1 1 2 3 4 5 6 7QUANTUM COMPUTER (M) SDN BHD 8 9 10 11COMPREHENSIVE AUTO RESTORATION SDN BHD 12(NO SYARIKAT: 169627P) 13 14TARIKH 15MASA

16 17 18Koram
Hakim Peguam Plaintif Yang Arif Puan Norliza Binti Othman Lim Chi Chau YA LCC

KKKK DALAM MAHKAMAH SESYEN DI SHAH ALAM (BAHAGIAN SIVIL) GUAMAN NO: 52-1495-09 ANTARA PLAINTIF

DAN DEFENDAN

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25.07.201 (2:12:57 PM) NOTA KETERANGAN

Peguam Defendant

M.Raman

MRM

19 20Saksi Saksi 21
SP-1 Tan Boon Kheng JRB Penterjemah TAN PTJ

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Jurubahasa

MULA
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1 1 2JRB 3 4YA 5 6SP1 7Nama : 8Umur : 9Alamat: 10Pekerjaan: 11Bersumpah dan memberi keterangan dalam Bahasa Inggeris 12Masa : 13 14Pemeriksaan Utama (Examination-in-Chief) 15YA 16 17LCC 18 19YA 20 21LCC 22 23 24 25 26MRM From this demonstration of the software, the defendant has objection 27 28 29 30 31 32 33 34 35 36YA 37
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Court bangun Please call your witness.

TAN BOON KHENG

(2:13:19 PM)

Yes, that day we proceed where? Proceed in the. Question No? No.8, Puan. Do you comply to every single, do you comply to terms of agreement, then, yes, the plaintiff comply to every single details. Seterusnya, pada soalan 9 to demonstrate the software. Later, we stop from there.

because the agreement here was in the year 2006, the complaints by the defendant to the plaintiff was throughout from 06 to 2008. The complaints was at that time the system was not working as per the agreement. What the plaintiff should have done was at that time bring this program and show it to the plaintiff to his satisfaction. So, we dont know from 2008 until now 2011 whether anything has been added to the system or whatever it is it doesnt reflect the problems that arose in 2008, 2007, 2006. Thats my objection. Ok, noted.

1 1LCC 2 3 4 5 6 7 8 9 10 11 12 13 14YA 15 16 17MRM Way back in the year 2006, even. 18 19YA 20 21 22 23LCC 24 25YA 26 27 28YA 29 30 31 32 33 34TAN 35 36YA 37
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Puan, untuk menjawab pada bantahan rakan (00:02:27 inaudible) pihak kami ingin menyatakan bahawa the whole the material issue in this case jika dilihat dekat di pembelaan defendan, apabila defendan mempunyai 7 mukasurat dan 4 mukasurat tersebut adalah berkenaan dengan defects of the software dan pihak kami pada setiap masa material menyatakan bahawa software tersebut adalah berfungsi dan tiada masalah. Oleh yang demikian, pihak kami perlu menunjukkan pada mahkamah bahawa software tersebut adalah berfungsi dan sekiranya pihak defendan kononnya menyatakan pihak kami telah memperbaiki semua masalah-masalah dalam software tersebut pihak defendan boleh memanggil teknikal, yang in-charge IT yang boleh membawa software yang kononnya. Isu dia, is whether there is some penambahbaikan to the software, right, ok. When is the first complaint given to the plaintif, what year was that?

2006. At that particular point of time, if there is an aduan by the defendan of the defects, did the plaintiff then, demonstrate the same software to them or not? Did you demonstrate? From 2006 onwards, I have been showing them the software and they have accepted the software. In fact, they sent their technical person. No, when they said, ok, fine you have showed them, they have looked they complained theres something wrong with the software, softwares not working, softwares not functioning, ok, when they complained, did you again demonstrate the software to them, look, look, you said its not functioning, there its functioning. Thats what I meant. I did, Your Honour. When, was that?

1 1TAN 2 3 4YA 5 6LCC 7 8 9 10MRM Puan, I suggested may I call the witnessess IT? See, whether its the same 11 12 13IT 14 15YA 16 17 18 19TAN 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
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Every time they brought up a complaint, I will attend to it. Thats why they continued to pay me every month. Alright, I just noted it down. Nanti, you cross from there. Ok, Mr. Tan, can you show it to the court the software itself, its functioning and to show the court sample of collection to show that its actually working.

thing? From the beginning, I can see that this is not the version he gave to us. Benda ni jugalah saya kata suruh settle hari tu tak boleh tak apa, kita lawan no problem, so tak ada timbul lagi this is not the thing, that is not the thing, tengoklah apa nak jadi. The software consists of F1, F2, F3, F4 till F11 where its (00:05::46 inaudible) entry. So, normally for the centre when a customer comes and see them, they will start a service entry when theyll press F1 and then, this thing will let them enter and its very simple, youll see that all the instructions are given on the screen and its all in this box the supervisor number everythings in the box. So, now lets key in 2,7,4 the supervisors number, enter and then theyll ask for member ID. If you are a member, then you can enter member ID, if not you just press enter and the next thing, you will notice that in that box, all the instructions are in the box, saloon, tv, lets say you say saloon No.1 enter and then you key in the car number Shift BAC 255 and then you press enter and then they ask for the car made the car made we say is No.1 and its Alfa Romeo and if you have a Bonus Link card you can swipe the Bonus Link card the number will come out, if you dont have the Bonus Link card you just press enter and then you key in the delivery time say enter 12,12 and then the customers contact number say 4,5,6,7 enter then, now what is the service the customer wants, So, if you dont know the service you can always press F1 for Help and then, you can choose which one assuming the customer No.1 the
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VIP service and then we can still say add and then you come here and then you enter you will notice that the entry here comes down here so its service put 1 its description is one time VIP service and the amount is 810 dollars. And if there is a second service then you can put in the second service if not you just press enter and it will print out the receipt for the customer. In this particular case, we will say, ok and the entry is finished. So, we have completed the thing, ok it has printed the receipt. In this case, we made it print into the computer because we dont have a printer attached. So, this is F1, service entry now after the service entry the customer will take his copy and go shopping and most of the time they are in the shopping complex and then when he comes back to collect the car now he has to make payment . So, go to F2 and now you can see that just now that the entry that he keyed in BAC 255 810 dollars so the supervisor number is 2, 7, 4 enter and the job sheet number is given here this is the job sheet number press enter and then theyll ask you how does the customer wants to pay. Is it by cash, Visa, Master, Ammex or Diners. In this particular case well say that we are using Visa, So, we put payment mode 2, enter and then, finish. Payment has been made. That means. And so now we look at the summary. In the summary we can see that here there are 2 transactions. This one was done earlier and then this one is the one we just did. Ok, 810 dollars completed. And both of them you will see that its both paid by credit card and its 1620 which is 810 plus 810. So, here we can see how much sales they have done how much is cash, how much is credit card. What is the total collection, what is amount collected and number of customers (00:10:03 inaudible). And you can see percentage, member and nonmember. In this particular case, both are not members so thats why non-members show 100%. And so now we can go to the next, we may want to add F1, F2, F3 now we can go and enter the commission for the workers. And in this particular case we have 2 transactions here and the supervisor number is 2, 7, 4 we press enter now row number lets say we are doing row number 48, so we key in 48 enter and the supervisors name you can say its 2,7,4 enter. If there is a second supervisor we enter it if not we just press enter. And then, workers name say its 1, worker 2 is 2, worker 3 is 3 and then the first supervisors commission you will see that we have 3 calculated the
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total commission with 30 dollars for this service. So, they have to allocate 30 dollars. If they dont allocate correctly, the computer will prevent them from going ahead. So, in this particular case we say the supervisors commission is 15 dollars enter the supervisors commission no.2 is 0 and then workers commission 1 is 5. Now in this particular case you can see that 15 plus 5 plus 5 is 25, so theres 5 dollars left. So, we have to key in 5 dollars, if we dont key in lets say we key in 7 dollars press enter it will tell you oh! We cant allocate 7, theres no 7 dollars, so we say, ok and then we key in the correct one which is 5 dollars and enter are you sure this is correct you say, yes enter and do you want to continue to do the next one? This is settled, we go to the next one we said yes, and row no 49 we enter supervisors name 2,7,4 enter supervisor 2 is 2 workers name is 6,7,8 and supervisors commission. In this particular case, the 2 of them use the same service. So, its also 30 dollars totally. So, now we have the supervisors commission the first one is 10 dollars, second one is 10 dollars and then we have 3,3 and 4 dollars. So, we say yes, thats it. We have already settled all the business that they have done. So, we say ok and then we escape and then now its time to they have done the business for the day there are 2 people who came for polishing and they have earned 1620 they now go and key in the expenses. So expenses also we will see that first simply means all of the entry is here. The first one you ask for is the maintenance. So, this is the sale 1620 (00:13:17 inaudible) cash, total 1620 and so now we key in expenses which is in here this is for expenses so maintenance lets say its a dollar bank charges all of the thing, commission you will see it has also pre-calculated 30 dollars from each transaction, so total its 60 dollars, so next one is postage. Postage lets say its a dollar then description is one amount one, two and then now, supervisors name and the number of workers lets say its 7. Is everything correct, we say yes. Ok, Its finished. Ok. Thats done So, now the next step is the F6 is printing the (00:14:21 inaudible) report and the F7 printing the (00:14:24 inaudible). Once, they print this two thats the end of the. That means they only do this at the end of the day. When no more, theyre going to close the shop already theyre going to continue then, we will have to print X and the debts report and then the transaction will be finished but in the meantime also they also have the time
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Where are you reading it from? I am looking at your witness statement. Those are not in your witness statement. Yes, the hardware and software were delivered and accepted by the defendant. In all cases, every time we deliver we provide them with delivery order and its signed acceptance for every piece of equipment and before we give it to him we tested. We move on to the witness statement. Mr. Tan refer to question No.10. Did you deliver the same hardware and software? The X report is a temporary report which they can see what are the sales they have done its a summary report. That report will tell them how many transactions has been done, how many customers they serve and how much money they have collected. X is a temporary report and if they do the Z report then that will close the transaction for the whole day. That means they cannot continue to do business after they have closed for the day. Thats to safeguard the company. Just a few additional questions about. Theres one question additional. Just now you mentioned theres X report and Z report. Can you tell the court what is X report and Z report? Yes, sit at the back balik. recorded F8. If we press F8 they can actually come and key in what time they came in and what time they leave from the centre and if there are people came in and you will be able to view the thing here who the employer is, who is the employee, the date, the time in and the time out. F11 is for them them to key in how much money they put in the bank. So, actually this is a simple program because why? Most of the people who are working in the car wash centre they are not really computer savvy so we make the program so simple so that its easy for them to learn and make use of it. So, this is how we have programmed the the thing.

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1 1TAN 2 3 4 5LCC 6 7 8TAN 9 10YA 11 12TAN 13 14 15 16 17 18 19 20 21 22LCC 23 24 25YA 26 27LCC 28 29 30TAN 31 32 33 34LCC 35 36TAN 37
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Sorry, ok sorry, Your Honour. Yes, the hardware and software were fully delivered and accepted by the defendant. All the delivery orders were signed and received in good condition. The documents are attached. Please refer to the Bundle A. Can you tell the court, show the court which document to prove that you have delivered the said goods? The documents are from page 9 onwards until. No, those are invoices Page what? Page what? Sorry, that one is the invoice. I am looking for the delivery order. Ok. The delivery order is from page 35, the delivery order. That was the 12 th of December, 2006 . That was the first delivery and then, this delivery, this is the delivery order. You will see that below that Mr. Chin Chia Chen has signed acceptance and if you carry on 36, 37, 38, 39, 40,41, 42, 43, 44, 45, 46,47,48, 49 and 50. All this delivery order will add up to 60 sets and you can see that please receive the above goods in good order and condition and he signed it. He has accepted all the equipment which we have delivered. Itu sahaja, Puan. Mohon ditanda sebagai Ekshibit. Puan, maknanya P4 will be page 34. The whole thing. Semua sekali. Semua sekali, ye? Terima kasih, Puan. Mr. Tan, move back to the witness statement. 11. Did the defendant accept the said goods delivered? Yes, the defendant accepted all the 60 sets. The plaintiff make sure that when the defendant tested the sets before accepting received of all 60 sets, that they were in good working order. Did they make the payment as stipulated in the said agreement. Initially, yes. Every month they will pay regularly but after making the 24th payment the defendant refused to continue paying and violated the
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agreement. In March, 2008 the defendant stopped payment and then, in April started to make all kinds of complaints to justify not paying. The plaintiff issued them a letter of demand in May 2008 attached in the documents. It was also suggested that in June 2008 during a mutually agreed meeting to give the payments to a lawyer for safekeeping and unless the plaintiff complied with the defendants complaints, the plaintiff will not be able to collect payments from the lawyer. However, even this, the defendant refused to agree and pay, make payments to the lawyer. Baik, Mr.Tan. Any reason given by the defendant for not continue paying? Yes, they give all kinds of reasons most of it which were minor and frivolous but we still attended to them and in my letter of demand was written that we have complied to their complaints but they still refused to pay. Mr. Tan, please refer to the Statement of Defence in Bundle B. B Bundle of Pleading. Are those defects alleged by the defendant and their basis for not paying? Yes. Can you explain the problems that they alleged? Ok. In paragraph 9.1, they say that the FTP3 is a fixed, is not a fixed, actually it is an upgrading because the defendant has required a moving of the program from the this is a technical term, the C drive to the D drive and other requests that were made due to its requirements, you can see some of them in my e-mail. This are all done in accordance to what they have requested us to do and we have followed their requests. And if they cannot send, this is in reply to what they are saying they cannot send their data to the server which we have seen their thousands of data and if they cannot send they can always delete the files from the server which belongs to their subsidiary Loh Hong Kar and ask the outlet to re-send the data and they will be able to resend. So, this is a minor thing, actuaaly. But in addition to that the data can always be copied from the machines at the outlet.
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Previously, they collected the sales slip and the data from every outlet, every 2 weeks using their old system. Now, with the new system they can collect the data daily. Where are you reading? I dont know. Are you following this or are you going to give oral? Sorry. Because as far as the court is concerned, I want to rely on this or I want to rely. You keep adding and minusing. I am sorry, Your Honour. I will follow exactly. Mr. Tan, if you want to add anything, you have to tell the court that which part you need to add. If not. Suddenly, Mr. Lim keluar kat sini. Sini tak cakap Mr. Lim. Suddenly, I dont know who else is going to come out from this. Sorry, Your Honour. I will follow the text. Start of with the Para 9.1. Para 9.1. The FTP3 is not a version fixed as alleged by the defendant but an upgrading due to the request and requirements of the defendant. Emails confirm this. I dont see Para 9.1. Your Pindaan is only point 6 para 6. I am looking at your Pleading. Para 9.1? Para 9 is defendan seterusnya melalui Peguamcara telah menuntut supaya Plaintif membaiki system. Betulkan kerosakan is paragraph 6. Maaf, Tuan Arif, its actually a typo error. The 9 is actually 6. Ya, proceed.

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The FTP3 is not a version fixed as alleged by the defendant but an upgrading due to the request and requirement of the defendant. E-mails confirm this. Internet service cut-off is normal but we have made the software such that we can always re-send as many times as you want. If they cannot re-send, they can just delete the files from the FTP server by HQ and then ask the outlet to re-send. The data can always be copied from the machine at the outlet. Previously they collected the sales slip and data only every 2 weeks before using the system. They also did not pay a single sen for this software. We recommended that they use broadband instead of a slow dial-up connection but the defendant were not willing to pay for the service. It should be problems 6.2. Which the title Front-end System. Please ask them to demonstrate and show proof. Let them show us that they are using the latest version we provided them that the problems occur. It is also not true that the transaction after 6 pm do not appear because we have corrected this. Commissions do not tally for voucher services because they have not keyed in the commissions amount for the vouchers so the commissions could not be allocated by the system. This is their own error for not putting in the commissions amount in the tables. The supervisor has other screens to tap his transactions under summary and expenses. They do not only have to print out the report to see but it seems ridiculous to mention this. How can a supervisor see the computation is inaccurate because there is no way for them to conclude this. This is also not right. They are not using a mouse so they cannot scroll if they settled the earlier transactions, they will still be able to see the later transactions. If they insist on keeping everything and then settled all together later this is not how to use the pause system because it is not meant to keep doing the work and not settling the earlier transactions. The part about no log-in rule for F7. This is not true and if there is no printer they cannot print at all to show how can they do this. The simple thing is to make sure they have a printer. The issues of (00:29:56 inaudible) issues program.

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1 1 2 3 4MASA 5 6 7 8Transcribed by : 9 10Proof read by: 11 12

Date: Date: : time of day the video ends AKHIR

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