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Maintenance Contract T & C

Maintenance Contract Terms & Conditions

ToolBox – a Gilman Group Company

Conditional upon payment in full of the maintenance fee specified (“Maintenance Fee”) by the customer (the “Customer ”) to ToolBox (the “Company”), the Company shall provide to the Customer the services set out herein upon and subject to the terms set out below:

  1. This Agreement shall, unless terminated earlier upon the terms hereof, be valid for this maintenance period specified overleaf (“Maintenance Period”).
  2. Maintenance service means any necessary repair works to keep the Product in possible good working condition and subject to the contract options whichever Customer preferred.
  3. This service provided under the terms of this agreement shall only be rendered to the owner whose Product is located in Hong Kong Special Administrative Region.
  4. This Agreement shall apply to the Product only (particulars of which are specified) (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 service the Product, and the Customer shall be liable for all costs and expenses, whatsoever arising from such services.
  5. If at any time during the continuance of this agreement the Product is not kept at the address specified, the Customer shall forthwith notify the Company in writing of the new address and this provision shall apply to any subsequent change of address.
  6. 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 directions issued for or otherwise relating to the Product.
  7. The Customer shall not, and shall not permit any other person (except any representative of the Company or its Sub-contractor authorized for such propose) to, make any alternation 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.
  8. 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 failing endeavor to restore the Product 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 of thereof:
    • caused (directly or indirectly) by any willful negligent or wrongful act or omission of, or
    • any mishandling or misuse of the Product by, the Customer or any other person or
    • any circumstances beyond the reasonable control of the Company or the Customer including any Acts of God.
  9. The Company may, in its sole and obsolete 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.
  10. The Customer shall not be obliged to render any service hereunder and shall be entitled to forthwith 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 circumstances whatsoever.
  11. 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;
    • in contract, tort or otherwise at law for any cost, expense, injury loss, damage or liability whatsoever arising (directly or indirectly) from or out of any defect in the Product (whether such defect be latent or apparent on examination) or any willful 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 any employee, representative or agent of any of them, or
    • for any statement, condition, warranty, guarantee of representation made by any other person whatsoever, or
    • 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
    • for supplying any replacement for the Product or any part thereof under any circumstances whatsoever.
  12. The Customer hereby acknowledges and agrees that the Company shall be entitled, in its sole and obsolete decision, to sub-contract to any person whatsoever or otherwise make or enter into any contract or arrangement with any person whatsover 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 is obligation to provide the same hereunder and shall waive and release and discharge the company from claims and demands whatsoever arising (directly and indirectly) from or out of such services or the provision of the same by such Sub-contractor.
  13. 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.
  14. The maintenance service covers all necessary functional spare parts. Cleaning service, repair of accessories of deion, and the reconditioning of any auxiliary parts, decorative parts, cabinet, top panel, side panel etc. are not covered. (Gas hob and commercial maintenance contract do not cover free spare parts, but Customers are entitled to 20% discount on parts.)
  15. Free replacement of spare parts under normal usage except:
    • Outer cabinet, front panel, knob, wire, battery, plastic parts
    • Diaphragm/gasket of washer, dryer and refrigerator
    • Any filters
    • Industrial and commercial usage of the Product
    • All accessories
  16. Customer shall provide sufficient working space to access the Product for maintenance; any blockage should be cleared by the Customer. Additional labor fee will be charged in case additional labor will be required to move the appliance to a serviceable area.
  17. The maintenance service does not cover any transportation cost in case the Product has to return to workshop for repair. The maintenance contract does not cover the transportation charge when the machine has to be returned for the workshop repair.
  18. The Agreement is neither transferable nor refundable. The Company shall not be under any obligation to renew this Agreement upon its expiration either upon the same terms and conditions or otherwise.
  19. The Company shall be entitled in its sole and absolute discretion to assign or transfer all or any of its right or obligations under this agreement to any person whatsoever. The 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.
  20. The Agreement is governed by and shall be constructed in accordance with the laws of Hong Kong and the parties hereto hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong in respect of any matter or dispute arising hereunder.
  21. References herein to the plural shall include the singular and vice versa, words importing a gender shall include every gender, reference herein to any person shall include references to individual, firm, body corporate or unincorporated.
  22. All Terms and Conditions stated are subject to change without notice, and the Chinese version published on the company website shall prevail. The company retains final deciding authority in case of dispute.