These terms and conditions govern the air-conditioner maintenance and repair services (“Services”) provided to the customer (“Customer”) by Carrier Hong Kong Limited ( “Company”, “Carrier”):-
- To the maximum extent permitted by applicable law and notwithstanding anything else herein or otherwise, in any event, Carrier’s total liabilities, including but not limited to contractual and tortious liabilities, shall not exceed 20% of the total amount paid by the Customer for the Services. Carrier shall in no event be liable for any indirect, incidental, collateral, special, punitive or consequential damages or losses such as, but not limited to, loss of revenues, loss of anticipated savings or lost profits, recalls, harm to business or business reputation, whether or not foreseeable, and whether arising in contract (including warranty), tort (including active, passive or imputed negligence), strict liability or otherwise.
- Unless otherwise agreed, the Services shall be provided only during the Carrier’s normal working hours (i.e., 09:00 - 17:30, Monday to Saturday, excluding Public Holidays).
- Customer shall at all times provide a safe working environment to Carrier’s technicians. Carrier is entitled to withhold the Services unless and until a safe working environment is in place.
- In case of Services to be provided under Maintenance Plan subscribed to by the Customer, the following additional terms and conditions shall apply:-
- (1) The fees paid by the Customer for the Maintenance Plan (“Maintenance Plan Fees”) shall be exclusive of the following: -
- Cleaning of components using chemical solution;
- Flushing of drainpipe using compressed gas;
- Cleaning of air filter;
- Electrical installation;
- Erection of scaffolding;
- Replacement or repairing of components including, but not limited to, casing, base and condenser coil;
- Interior decoration/renovation works;
- Discontinued parts;
- Charges for product transportation (where workshop service is required);
- Defects existing prior to the commencement of the Service Scheme, for which Carrier has conducted inspection and provided quotation.
- For the avoidance of doubt, in the event that replacement of parts/components is necessary, the costs of such parts/components shall be separately charged.
- (2) Under no circumstances shall the Subscription Fees paid by the Customer to Carrier be refunded.
- (3) If the unit has been negligently or improperly repaired, cleaned or modified by non-Carrier technicians during the term of the Maintenance Plan, then the Maintenance Plan shall be deemed invalid and in such event no refund shall be issued to the Customer whatsoever.
- (1) The fees paid by the Customer for the Maintenance Plan (“Maintenance Plan Fees”) shall be exclusive of the following: -
- Carrier reserves the right to reclaim replaced old/damaged parts for research and development purposes.
- Carrier will not be liable to the Customer if it fails to perform or delays the performance of an obligation as a result of an event beyond its reasonable control, including without limitation fires, floods, strikes, labour disputes, government regulations, acts of God, acts of terrorism, riots, outbreak of hostilities (whether war is declared or not), accidents or other hindrances during transportation, pandemic, epidemic, supplier delays and/or any other causes beyond the reasonable control of Carrier.
- The Customer may not assign or transfer his/her rights or obligations hereunder without the prior written consent of Carrier.
- Unless otherwise agreed in writing, no modification of these Terms and Conditions shall be binding on Carrier.
- These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Hong Kong.