- HKF (Hong Kong Fire Services Company Limited) shall not incur any compensation if provide service beyond installation – preferred date, which is only for reference only.
- If any of the services subscribed are terminated before the expiration of the Minimum Services Period (MSP), the customer shall pay the aggregate prevailing standard charges for the remaining term of the MSP. Rental charges will remain unchanged during the MSP. Customer acknowledges that HKF may revise the charges after the MSP with 30 days’ written notice. After the expiration of the MSP, the services will be on an annually basis unless otherwise agreed by the parties in writing. Either party may terminate the services with 30 days’ written notice after expiration of the MSP.
- Provision of services is subject to HKF obtaining access to building to install / provide the necessary fire extinguisher(s). HKF may terminate this Order Confirmation without any liability to the Customer if building access is denied.
- Upon service termination, customer needs to return the equipment(s) to HKF. Customer will be liable to pay HKF an equipment charge if the equipment(s) is not returned in good condition.
Performance Guarantee and Liability
| 5. | (a) | Products manufactured or supplied by HKF are not designed manufactured or adapted for use in adverse industrial atmosphere or extremes of weather or abnormal operating conditions of any kind. |
| (b) | HKF does not warrant or otherwise undertake that the products manufactured or supplied by it will be fit for any purpose involving such use and any terms or representations express or implied by statute common law custom of trade or otherwise are to that extent excluded. | |
| (c) | HKF undertakes to remedy any defects arising within one year of the date of dispatch from faulty material or at any time from faulty workmanship of any product manufactured by it provided that
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| (d) | Notwithstanding any other provision to HKF, HKF’s total liability for breach of the contract or any injury, loss, damage or expense arising out of or in connection with the contract or the HKF’s performance of its obligations hereunder or otherwise, whether that liability arises under contract, any indemnity, tort (including negligence), by statute or otherwise shall be limited 10% of contract sum in aggregate. | |
| (e) | HKF accepts liability in respect of death or personal injury resulting from negligence of HKF its servants or agents when acting in the course of their employment by HKF. | |
| (f) | HKF accepts liability in respect of direct physical damage to premises in which the products may be installed or their contents resulting from negligence of HKF its servants or agents while working at the premises and when acting in the course of their employment by HKF provided that HKF’s liability in respect of anyone claim shall be limited to marking good such damage up to 10% of the contract sum (inclusive of all costs and expenses). | |
| (g) | HKF will use its reasonable endeavors to carry out its obligations under this Specification and Estimate within a reasonable time. | |
| (h) | Notwithstanding any other provision to the contrary, HKF’s total liability for liquidated damages (if applicable) due to delay arising out of or in connection with the contract shall be limited to 10% of contract sum in aggregate. | |
| (i) | Waiver of consequential damages |
Notwithstanding any other provision to the contrary, so far as the law permits, HKF shall not be liable under the contract, under any indemnity, tort (including negligence), by statutes or otherwise for loss or damage (whether direct or indirect) of profits, revenues, use, production, contracts, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever.
Dates of Dispatch
Dates of dispatch or completion of work or parts of its stated by HKF are given in good faith but no guarantee or warranty as to such dates is given or implied and HKF will accept no liability for delay in dispatch or completion howsoever caused nor for any loss or damage arising or resulting therefrom.
Rental and Maintenance
The purchaser shall procure that the Ultimate User of the System will enter into an agreement with HKF for the rental of the equipment and maintenance of the system on HKF’s standard terms and conditions for rental and maintenance.