| 1. |
Authorization |
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| 1.1 |
Any or all of the maintenance, repair or replacement work effected under this Order may be carried out by subsidiaries or associated of with the Company, and the Customer hereby authorizes the same. All reference to “the Company” shall mean and include such authorized subsidiaries and associates. |
| 1.2 |
The Customer’s signature on this Order, whether or not the Customer is the owner of the Vehicle shall be deemed to be due authorization to the Company to carry out all inspection, servicing or repair work on the Vehicle as stated herein, including road test. |
| 1.3 |
The Company’s licensed drivers are hereby authorized to drive the Vehicle for all purposes connected with or reasonably incidental to inspection, servicing, repair, testing, storage, collection, delivery, and execution of any work under this Order; and all such driving as well as driving pursuant to and in connection with the VAD(as the case may be), shall be at the sole risk of the Customer. |
| 1.4 |
1.4 Any chauffeur or other agent who purports to be acting on behalf of the Customer in respect of this Order will be deemed by the Company to be the Customer’s duly authorized agent unless written notice to the contrary has been received by the Company. |
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| 2. |
Estimates |
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| 2.1 |
The Customer may request the Company to provide an estimate of the cost of any further inspection, servicing or repair work required in respect of the Vehicle. In this event, the Company will inspect the Vehicle and provide an estimate of such further work. Acceptance of this estimate by the Customer shall constitute authority for the Company to carry out the further works described in the estimate, and by its acceptance the Customer agrees to bear all of the costs of the further works, and terms and conditions of this Order shall apply to all such further works. |
| 2.2 |
In the event that the Company, at the request of the Customer, provides an estimate of any further inspection, servicing or repair work required and the Customer does not thereafter authorize the Company to proceed with the work set out in the estimate, the Customer agrees to pay the Company a fee of 10% of the amount of the estimate. |
| 2.3 |
The Customer acknowledges that any anticipated completion date furnished by the Company with respect to the completion of any inspection, servicing or repair work is by way of an approximate indication only, and is not binding upon the Company, and the Company shall not be liable for any loss or damage resulting from any delays in completing any inspection, servicing or repair works, howsoever caused. |
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| 3. |
Payment of Charges |
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| 3.1 |
All invoices by the Company to the Customer are due and payable upon presentation and the Company reserves the right not to release the Vehicle to the Customer until all sums due and payable from the Customer to the Company have been paid. Any sum due to the Company for works done or services provided in respect of the Vehicle shall constitute a lien on the Vehicle, its parts, accessories and equipment and any article or property left therein or attached thereto. Without prejudice to the provisions of Clause 11, in the event of an account remaining unpaid for a period of three (3) months the Company shall be entitled to enforce the same by sale of the Vehicle and the provisions of Clause 10 shall apply to any such sale. |
| 3.2 |
The cost of consumables, such as fuel, oil and wear and tear items consumed during inspection, servicing or repair of the Vehicle, including any road test, collection or delivery of the Vehicle, shall be borne by the Customer. The Company shall not be responsible for any wear and tear caused to the Vehicle or any part thereof howsoever caused. |
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| 4. |
Deposit |
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The Company may at its discretion require full or part payment of an estimate prior to inspection, servicing or repair of the Vehicle. The Company reserves the right not to carry out any work on the Vehicle until such deposit has been paid. Any deposit paid by the Customer shall be deducted from the final sum due to the Company from the Customer hereunder. Deposit paid is not refundable unless otherwise agreed. |
| 5. |
Overdue Amounts |
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All overdue payments owing to the Company under this Order will carry interest at 1.5% per month after expiration of seven (7) days from the due date until the date of payment (whether before or after judgment). The Customer shall pay the Company’s legal costs and disbursements (on a solicitor and own client basis) and other costs incurred in collecting any sums due to it hereunder. |
| 6. |
Storage Charges |
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Storage will be charged in respect of the Vehicle at the Company’s standard rates from time to time in force after the expiration of three (3) days from the date when notice of completion of any inspection, servicing, or repair work was given to the Customer or his agent whether orally, by telephone or in writing. |
| 7. |
Limitation of Liability or The Company |
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| 7.1 |
Whilst the Company will make every effort to ensure that all work performed on the Vehicle is carried out to the highest possible standard, the Company shall in no circumstances be liable to the Customer or to any other person in respect of any claim howsoever arising from any act or omission by the Company or its employees or otherwise (save in respect of death or personal injury resulting from the negligence or default of the Company). |
| 7.2 |
The Company will not be responsible for any loss or damage arising as a result of transportation shortages, strikes, inadequate supply of materials or energy; compliance with any law, rule, order, regulation, requirement or instructions of any governmental authority; change of directions and recommendations of the manufacturer notified to the Company from time to time; natural disasters, including fire, flood, landslip or windstorm; acts of unrest, acts of terrorism, or acts of any sovereign power including war; or by any other incidents or circumstances beyond the control of the Company whether of a similar nature to the foregoing or not. |
| 7.3 |
Without limiting the generality of the foregoing, the Company will not be liable for any loss or damage caused by any want of repair or maintenance which has not been notified to the Company by the Customer. |
| 7.4 |
The Company will not be responsible for loss of or damage to the Vehicle or any article or property (whether belonging to the Customer or otherwise) left in or attached to the Vehicle, howsoever caused. |
| 7.5 |
The Company’s liability is strictly limited to the maintenance, repair or replacement (as the Company deems appropriate) of vehicle components outlined in Clause 1 and in accordance with this Order, subject to the directions and recommendations of the manufacturer notified to the Company from time to time. Nothing in this Order shall be construed to cover any indirect, incidental or consequential loss or damage, and/or loss of profits, business or anticipated savings as a result of want of repair, accident or use of the Vehicle or otherwise. |
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| 8. |
Spare Parts |
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| 8.1 |
All spare parts required to carry out the items of work under this Order are subject to availability. |
| 8.2 |
The Company shall not be responsible for any delay or loss by reasons of inadequate supply or interruption in the supply of spare parts or equipment. |
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| 9. |
Used Parts |
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All used parts removed from the Vehicle will be disposed of unless the Company is otherwise notified in writing before commencement of any work. |
| 10. |
Sale of The Vehicle |
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| 10.1 |
On default of payment of any sums payable hereunder in respect of the Vehicle (being three (3) months after the date of the Company’s invoice in the case of costs incurred under Clause 2 that are not covered by this Order), the Company may give to the Customer seven (7) days’ advance notice of its intention to sell or dispose of the Vehicle. If the sums due remain unpaid to the Company after expiration of such seven (7) days period, the property in the Vehicle and its accessories and contents will automatically (without the need for any further notice or any other action on the part of the Company) pass to the Company and the Company shall be entitled to sell or dispose of the Vehicle and its accessories and contents by whatever means it deems fit, whether by way of public or private tender, auction or otherwise, to recover from the proceeds of the sale all payments owing from the Customer or the owner and/or other users of the Vehicle to the Company together with any costs and expenses (including legal fees) incurred in relation to such sale or disposal. Storage charges for any period up to the date of sale or disposal of the Vehicle shall continue to accrue and be due and payable as herein provided. The Customer hereby irrevocably authorizes the Company as agent of the Customer to sign all such documents and take all such actions as may, in the view of the Company, be necessary or desirable to register the Company or any third party to whom the Company may sell the Vehicle and its accessories and contents as the owner of the Vehicle and its accessories and contents, and to perfect the title of the Company or any third party thereto. The Customer hereby irrevocably agrees forthwith upon demand to ratify everything done by the Company pursuant to the authority hereby conferred and to indemnify the Company against all costs, expenses or loss which may be incurred by the Company as a result of any documents signed or action taken by the Company pursuant to or purportedly pursuant to the authority hereby conferred. The Customer hereby warrants to the Company that the Customer is the sole registered and beneficial owner of the Vehicle and its accessories and contents. |
| 10.2 |
The balance of the proceeds of the sale in excess of the amount due to the Company hereunder (if any) obtained under Clause 10.1 shall be returned to the Customer within thirty (30) days after the date on which the Vehicle is sold, provided that if the Company had prior notice of a third party’s better right over ownership of the Vehicle, its accessories and contents, the Company shall be entitled to withhold payment of the balance of the excess proceeds until and unless the Customer has proved to the satisfaction of the Company that (i) title to the Vehicle , its accessories and contents have reverted to the Customer, or (ii) the payment to the Customer was authorized by the third party concerned; or (iii) the payment to the third party concerned was authorized by the Customer; and in which case the Customer hereby unconditionally and irrevocably agree to indemnify the Company against all losses and damages which it may have suffered as a result of making the payment as aforementioned. |
| 10.3 |
In exercising the right of sale under this Order, the Company shall not be deemed to be acting as trustee, and shall not be under any duty to obtain the best or a reasonable price for the Vehicle and its accessories or contents as the case may be. |
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| 11. |
Disposal Of Uncollected Goods Ordinance |
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Without prejudice to the Company’s rights under Clause 10, the Company has the right to sell the Vehicle after the lapse of twelve (12) months from the date on which notification of collection has been given to the Customer by registered post or otherwise subject to the provisions of the Disposal of Uncollected Goods Ordinance (Chapter 294 of the Laws of Hong Kong) or any statutory modification or re-enactment thereof the time being in force which confers on the Company such right of sale. |
| 12. |
Personal Data Protection And Privacy Policy |
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| 12.1 |
The Zung Fu Company Ltd (“Zung Fu”) privacy policy (http://www.zungfu.com/footer_privacy.shtml) is incorporated into this Contract. |
| 12.2 |
The Customer understands that the provision of the data requested by the Company from time to time pursuant to this Order is voluntary but that the Company will not be able to enter into this Order with the Customer, perform or provide related services under this Order to the Customer if the above data are not given. |
| 12.3 |
The personal data (as defined under the Personal Data (Privacy) Ordinance as amended from time to time) (“Data”) provided by you will be used by us for the purpose for which it was requested, and for directly related purposes as follows:
| (a) |
Application, administration, continuation and termination of the use of our products or services; |
| (b) |
Processing billing and payment, maintaining a credit history, determining amounts outstanding and if necessary, collection of outstanding payments; |
| (c) |
Considering or fulfilling requests or application of any nature submitted by you, whether online, over the phone or through other channels; |
| (d) |
Handling and following up service calls, enquires and complaints; |
| (e) |
Verification of your identity; |
| (f) |
Administering contests and sweepstakes conducted by us, including disclosing the winner of any such contests; |
| (g) |
Enforcement of any contract entered into between you and Zung Fu; |
| (h) |
Updating and enhancing our records; |
| (i) |
Meeting the requirements to make disclosure to any governmental, legal or regulatory authority in Hong Kong under the requirements of any law binding on us; and |
| (j) |
Enabling us to better understand the demographics of our customers and provide products/services better tailored to your needs. |
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| 12.4 |
We do not sell or trade your Data with third parties and we strive to protect your privacy. Your Data may however be transferred within or outside Hong Kong as follows (if applicable):
| (a) |
other companies (including branch offices, subsidiaries, holding companies, associated companies or affiliates) within our group of companies; |
| (b) |
governmental, legal or regulatory authority in Hong Kong; |
| (c) |
our legal and financial advisers; |
| (d) |
third party service providers engaged by us to assist with debt collection and customer services; |
| (e) |
insurance company for the application of car insurance; |
| (f) |
credit information, reference bureau or financial service company for the application of financial services; and |
| (g) |
our assigns of successor in title. |
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| 12.5 |
Data provided by you is retained if the purpose for which the Data was collected still exists, it is so required by law, statute or regulation, or it is in the public interest. Data will be destroyed once its requirement is ended. |
| 12.6 |
You may at any time contact our Customer Relations at cs@zungfu.com or 2504 6140 to request access to or update/correct your Data held by us.
You may also ask us to delete you or your Data from any active mailing or distribution list. |
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| 13. |
Contracts (Rights of Third Parties) Ordinance |
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A person who is not party to this agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance (CAP. 623). |
| 14. |
Miscellaneous |
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| 14.1 |
The terms of this Order¬ constitute the entire agreement of the parties with regard to the subject matter hereof and supersede all previous negotiations, understandings and agreements. |
| 14.2 |
No variation to this Order shall be effective unless signed by both parties. |
| 14.3 |
The invalidity or unenforceability for any reason of any part of this Order shall not prejudice or affect the validity or enforceability of the remainder. |
| 14.4 |
Any notice hereunder required to be given or given in writing shall be properly served if served personally on the Customer or sent by pre-paid post to the last known residential or business address of the Customer and, if there be none, to the address of the person registered with the appropriate government authorities as the owner of the Vehicle. A notice shall be deemed to have been served on the day of personal service or four (4) days following the posting thereof. |
| 14.5 |
The Customer may not withhold payment of any invoice or other sums due to the Company by reason of any right of set-off or counterclaim which the Customer may have or allege to have or for any reason whatever. |
| 14.6 |
A Chinese translation of this Order is available upon request. The Chinese translation is for information purposes only. In the event of any dispute arising hereunder the English version shall prevail. |
| 14.7 |
This Order shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. All disputes arising out of this Order shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China. |
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