When the item(s) and/or its/their related accessories as listed on the statement ("Goods") are accepted by Jebsen Consumer Products Co. Ltd. ("JCP") for examination, repair (which includes replacement of any parts thereof) or the carrying out of any other work in connection with the Goods (collectively referred to as "Services"), JCP undertakes to provide the Services on the terms and conditions contained herein. Unless otherwise specified in writing, these terms and conditions shall be incorporated into the statement and form part thereof. The statement shall be a legal and valid contract between JCP and the Customer.
JCP shall charge the Customer an examination fee and a repair fee in accordance with Clause 7 and Clause 8, unless the Goods are covered by a valid warranty agreement ("Valid Warranty") acceptable to JCP. Such valid Warranty shall be evidenced by the production of the original relevant warranty card/contract and purchase invoice for inspection at the time when the Goods are tendered to JCP for Services, failing which JCP may, at its sole and absolute discretion, carry out the Services as if the Goods were not covered by any Valid Warranty.
Notwithstanding the production of a Valid Warranty, JCP reserves the right to return the Goods un-repaired if such Goods are, in the opinion of JCP, unserviceable on examination.
JCP accepts the Goods for Services in good faith and shall not be held liable for any scratches or defacing whatsoever irrespective of whether such scratches or defacing exist prior to the receipt of the Goods by JCP or result during the course of transportation and/or Services unless it is proved by the Customer to the satisfaction of JCP that the scratches or defacing are solely attributable to the gross negligence of JCP.
Customer is advised to back up any data or image files stored in the Goods and/or its memory storage products before tendering the same to JCP for Services, JCP shall not be held liable for any loss or corruption of data in the Goods and/or its memory storage products in the course of Services.
JCP shall not be held liable for any deterioration of condition, function or performance of the Goods after the provision of Services unless it is proved by the Customer to the satisfaction of JCP that the deterioration is solely attributable to the gross negligence of JCP
JCP shall be entitled to charge the Customer an examination fee (the amount of which to be determined by JCP at its sole and absolute discretion) at the time when the Goods are deposited for the provision of Services (unless the Valid Warranty applies, subject however to Clause 2 and Clause 3), irrespective of (1) whether the Goods are eventually found to be serviceable or (2) the Customer's subsequent Acceptance of Services (as defined below). Such examination fee is non-refundable but shall be deducted from the subsequent repair fee (which shall not include any price for purchase of accessories) to be charged to the Customer for such repairs in the event that the Customer agrees to have the Goods repaired.
JCP shall, after examination of the Goods, inform the Customer by telephone, fax or email as to (1) whether the Goods are serviceable and if so, (2) the fee to be charged for the repairing work thereon ("Estimated Fee"). JCP shall, subject to Clause 9, provide the Services in the event that the Customer confirms to JCP, whether verbally or in writing, that the Goods be repaired at the Estimated Fee ("Customer's Confirmation"). The Customer's Confirmation shall constitute unequivocal acceptance of the provision of Services by JCP at the Estimated Fee ("Acceptance of Services").
In the event that the Estimated Fee exceeds HK$500, the Customer shall pay a deposit to JCP (the amount of which shall be determined by JCP at its sole and absolute discretion) for the Estimated Fee ("Deposit Payment") in advance in such manner as prescribed in Clause 13 before any Services are provided.
JCP shall not be responsible for doing any cleaning or repairing of optical elements such as lenses, filters etc. in the course of provision of Services, unless the Customer agrees in writing that any such cleaning or repairing work shall be carried out by JCP entirely at the Customer’s own risk. JCP shall be entitled to charge additional fees in addition to the Estimated Fee for any cleaning or repairing work done in relation thereto. JCP shall in no circumstances be held responsible for any defects, deterioration or damage arising therefrom or incidental thereto, including but not limited to any defects in coating or glass surfaces of the Goods unless it is proved by the Customer to the satisfaction of JCP that such defects, deterioration or damage are solely attributable to the gross negligence of JCP.
All parts replaced during the provision of Services shall become the property of JCP.
In the event that the Customer requests JCP not to take any further steps for the provision of Services after giving the Customer's Confirmation, JCP shall be entitled to charge the Customer for any Services done prior to JCP's receipt of such request at such reasonable fee as may be determined by JCP at its sole and absolute discretion.
Deposit Payment shall be made within 7 days from the date of the Customer's Confirmation. The balance of the repair fee plus any additional fees charged to the Customer in connection therewith, if any, ("Balance Payment") shall be paid immediately upon the receipt of JCP's notice (whether orally or in writing) of redelivery of the Goods by the Customer. The Customer may settle the Deposit Payment and Balance Payment in cash or by credit cards (VISA / MASTER CARD / UNIONPAY).
The Customer shall collect the Goods within one week from the date of verbal notification of redelivery given by JCP. Unless otherwise notified by JCP, the Goods will be deemed to be forfeited by JCP and JCP shall have the right to dispose of the Goods in whatever manner as JCP considers appropriate without further notice, and to recover the outstanding repair fee or any fees and expenses incurred in disposing of or handling the Goods from the Customer, in the event that the Customer fails to collect the Goods within six months from the date of notification of redelivery. JCP shall in no circumstances be held liable by reason of its exercise of the rights contained herein.
Subject to Clause 16 and 17, JCP shall provide a guarantee period of three months ("Guarantee") from the date of return of the repaired Goods PROVIDED such repairs as prescribed in this statement are not covered by any Valid Warranty and the customer shall have paid the examination and repair fees for those repairs.
The scope of the Guarantee shall only be limited to defects which are identical to those (1) identified upon acceptance of the Goods for Services by JCP and (2) listed on this statement, and always be subject to the availability to JCP of the relevant spare parts required for repairing such defects. The Guarantee shall not apply if JCP is of the opinion (which shall be final and conclusive) that the Goods have been misused, tampered, modified, liquid damaged, damaged by leakage of batteries, or repaired or examined without the authorization of JCP or the manufacturer of the Goods.
The Guarantee does not cover: -
cleaning of optical parts including but not limited to lens, viewfinder, focusing screen or prism;
replacement of N/C battery, housing or external parts; or
routine cleaning, normal cosmetic and mechanical wear;
Damage or wear of the case, band, glass or battery for wrist watch.
JCP shall not be held liable for (1) any loss or damage or (2) failure or delay in performing any of its obligations contemplated hereunder due to events or circumstances caused by the act of God, civil commotion, riot, wars, any accidents, terrorist acts, or any other unforeseeable conditions which is beyond JCP's reasonable control or which cannot be avoided by JCP's exercise of reasonable diligence.
The Goods shall be redelivered to the Customer or his/her representative on presentation of the original of this statement and upon full settlement of all the outstanding fees to which JCP is entitled to charge against the Customer. The holder of the original of the statement shall be deemed as the lawful owner of the Goods. In the event that the original of this statement has been lost or the Customer or his/her representative fails to present the original of this statement at the time of collecting the Goods in person, JCP shall be entitled to refuse redelivery of the Goods.
The Customer hereby agrees that JCP may at its sole discretion exchange the Goods with another same model product is such Goods are, in the opinion of JCP, unserviceable upon examination. The original Goods so exchanged shall become the property of JCP or the manufacturer of the Goods. Neither JCP nor the manufacturer of the Goods shall be responsible for any claim whatsoever in relation to the original Goods so exchanged (including but not limited to the cosmetic and decoration or anything added to or improved on the Goods).
Any personal data collected by JCP including but not limited to the information contained in this statement and the copy of the identity card of the Customer and his/her representative shall only be used for the purpose(s) relating to the examination and repairing of the Goods.
The terms herein are written in both Chinese and English. In case of any inconsistency or discrepancy between the Chinese and English versions, the English version shall prevail.
Notwithstanding anything contained herein, the liability of JCP in respect of the provision of Services howsoever arising shall be limited to the amount of the Estimated Fee. In no event shall JCP be liable to the Customer or any third party for incidental or consequential damages or any loss of business or profit.
The provisions contained in this statement shall be enforceable independently of each of the others and the validity shall not be affected if any of the others is invalid. If any of the provisions is void but would be valid if some part of the provision is deleted, or if the amount or duration (if applicable) mentioned in the provisions was varied, the provisions in question shall apply with such modification or variation as may be necessary to make it valid.
This statement shall be governed by and construed in accordance with the laws of Hong Kong. The Customer and JCP hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong.
