VISION I (INTERNATIONAL) LTD.
EXTENDED LIMITED PRODUCTS WARRANTY
LIMITATIONS OF LIABILITY
The limit of our liability for each claim under this Contract is the lowest cost of the following four categories: (1) authorized repair; (2) product replacement having the comparable function; (3) compensation of authorized repair or replacement fees; (4) the purchase price you paid for the Product. The limit of our maximum liability under this Contract (“Limit of Maximum Liability”) is subject to your selection, and as specified on Certificate issued by us.
In the event that we opt to repair or replace your Product, if the total fees for all authorized inspections, repairs and / or replacement product we provide you exceed the Limit of Maximum Liability, our liability under this Service Contract will cease and the Contract will automatically terminate.
Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use, loss of business, loss of data, down-time and charges for time and effort during the period that your Product is at an authorised repair centre, and/or while awaiting repair or replacement.
GENERAL EXCLUSIONS
We will not be liable under the Service Contract if you do not submit the Product to an authorised repair centre for repair and/or do not provide sufficient Service claims supporting to VISION I (INTERNATIONAL) LIMITED before the expiry of the Service Contract.
Any repair and/or servicing of a Product by an unauthorized service centre will render this Service Contract to be null and void in relation to such Product.
EXCLUSIONS
We shall not be liable to provide you the Services in relation to any of the following:
1. Negligence of any kind, omission or default.
2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.
3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.
4. Any acts of fraud, or other dishonest or criminal acts.
5. Property and/or product liability insurance.
6. Products that are still covered by the manufacturer’s / dealer’s original written warranty, or the Service Contract holder’s dealer warranty, repairer’s warranty, or any other warranties in effect.
7. Failures that occur prior to the purchase of the Contract.
8. Any defects that are subject to recall by the manufacturer / dealer.
9. Non-operating and cosmetic items, paint, colour, or product finish, accessories used in or with the eligible product, socket fuse, remote control, cables, cords, and add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.
10. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals. Repairs to hardware that has been added after the Products original purchase.
11. Routine maintenance, cleaning, adjustments or software updates.
12. Abuse, misuse, burglary, theft, fire; Acts of Nature; sand, excessive heat, battery leakage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications; altered serial/IMEI numbers; repairs performed by non-authorised repairer; any items not affecting the function of the Product; image burn.
13. Costs of shipping or delivery charges, express service charges, transportation damage, removal or reinstallation, Products on loan during repair process, unless specifically included in the Service Contract.
14. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract.
15. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems caused by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.
16. Damage due to organic infestation (from internal and/or external sources).
17. Deterioration or spoilage of any food stored due to defect of refrigerator.
18. Water leakage due to blockage of drainpipe under normal use.
19. Commercial use (multi-user organisations), public rental, use for profit or communal use.
20. Any diagnosis where no defect has been found or noted.
21. Consumables including but not limited to batterie bulbs, LED light, Grease or Charcoal Filters.
22. External faults such as door fault, glass crack, damaged joystick, aging rubber ring, rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.
23. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, bacteria, gradual deterioration including but not limited to moisture and oxidation, or damage to the Product caused by non-authorized repair personnel. Fungi shall mean any type or form of fungus, including but not limited to, all forms of mold or mildew, and any mycotoxins, spores, scents, vapors, gas, or substance, including any byproducts, produced or released by "Fungi".
24. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract.
25. Defects that occur outside Hong Kong S.A.R.
26. Infectious / Communicable Disease Exclusion
Notwithstanding any provision of this Agreement including any exclusion, extension or other provision included herein which would otherwise override a general exclusion, all losses, damage, resultant Time Element Losses, and costs in connection with or arising directly or indirectly from infectious and/or communicable disease is excluded.
Time Element Loss means business interruption, contingent business interruption or any other consequential losses.
27. Cyber Exclusion
a. Notwithstanding any provision to the contrary within this contract, this contract excludes any Cyber Loss.
b. Cyber Loss means any loss, damage, liability, expense, fines or penalties or any other amount directly or indirectly caused by:
i. the use or operation of any Computer System or Computer Network;
ii. the reduction in or loss of ability to use or operate any Computer System, Computer Network or Data;
iii. access to, processing, transmission, storage or use of any Data;
iv. inability to access, process, transmit, store or use any Data;
v. any threat of or any hoax relating to (i) to (iv) above;
vi. any error or omission or accident in respect of any Computer System, Computer Network or Data.
c. Computer System means any computer, hardware, software, application, process, code, programme, information technology, communications system or electronic device owned, or operated by you or any other party. This includes any similar system and any associated input, output or data storage device or system, networking equipment or back up facility.
d. Computer Network means a group of Computer Systems and other electronic devices or network facilities connected via a form of communications technology, including the internet, intranet and virtual private networks (VPN), allowing the networked computing devices to exchange Data.
e. Data means information used, accessed, processed, transmitted or stored by a Computer System.
28. Contract (Rights of Third Parties) Ordinance Exclusion
Person or entity that is not a party to this Service Contract shall have no right to enforce any terms in this Contract pursuant to the Contracts (Rights of Third Parties) Ordinance.
29. Sanction Limitation and Exclusion Clause
VISION I (INTERNATIONAL) LTD. shall not be deemed to provide cover and shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that VISION I (INTERNATIONAL) LTD. to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, law or regulations of the European Union, United Kingdom or United States of America.
CONTRACT TRANSFERRATION, CANCELLATION & TERMINATION
This Service Contract is not transferrable, cancellable and will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when total aggregate inspection and repair costs have exceeded the Limit of Maximum Liability or (iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so), whichever is earlier.
GENERAL
This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.
For contract verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.
PRIVACY
Your purchase of the VISION I (INTERNATIONAL) LTD. Extended Warranty product is regarded as you agreeing and authorizing us to collect and use your personal information (including but not limited to name , personal ID, address, phone number and etc., or information of Appliance). We may use the contact information you registered to provide service information, including but not limited to service status, update, or satisfaction survey and etc., so as to enable us to provide high quality service to you. In line with relevant laws and regulations, we guarantee your personal information can be used only for the Service Contract or related. We will never disclose to any third party without your agreement (excluding Authorized Representatives, and Service Centres).
GOVERNING LAW
The Service Contract shall be governed by, and construed in accordance with, the laws of Hong Kong.
DEFINITION
- Acts of Nature refers to natural disaster including but not limited to earthquake, flooding, landslide, volcanic eruption, typhoon, sand storm; fire, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.
- Product means a product purchased for domestic and personal use in Hong Kong and covered by the Services under this Service Contract.
- Product Purchase Price means the purchase price you paid for the Product, without any shipping or installation cost, of the Product covered under this Service Contract
- Refurbished means a used product that is in very good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the Product.
- Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.
- We, us and our refer to VISION I (INTERNATIONAL) LIMITED,the provider of the Services under this Service Contract.
- Youand your refer to consumer who purchases Product and entitles Services under this Service Contract.
In case of any disputes, VISION I (INTERNATIONAL) LIMITED reserves the right for final decision. In case of any inconsistencies between the English and Chinese version of the Contract, the English version shall prevail.
