbags..u name it."

Daku dengan penuh baik hati, replied with this,

"Yay! Alhamdullilah thank you! :) so rm5 each. Total rm1250 right? how do we go about now? U will come up with the design as per my details then if everything okay baru I bank in 50% kan?
I'd also like to ask how much do you charge to print for:
A) thank you tags for 650pcs design A
B) thank you tags for 650pcs design B
C) message card for 350pcs postcard size
Thanks!"

26.3.2010: I sent them an email.

"So macam mana ya? When can I see the artwork so I can bank in the deposit?
Thanks."

26.3.2010 @ 1.37pm: She replied with..

"Tonite yer.. :)"

Okay I waited.

I got the first design only with the letterings of Surah Yassin (in Jawi) on 26.3.2010 @ 7.16pm. with this email:

"Hi...
For inlay dalam...u nak letak apa? usually org letak nama parents like
terima kasih daripada etc..."

27.3.2010: I replied dengan excitedness (menyesal excited) saying..

"Yay!
1. Tapi perkataan "Sempena" tu memang ada is it?
2. Hot stamping metallic pink okay.
3. Inlay dalam tu ada sample gambar tak so I can think of the words to be put in.
Thank you!"

At this point, the design was only the letterings of Surah Yassin. No artwork whatsoever.

27.3.2010 @ 3.28pm: She replied..

"bhgn dlm up to client actually."terima kasìh dr x n y serta
keluarga","sempena walimatul urus x n y" etc .yg sempena tu if x nk
ltk pun xpe.up to u."

And sent me the sample picture that I asked for at 9.27pm on the same day.

So on 28.3.2010, I replied,

"Okay got it already.
So okay, here goes.
1. Cover : as per earlier discussion which is -
a) Hot stamp metallic pink
b) Nama pengantin: ZAZNURIAH & HASHLEY
c) Tarikh: 5hb June 2010 / 22 Jamadilakhir 1431H
2. Inlay : seperti dalam gambar sample dan tambahan details are as such -Ikhlas Daripada
Datuk Ibrahim Thamby Chik & Datin Zaharah Dato' Jelani dan Keluarga
Okay, so can I see the final mock up Yassin and the quotation please?
Thanks."

29.3.2010: She emailed me with the cover but this time WITH THE ARTWORK I NEVER KNEW THAT IT EXISTED AND WHICH THEY CAN DO...

"Salam,
Harga RM5.00 x 250.00 = RM1250.00
*Harga termasuk sarung.
Tq."

29.3.2010: I replied..

"Salam.
Thanks for the design, they're lovely.
However, for the cover right, you ada buat 4 corners of the flower kan? I nak 2 je: top right corner & bottom left corner.
Is that possible?
Thanks."

Her reply on the same day was.. "Boleh :)" and emailed me the amended version of the design.

So I said,

"Okay. Better :) Confirm as per discussed.

So how do we go about now? Am supposed to bank in 50% right? Can I have your account number and details please?
How long will you take to get them ready?
Thanks."

Then on 31.3.2010: I sent an enquiry email stating:

"Dear, the mail below refers.
Could you please direct me as to the procedures from here? Thanks.
Oh just wondering, if that bunga tu guna bunga ikut gambar yang I attach boleh ke? Btw can I have your number please? Senang sikit nak communicate if emails lambat :)
Please reply to this email and the email below. Thanks."

Boleh tak MINTAK TOLONG DIA REPLY? Business apa ni?

So here, instead of replying via email. She texted me and said "Boleh tapi tak sesuai".

I said, "Tak sesuai ke tak boleh?"

She replied, "Boleh tapi I've been criticized for being to western (westernize la - English k.o?) with that kind of flower. Tak kena dengan concept Islam"

Saya dengan annoyed yang nak meletup replied, (not precise words but strong words are clearly remembered) "Really, honestly I feel sorry for those who judge one's iman and faith on the flowers on the cover of a Yassin. Those who have that perception are close minded people. It's like as good as saying, orang pakai tudung baik dan orang tak pakai tudung jahat. Tak semesti bukan?"

Someone got chickened out or insulted wtf and did not reply. I waited and eventually feeling bad for giving a complete stranger my two cents. In fact, I sent her an sms the next morning apologizing for being too blunt.

But guess what, that person instead, sent me this email and together with the design as per my request:

"Hello,
Here's the account number:
MAYBANK 16xx34xx16xx H BIN A H
TQ"

Wtf? I didn't confirm ANYTHING! But I still remained calm and replied with this on 5.4.2010:

"Salam.
I went through the pictures and I was thinking kita go ahead with your design la k? Senang you nak buat and simple. So I attach balik the picture yang you buat tu.
Therefore:
- Your design
- Metallic Pink
- 250 pieces
- RM5.00 each
Once I have banked in the 50% deposit, I'll email you. Thank you.
Regards,
Zaza."

Then the miraculous blog owner replied with:

"Salam
As stated in the blog, we charge rm25 for any artwork done.So, the grand total amount would be as below :-
Yaasin -250 x rm5 = rm1250
Artwork(Design given by client)= rm25
Grand total: rm1275
*postage rate will be known on the day of the delivery.
The yaasin will be printed as soon as we receive the 50% deposit.
Have a nice day!
TQ"

Immediately I replied with:

"Oh initially I didn't ask for any artwork, you came up with one. So I assumed rm5 was all inclusive.
I suggest u be clear step by step so people won't get mixed up.
In that case, I only want to stick with rm5 for each yassin + envelope. No need artwork.
Please take note, thank you."

6.4.2010: She emailed, saying...

"Hi
Do read the blog . I assumed you have read it. Anyway, the other clients had no problem with this at all.
All printers charge any artwork given by their client.We do not charge any artwork that is already done by us. For the sample that you had given us,we had to charge it coz our designer wasted his time + energy doing it for you and you yourself sounded as though you didn't want the design that we had normally use.(as posted in our blog)
Since you haven't given the deposit, you can still cancel it.The choice is yours.

Thank you."

So on 8.4.2010, I replied:

"Salam.

God knows how difficult is it to deal with you.
First of all, I remember I had to frequently ask you for quotation or artwork even to the extent of emailing twice just to get a response from you.

Secondly, at the very beginning you gave me a vast difference of price from RM4 with envelope to RM5 with envelope on the basis of your baby was on your lap therefore you were in a mess at that time. Having relied on your RM4 offer, I vouched in for an order. After I repeatedly ask for quotation from 20th March to 24th March, you "suddenly" realized that you got the numbers wrong and decided to change hencewith. I kept silent and since I still want the Yassin, I proceeded even though I was already puzzled and trying hard to not be annoyed with your reason because in business dealings, regardless of whether it is online or offline, there is this such thing as Business Communication. Clearly you are lacking in that area.

Thirdly, I remember correctly and if you want the facts, I asked for the artwork from you twice. I am the offeree and you are the offeror but I have to ask from you twice. Not you promptly alert me on it. And I also remember correctly, I just asked for the Yassin letterings, never did I know that you are able to do the kerawang/bunga on the cover of Yassin. Fyi, you posted a picture of the kerawang yassin only on the 27th. I placed an order from the 20th. So when you emailed me the artwork of which YOU created with the flowers, I myself was stunned. I only had the impression that you will do the cover based on the last design dated 20th March. Refer to your blog. And only then I asked whether is it okay to change the flower to some other design and your answer was, "Boleh but tak sesuai dengan yassin.." so I assumed that you will not do it and the story of you being criticized for the flower goes on.

I then waited for your text reply for two days from my last sms reply but to no avail. Suddenly you texted me asking for payment and emailed me the cover of the yassin WITH the design that I asked. In any way where does respect and humility lie in the sms? You don't just sms your customer OUT OF THE BLUE asking for payment when none is confirmed.

And yes I did ask (for the design) but you never said you WILL do the design. You just said it was tak sesuai and did not reply my sms at all. I was not informed that you will do it. You just did it anyways. But still, I kept quiet and when I take a look at it, I then emailed you to just proceed with your kind of flower. Suddenly you mentioned an extra charge of RM25. Okay FIRST OF ALL, I HAVE NO IDEA that you can put flowers on the cover of the yassin and second of all, I never did ask you to waste your designer's precious time if I knew that you will do it anyway. What about me wasting my 18 days from 20th March to 8th April?

Thank god I havent made any payment just as yet. It'll be a whole lot of mess if it did. Thanks so much for your precious time "wasted" on me. I suggest you improve on your kind of replies to a more professional level and perhaps take a good read on Contract Law. You'll then improve on your business.

And by the way, I've paid you RM25 for the precious design. You may wish to reply or not but I don't think we'll go any further from here.

Thank you very much for your time.

Salam."

So at 6.17 pm she replied,

"Zaza,
Miscommunication happens..shit happens.
Anyway, have a nice wedding!
TQ"

Followed by another email at 6.19pm:

"Salam
Pls give me your Maybank acct coz I do not want to accept rm25 after all the commotions.
TQ"

And another on 9.4.2010:

"Salam
Pls give me your Maybank acct coz I do not want to accept rm25 after all the commotions.
TQ"


10.4.2010:

"Salam
I'm still waiting for the acct no. If I do not receive any email from you, I will post it out next week.
TQ"

Of which I finally replied to this looney saying:

"What is it that you want to post out?"

She replied,

"RM25..
I will not accept the money.
Any proposed designed given by client other than ours should be charged a min of rm25( IF the client decided not to go ahead with the design)
In your case, you cancelled the design..so RM25 is applicable. If you have decided to go with it, we will not charge you for the design.
Since your Yaasin orders has been cancelled, I do not want to take rm25.Consider halal.
TQ"

I don't understand why I'm still replying to this woman who is incomprehensible of simple English.

"Look, I've made payment based on your own words. Again, I suggest you be clear step by step, think and scrutinize every word before you say something because your own words will be interpreted and work against you (see: contra proferentum rule).
So please stop emailing me in this manner. I've made my payment. Consider that halal. I do not wish to have any communications with you at all from now.
Thank you."

10.4.2010 @ 1.18pm: She emailed again after being so stupid to not understand the words, "I DO NOT WISH TO HAVE ANY COMMUNICATIONS WITH YOU AT ALL FROM NOW" saying..

"Ok I will post the money since you do not want to give me your account no."

Of which I replied 2 minutes later saying:

"I suggest you go donate the money to the blind, deaf and mute.
I do not want the money.
Thank you."

I can't believe it myself. Such a rude earthling. Ignorance of their own nature of terms and conditions moreover simple manners. Semoga berjaya lah dengan business anda.

Dears,
Know what you're doing. Regardless of anything. Jangan bagi chance untuk orang memperbodohkan anda. Tapi exception in this case. Nak buat macam mana kan kalau orang tak faham bahasa! No matter what, customer is always right! Tak caya pergi Google lah. Kalau tak jumpa lagi sah memang anda menjadikan diri anda ignorant.

Allah tak menjadikan manusia dilahirkan bodoh. Kebodohan boleh berubah menjadi bijak sekiranya seseorang itu berusaha dan berikhtiar untuk memperbaiki diri.

Wallahuallam.

Monday, 13 April 2009

Lose A Little, Gain A Lot.

Come dear readers, lets learn a little law.

Contra proferentum rule is a principle of construction in written contracts whereby if words of a contract are ambiguous, or of two equally possible meanings, they should be interpreted against the author, drafter or writer of the contract and not against the other party.

***(deleted and repealed)***

I never asked your best friend(s) why are they still friends with you, I never asked them to choose sides between me and you and my friends or your friends like you do to MY best friend, I have never ever ever and will never ask my best friend choose you over me, me over you. I just don't do the stuff that you have been doing, albeit the many never ending complains you say about my friends.

I remained silent. I've known you since we were kids, accepted the way you are, for what it's worth I don't know, but nothing, in fact, no one seems good enough for you. I tried to be nice but you just can't accept nice. You accept bitter, I guess it's only because that's just who you are and forever you will be. Bitterness just runs deep in your blood.

If the message for a simple request pun you consider as a form of an attack, I don't know how else to get through/help you. Maybe your (new) friends can help you or understand you better.

I pray that karma doesn't slap you right in the face, doing the things that you do/did to us from your own friends. I hope someday I don't see you labeling your friends as 'Them' or worst, you're the one being labeled, 'It'.

I ampunkan dosa you with me and Hash babe, I tak nak you tersangkut kat Padang Masyhar, sekaligus masuk Neraka because of this. The rest I shall let Allah swt to judge you.

It's okay to not like everybody, it's only normal to have a few that you despise. I guess it's alright to lose a little (friend like you), but I sure did gain a lot (of pahala and experience) from this.

For now, I'm going to live and let live, and embrace the "pure joy" goodness I will gain from this good riddance of hypocracy experience .

Sudah sudah la tu. Kalau dah tak suka, jauh-jauhkanlah diri. I think we all should bermuhasabah diri now.

Tuesday, 17 March 2009

Obiter Dictum.

I was reading through all my blog posts the other day and realized that most of the posts are write ups about my life, thoughts, travels, friends and family. But there is none in existence of sharing of (legal maybe?) knowledge/academics/the likes. Not that I think of myself as a bluestocking high flyer woman, but I thought, just maybe it might be interesting and educating to do this. After all sharing (of knowledge) is caring right? Hehe. This is how it's gonna work. I will post on something legally related, be it issues or terms for you readers to read. It's prolly going to be something simple and very brief, not too legal so that laymen may comprehend it faster and better. Should you have an opinion on the matter put before you, please do so at my comment box. First up,

Legal Thought of Today: "Obiter Dictum".

An obiter dictum is a Latin term for a statement "said by the way". It's a remark or observation made by a judge that does not form a necessary part of the court's decision, a
lthough included in the body of the court's opinion. It is persuasive in pursuing a case, but not binding.

How's that for a start?