TERMS AND CONDITIONS OF REPAIR

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1. The term "Company” shall mean Gento Limited.
    

2. The term "Customer" shall mean the person whose name is set out overleaf.

3. The term "Vehicle" shall mean the vehicle the details of which are set out overel af and the term  "Repair" shall mean the repair of the Vehicle contemplated by  this  vehicle repair  order and that  referred to in Clause  11.

4. Verbal Repair estimates given by the Company in respect of costs and/or completion times and/or any other matters whatsoever in ·relation to the Repair shall operate as an indication only and shall not in any respect be taken as an offer  or otherwise  final or binding  on the part  of  the Company.

5. A holding fee of HKS300.00 per day or part thereof shall be charged by the Company in the event the Customer fails  to collect the Vehicle  within the period of two days after notification by the  Company  to the Customer  of the availability of the Vehicle for collection, and an entry of such  notification on the Company's job card shall be conclusive evidence  thereof.  The Company  hereby  reserves the right to place the Vehicle in open storage in which event the Company  shall not be responsible for any loss and/or damage to the Vehicle or any accessories thereto due to theft or any other causes whatsoever which risks shall be borne solely by  the Customer.

6. Without prejudice to the  Company's  right  to  sell  goods  accepted  for  Repair but which are unpaid for and unclaimed pursuant to the Disposal of Uncollected Goods Ordinance (Chapter 294, Laws of Hong Kong), in the event that the Customer shall fail to (a) make full payment in respect of the Repair. the holding fees referred to in Clause  5  and any  other  charges payable  to  the  Company and collect the Vehicle within a period of 21 days after notification by  the Company of the availability of the Vehicle for collection or (b) collect the Vehicle within 7 days after  a  written  estimate of Repair  charges  has been  notified  to him and has not been  accepted or  responded  to by him,  the  Customer  shall  be deemed to have irrevocably abandoned the Vehicle. in which event the Company shall have the right to dispose of such unclaimed Vehicle  either  by public auction or private contract upon  or  subject  to  any  terms and conditions as  the  Company  may  in   its  absolute  discretion  think   fit  and  the  proceeds of sale thereof shall be applied towards the cost of Repairs (as applicable,) the holding fees referred to in Clause 5  .  other charges payable to the Company and any reasonable costs or expenses associated with such sale.  Any outstanding balance remaining   thereafter shall belong to the Customer Any deficit thereof shall be payable by  the  Customer  to  the  Company  within  14 days of written demand as liquidated damages.

7. The Vehicle is delivered to the Company's possession at the Customer's sole risk. The Company shall not in any way be held responsible for any loss and/or damage whatsoever to the Vehicle or any articles attached to. left inside or installed (including but not limited to any non-factory-built products/parts) in the Vehicle arising from whatever causes whilst on the Company's premises or otherwise under the Company's control or in the Company's possession.

8. The signature by the Customer or his/her duly authorized agent on this Vehicle Repair form shall be deemed to give express permission to the Company  to  carry out any road tests or static inspections as the Company may,  in  its absolute  discretion,  consider  necessary  and  the  Customer   hereby   waives any claim for loss or  damage  whatsoever  and  howsoever  arising  from  any such road tests or static inspections save as caused by the negligence of the Company.

9. Complaints regarding Repairs shall only be entertained by the Company if duly brought to the Company's attention  within  7  days  of  the  Customer  taking delivery of the Vehicle and on the condition that such complaint is made by personal attendance of the Customer or his/her duly authorized agent at the Company's premises and the same being noted by an authorized representative of the Company upon  the Company's  complaint  card  or in writing  signed by  the Customer and sent by prepaid registered post  to reach  the Company  within the said period of 7 days. The Company  shall not  otherwise  be liable  to make any payment to the Customer in respect of or to indemnify the Customer against any loss injury or damage sustained by the Customer  or any  third  party  as a result of any alleged defective repairs not communicated to the Company within the period  of  7  days  as aforesaid.

10. The Company hereby receives the Vehicle and undertakes to carry out the necessary Repairs in consideration of the Customer having-agreed to pay-all associated fees, charges, costs and expenses and on the express representation and warranty of the Customer that the Customer, being  either  the  person delivering the Vehicle to the Company at the Company's premises or making available the key to the Vehicle for collection by the Company's  personnel  for  the purpose of carrying out the  Repairs,  is  the  registered  owner of  the  Vehicle or a duly authorized representative or agent of such registered owner.

11. In the event that the Company  is of the opinion  that  any repair work in addition to the repair work specified overleaf is necessary  for the purposes  of rendering the Vehicle in a reasonably road worthy condition, reasonable efforts shall be made by the Company to contact and to obtain the requisite consent from the Customer or his/her representative before the commencement of such work. However, in the event of the Company being unable to contact the Customer or his/her representative.  the Company reserves the right to carry out and the Customer agrees to pay for such additional repair work.

12. Although every reasonable effort shall be made by the Company to comply with estimates concerning the time of completion of Repairs, the Company shall not be responsible for any delay (and any loss or damage arising therefrom) howsoever caused. including but not limited to that caused, by fire, flood, storm, breakdown of equipment. absence of necessary personnel. interruption of any public utility service. non-availability of spare parts or events otherwise beyond the reasonable control of the Company.

13. The Customer hereby expressly agrees and declares that the Company shall under no circumstances whether in respect of the  Repairs  or  not  be  liable  to compensate the Customer or the registered owner for loss of use of the Vehicle.

14. The Company shall have a general lien over the Vehicle. The Company shall have the right to retain possession of the Vehicle until full settlement by the Customer of all debts, whether in connection with the Vehicle or the Repairs or not, owed by the Customer to the Company.

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15. Th e Customer bears the primary liability in respect of all Repair fees, holding charges, costs, and expenses irrespective of whether the Customer will or will not lodge an insurance claim with his/her insurer in relation to the same. The Company will not be involved in any negotiations between the Customer and his/her insurer.