Conditional upon payment in full of the maintenance fee specified overleaf (“Maintenance Fee”) by the customer (particulars of whom are specified overleaf only, and does not include any other person whose particulars are not so specified herein) (the “Customer”) to Consumer Appliances Service Limited (the “Company”), the Company shall provide to the Customer the services set out herein upon and subject to the terms set out below:
- This Agreement shall, unless terminated earlier upon the terms hereof, be valid for the maintenance period specified overleaf (“Maintenance Period”).
- The service provided under the terms of this agreement shall only be rendered to the owner-whose equipment is located in Hong Kong Special Administrative Region.
- This Agreement shall apply to the product only (particulars of which are specified overleaf) (the “product”) provided that the Product shall, in the Company’s opinion, be in proper working order on or prior to the commencement of the Maintenance Period, otherwise the Company shall be entitled to forthwith terminate this Agreement by written notice to the Customer or request the Customer to, and the Customer shall be liable for all costs and expenses, whatsoever arising from such services.
- If at any time during the continuance of this agreement the Product shall not be kept at the address specified overleaf a notification of product maintenance address shall be sent to the Company in writing, this also apply to future change in address.
- The Customer shall use, and shall ensure that the Product shall be used, in a careful, skillful and proper manner and in accordance with any operating instructions and/or other direction issued for or otherwise relating to the Product.
- The Customer shall not, and shall not permit any other person (except any representative of the Company or its Sub-contractor authorized for such purpose) to, make any alteration to the Product or remove any component from or any part of the Product or use, repair, operate or otherwise deal with the Product other than in the normal use and operation of the Product in accordance with the terms hereof or attempt to do any of the above.
- In the event of any defect appearing in the Product under its proper and normal use and operation in accordance with the terms hereof, the Company shall, as soon as practicable upon request by the Customer, render such repair and/or maintenance services to the Product in such manner and to such extent as the Company may in its sole and absolute discretion determine. The Customer hereby agrees and confirms that the Company shall not be liable for procuring or otherwise ensuring that the Product shall after being serviced by the Company hereunder, be fully restored to its proper working order free from defects. In particular and without limitation to the generality of the foregoing, the Company shall not be obliged to render any service hereunder with respect to any defect of the product arising from or out of any damage to the product or any part thereof (i) caused (directly or indirectly) by any wilful negligent or wrongful act or omission of, or (ii) any mishandling or misuse of the Product by, the Customer or any other person (iii) any circumstances beyond the reasonable control of the Company or the Customer including any Acts of God.
- The Company may, in its sole and absolute discretion, send its authorized representative to service the Product at the place where the Product is located or request the Customer to, and upon such request the Customer shall, promptly deliver or arrange for the delivery of the Product to such place for servicing the Product as the Company may notify the Customer.
- The Company shall not be obliged to render any service hereunder and shall be entitled to forthwith terminate this Agreement by written notice to the Customer if the Customer shall be in breach of any provision of this Agreement. The Maintenance Fee shall not be refundable in any circumstance whatsoever.
- Save and except for any liability which cannot be excluded at law, the Company shall not be liable to the Customer or any person whatsoever: (i) in contract, tort or otherwise at law for any cost, expense, injury loss, damage or liability whatsoever arising (directly or indirectly) from or our of any defect in the Product (whether such defect be latent or apparent on examination) or any wilful negligent or wrongful act or omission on the part of the Company or its Sub-contractor or any employee, representative or agent of any of them, or (ii) for any statement, condition, warranty, guarantee of representation whatsoever made by any other person whatsoever, or (iii) for any loss, damage or liability whatsoever suffered by the Customer as a result of the Product or any part thereof being unusable or not being restored to proper working order after being serviced by the Company hereunder, or (iv) for supplying any after loss replacement for the Product or any part thereof under any circumstance whatsoever.
- The Customer hereby acknowledges and agrees that the Company shall be entitled, in its sole and absolute discretion, to sub-contract to any person whatsoever or otherwise make or enter into any contract or arrangement with any person whatsoever permitting or enabling such person to provide all or any services to be provided by the Company hereunder (such person shall be referred to as “Sub-contractor” herein) and the Customer hereby agrees that he shall accept any services provided by any Sub-contractor in satisfaction of the company’s obligation to provide the same hereunder and shall waive and release and discharge the Company from all claims and demands whatsoever arising (directly or indirectly) from or out of such services or the provision of the same by such Sub-contractor.
- In the event parts become unavailable because production of such parts is discontinued by the factory, the sole remedy allowed under this agreement is a refund of the outstanding maintenance fee on a pro-rata basis.
- The maintenance service covers all necessary functional spare parts. Cleaning service, scaffolding, repair of accessories of description, and the reconditioning or exchange of any auxiliary parts, decorative parts, cabinet, top panel, side panel, remote controller and etc. are not covered. (Functional spare parts are not covered for gas hob, split type air conditioners, specified models and commercial maintenance contracts. Yet customers will be entitled to purchase discounts on spare parts.)
- Before doing onsite repair, the Customer should remove all obstacles and provide appropriate work space. For additional service request on moving to a serviceable area, including lift machine up, insert machine in position, additional labor from / to location with staircase access only or providing scaffolding, an extra fee is required.
- The maintenance service does not cover the transportation cost between the pier and outlying island in case the product has to return to workshop to repair.
- This agreement is neither transferable nor refundable, without the written consent of the Company. The Company shall not be under any obligation to renew this agreement upon its expiration either upon the terms and conditions or otherwise.
- Any third parties, who is not a party to this contract and whose name(s) did not match the name of the Customer herein, shall not be entitled to enforce in any way any terms and conditions in the contract in accordance with the Contracts (Rights of Third Parties) Ordinance, Chapter 623.
- The Company shall be entitled in its sole and absolute discretion to assign or transfer all or any of its rights or obligations under this agreement to any person whatsoever. This Agreement shall be binding upon and ensure for the benefit of the Company, the customer and their respective successors and the assigns of the Company.
- The Agreement is governed by and shall be constructed in accordance with the laws of Hong Kong SAR and the parties hereto hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong SAR in respect of any matter or dispute arising hereunder.
- References herein to the plural shall include the singular and vice versa, words importing a gender shall include every gender, references herein to any person shall include references to individual, firm, body corporate or unincorporated.
- Any Chinese version of this Agreement supplied to the Customer shall be for reference purpose only. The English version of this Agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the Chinese version. Customer Appliances Service Ltd. reserves the rights of final decision of this contract.
