Premier Protection Plan

Parties
 1.  Zung Fu Company Limited, its subsidiaries and associates (collectively “Zung Fu”)
 2.  The Customer, his permitted successors in title and permitted assignees (collectively the “Customer”)
  (Each a “Party”; collectively the “Parties”)


Terms and Conditions

1. Scope
 1.1  This Premier Protection Plan (the “Plan”) is a fixed price protection plan offered by Zung Fu subject to the directions and recommendations of Mercedes-Benz (the “Manufacturer”) notified to Zung Fu from time to time. The Plan is for your Mercedes-Benz vehicle in Hong Kong specified herein (the “Vehicle”) within the period and for the fee set out in Schedule 1 hereto (the "Fee"), and is subject to the Terms and Conditions ( the “Terms and Conditions”) herein.
 1.2  The Plan provides protection to the Vehicle sold by Zung Fu for the parts and labour cost of repair pertaining to the failure of all mechanical and electrical parts. This is on the basis that the failure of a component is sudden and unforeseen, arising from any permanent mechanical or electrical defect, (for a reason other than wear and tear, normal deterioration or negligence) that may cause a sudden stoppage of its function, necessitating immediate repair or replacement of the component before normal operation can be assumed.
 1.3  All repairs and related work arising under the Plan must be carried out at one of Zung Fu’s service centres, in accordance with the Manufacturer’s recommendations as notified to Zung Fu from time to time.
 1.4  All claims under the Plan shall be subject to examination by Zung Fu. In the event of an unsuccessful claim, the cost of examination would be borne by the Customer.
2. Conditions of Purchasing Premier Protection Plan
 2.1  The Vehicle must have been serviced by a reputable service centre once every twelve (12) months or every 12,000 kilometres, whichever comes first. A service interval in excess of twelve (12) months will invalidate this Plan. Zung Fu recommends that such servicing should be carried out at one of Zung Fu’s service centres, which are the only authorised Mercedes-Benz service centres in Hong Kong.
 2.2  The Vehicle is at all times properly used, maintained and operated in accordance with the Manufacturer’s operating instructions, capacity limitations and the procedures set out in the owner’s manual unless otherwise mentioned in the Plan.
 2.3  The Plan shall apply not only to the original purchaser, but to any subsequent legal owner of the Vehicle for the entire term of the Premier Protection Period.
 2.4  The Vehicle cannot be used for commercial purposes.
 2.5  The Vehicle cannot accrue more than 75,000km mileage within twenty-four (24) months since its First Registration Date.
 2.6  During the Premier Protection Period, the Vehicle cannot be used for more than 30,000km per year.
3. Items Not Covered by the Plan
 3.1  Preventative Procedures and Recall Costs
The cost of establishing preventative maintenance procedures or the cost of recall by the Manufacturer of the Vehicle or any part thereof nor the cost of alterations, additions, improvements or overhauls.
 3.2  Consequential Loss
Neither Party will be liable for loss of use of the Vehicle or any other consequential loss, penalties for delay or detention, or in connection with guarantees of performance or efficiency, or any legal liability of whatsoever nature.
 3.3  Application of Tools and Extraneous Damage
Any breakdown:
  1. caused by the application of any tool or process during the course of maintenance, inspection, modification or overhaul;
  2. due to fire, lightning, explosion, extinguishing of a fire or subsequent demolition, aircraft or other aerial devices or articles dropped from above, theft or attempted theft, collapse of buildings, flood inundation, escape of water from water-containing apparatus, subsidence, landslide, hurricane, cyclone, or similar natural catastrophes.
 3.4  Wear and Tear
The cost of remedying loss or damage arising out of the normal wearing out or wearing away or any part of the Vehicle, or its degradation or the reduction in its operational performance due to working stresses, abrasion, erosion or corrosion that are not attributable to defects in materials.
 3.5  Previous Repairs
Any loss arising from any incomplete, ineffective or inappropriate repair.
 3.6  Repeat Failures
Any failure occurring due to poor workmanship conducted by non-authorised Mercedes-Benz service centres.
 3.7  Transportation
In the event of a claim, the costs of transporting the Vehicle to a repairing garage is not covered, such as any towing fees.
 3.8  Manufacturer’s Specification
Any loss or damage resulting from the alteration or modification from the Manufacturer’s specification, or, by installation into the Vehicle parts of other origin.
 3.9  Intentional Acts
Any breakdown caused by:
  1. intentional act or wilful neglect by the driver or owner of the Vehicle;
  2. the Vehicle owner ignoring warning lights and gauges at any time. No liability can be accepted for drive on damage, neglect or abuse of any kind.
 3.10  Maintenance and Services
Any breakdown to the Vehicle that has not been reasonably serviced by a reputable service center within twelve (12) months according to the Manufacturer’s guideline is excluded from the scope of the Plan. Regular maintenance of the Vehicle (Service A - minor maintenance service and/or Service B - major maintenance service) in one of the Manufacturer’s authorised Mercedes-Benz service centres is recommended. Zung Fu reserves the right of requesting any means of service records for claims application.
 3.11  Territory
In respect of any vehicle which has been outside of the Territories of China, Macau and Hong Kong Special Administrative Region for more than sixty (60) days in any calendar year starting from the date of purchase.
 3.12  Commercial Use (Excluded Vehicles)
In respect of any vehicle that is used for commercial purposes and police vehicles, except vehicles sold to companies for employees’ use.
 3.13  Excluded Items
Bodywork, paintwork, exterior trim, glass, mirrors, interior trim, light fittings and bulbs, batteries, wheels and tyres, engine oil, transmission oil, rear axle differential fluid, brake fluid, engine coolant, filters; normal wear and tear/service items including, but not limited to: engine mounting, transmission mounting, plugs, leads, glow plugs, brakes and clutch frictional material, wiper blades, wiring looms; unless change is required according to the Manufacturer’s recommendations.
  I confirm I have read, understood and hereby accept the Terms and Conditions under Clause 3.
4. Spare Parts
 4.1  All spare parts required to carry out the items of work under the Plan are subject to availability.
 4.2  Zung Fu shall not be responsible for any delay or loss by reasons of inadequate supply or interruption in the supply of spare parts or equipment.
5. Cancellation
 5.1  The Plan is non-refundable.
6. Limit of Liability
 6.1  Whilst Zung Fu will make every effort to ensure that all work performed on the Vehicle is carried out to the highest possible standard, Zung Fu shall in no circumstances be liable to the Customer or to any other person in respect of any claim howsoever arising from any act or omission by Zung Fu or its employees or otherwise, (save in respect of death or personal injury resulting from the negligence or default of Zung Fu).
 6.2  Zung Fu will not be responsible for any loss or damage arising as a result of transportation shortages, strikes, inadequate supply of materials or energy; compliance with any law, rule, order, regulation, requirement or instructions of any governmental authority; change of directions and recommendations of the Manufacturer notified to Zung Fu from time to time; natural disasters including fire, flood, landslip or windstorm; acts of unrest, acts of terrorism, or acts of any sovereign power including war; or by any other incidents or circumstances beyond the control of Zung Fu whether of a similar nature to the foregoing or not.
 6.3  Zung Fu will not be liable for any loss or damage caused by any want of repair or maintenance that has not been notified to Zung Fu by the Customer.
 6.4  Zung Fu will not be responsible for loss of or damage to the Vehicle or any article or property (whether belonging to the Customer or otherwise) left in or attached to the Vehicle, howsoever caused.
 6.5  The liability of Zung Fu under the Plan to perform repairs and work on the Vehicle shall not exceed the original purchase price of the Vehicle at its purchase date, be it for a single claim, or the aggregate value of all claims, arising out of one or a number of occurrences, that may be attributable to one or a number of causes.
7. Authorisation
 7.1  Any or all of the maintenance, repair or replacement work effected under the Plan may be carried out by subsidiaries or associates of Zung Fu, and the Customer hereby authorises the same.
 7.2  The Customer’s signature on the Plan, whether or not the Customer is the owner of the Vehicle, shall be deemed to give authorisation to Zung Fu to carry out all inspection, servicing or repair work on the Vehicle as stated herein, including road tests.
 7.3  Zung Fu’s licensed drivers are hereby authorised to drive the Vehicle for all purposes connected with or reasonably incidental to inspection, servicing, repair, testing, storage, collection, delivery, and execution of any work under the Plan; and all such driving shall be at the sole risk of the Customer.
 7.4  Any chauffeur or other agent who purports to be acting on behalf of the Customer in respect of the Plan will be deemed by Zung Fu to be the Customer’s duly authorised agent unless written notice to the contrary has been received by Zung Fu.
8. Assignment
 8.1  Zung Fu may assign its rights and obligations under the Plan at any time without the Customer’s consent. At the sole discretion of Zung Fu, the Customer may only assign his rights herein if:
  1. the Customer transfers ownership of the Vehicle, such assignment to be in the form set out in Schedule 2 hereto; and
  2. the Customer agrees to procure the written agreement of the new owner, expressing compliance with the Terms and Conditions of the Plan.
 8.2  Any such assignment by the Customer is subject to a satisfactory inspection of the Vehicle that must be carried out in one of Zung Fu’s service centres before the transfer of the Plan.
9. Storage Charges
 9.1  Storage charges of the Vehicle would be made according to Zung Fu’s standard rates, from time to time in force after the expiration of three (3) days from the date of notice of completion of any inspection, servicing, or repair work that was given to the Customer or the Customer’s agent whether orally, by telephone or in writing.
10. Sale of The Vehicle
 10.1  On default of payment of any sums payable hereunder in respect of the Vehicle (being four (4) months after the date of Zung Fu’s invoice in the case of costs incurred under Clause 3 that are not covered by the Plan), Zung Fu may give to the Customer fourteen (14) days of advance reasonable notice of its intention to sell or dispose of the Vehicle.
 10.2  If the sums due remain unpaid to Zung Fu after expiration of such fourteen (14) days period, the Vehicle, its accessories and contents will automatically (without the need for any further notice or any other action on the part of Zung Fu) pass to Zung Fu, who shall be entitled to sell or dispose of the Vehicle, its accessories and contents by whatever means it deems fit, whether by way of public or private tender, auction or otherwise, to recover from the proceeds of the sale all payments owing from the Customer or the owner and/or other users of the Vehicle to Zung Fu, together with any costs and expenses (including legal fees) incurred in relation to such sale or disposal. Storage charges for any period up to the date of sale or disposal of the Vehicle shall continue to accrue and be due and payable as herein provided.
 10.3  The Customer hereby irrevocably authorises Zung Fu as agent of the Customer to sign all such documents and take all such actions as may, in the view of Zung Fu, be necessary or desirable to register Zung Fu or any third party to whom Zung Fu may sell the Vehicle, its accessories and contents as the owner of the Vehicle, its accessories and contents, and to perfect the title of Zung Fu or any third party thereto.
 10.4  The Customer hereby irrevocably agrees forthwith upon demand to ratify everything done by Zung Fu pursuant to the authority hereby conferred and to indemnify Zung Fu against all costs, expenses or loss that may be incurred by Zung Fu as a result of any documents signed or action taken by Zung Fu pursuant to or purportedly pursuant to the authority hereby conferred.
 10.5  The Customer hereby warrants to Zung Fu that the Customer is the sole registered and beneficial owner of the Vehicle, its accessories and contents.
 10.6  The balance of the proceeds of the sale in excess of the amount due to Zung Fu hereunder (if any) obtained under Clause 10.3 shall be returned to the Customer within thirty (30) days after the date on which the Vehicle is sold, provided that Zung Fu had prior notice of a third party’s better right over ownership of the Vehicle, its accessories and contents, Zung Fu shall be entitled to withhold payment of the balance of the excess proceeds until and unless the Customer has proved to the satisfaction of Zung Fu that:
  1. title to the Vehicle, its accessories and contents have reverted to the Customer; or
  2. the payment to the Customer was authorised by the third party concerned; or
  3. the payment to the third party concerned was authorised by the Customer; and
in which case the Customer hereby unconditionally and irrevocably agrees to indemnify Zung Fu against all losses and damages which it may have suffered as a result of making the payment as aforementioned.
 10.7  In exercising the right of sale under the Plan, Zung Fu shall not be deemed to be acting as trustee, and shall not be under any duty to obtain the best or a reasonable price for the Vehicle, its accessories and contents as the case may be.
11. Disposal of Uncollected Goods Ordinance
 11.1  Without prejudice to Zung Fu’s rights under Clause 10, Zung Fu has the right to sell the Vehicle, its accessories and contents after the lapse of twelve (12) months from the date on which notification of collection has been given to the Customer by registered post or otherwise subject to the provisions of the Disposal of Uncollected Goods Ordinance (Chapter 294 of the Laws of Hong Kong) or any statutory modification or re-enactment thereof the time being in force which confers on Zung Fu such right of sale.
12. Tax
 12.1  The Customer is solely responsible for payment of the amount of tax specified in Schedule 1 on or before the date of the Plan as well as all other taxes and levies applicable to all payments, services or matters covered by the Plan, whether such taxes and levies are payable before, upon or after signing of the Plan.
13. Contracts (Rights of Third Parties) Ordinance
 13.1  A person who is not party to this agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
14. Personal Data Protection and Privacy Policy
 14.1  Zung Fu’s privacy policy (https://www.zungfu.com/en/privacy-statement.html) is incorporated into the Plan.
 14.2  The Customer understands that the provision of the data requested by Zung Fu from time to time pursuant to the Plan is voluntary, but that Zung Fu will not be able to enter into the Plan with the Customer, perform or provide related repairs under the Plan to the Customer if the above data are not given.
 14.3  The personal data (as defined under the Personal Data (Privacy) Ordinance as amended from time to time) (“Data”) provided by the Customer will be used by Zung Fu for the purpose for which it was requested, and for directly related purposes as follows:
  1. application, administration, continuation and termination of the use of Zung Fu’s products or repairs;
  2. processing billing and payment, maintaining a credit history, determining amounts outstanding and if necessary, collection of outstanding payments;
  3. considering or fulfilling requests or application of any nature submitted by the Customer, whether online, over the phone or through other channels;
  4. handling and following up service calls, enquiries and complaints;
  5. verification of the Customer’s identity;
  6. administering contests and sweepstakes conducted by Zung Fu, including disclosing the winner of any such contests;
  7. enforcement of any contract entered into between the Customer and Zung Fu;
  8. updating and enhancing Zung Fu’s records;
  9. meeting the requirements to make disclosure to any governmental, legal or regulatory authority in Hong Kong under the requirements of any law binding on Zung Fu; and
  10. enabling Zung Fu to better understand the demographics of Zung Fu’s customers and provide products and/or repairs better tailored to the Customer’s needs.
 14.4  Zung Fu does not sell or trade the Customer’s Data with third parties and Zung Fu strives to protect the Customer’s privacy. The Customer’s Data may however be transferred within or outside Hong Kong as follows (if applicable):
  1. other companies (including branch offices, subsidiaries, holding companies, associated companies or affiliates) within Zung Fu’s group of companies;
  2. governmental, legal or regulatory authority in Hong Kong;
  3. Zung Fu’s legal and financial advisers;
  4. third party service providers engaged by Zung Fu to assist with debt collection and customer repairs;
  5. insurance companies for the application of car insurance;
  6. credit information, reference bureaus or financial service companies for the application of financial repairs; and
  7. Zung Fu’s assignees or successors in title.
 14.5  Data provided by the Customer is retained, if:
  1. the purpose for which the Data was collected still exists;
  2. it is so required by law, statute or regulation; or
  3. it is in the public interest.
Data will be destroyed once the retention requirement is ended.
 14.6  The Customer may at any time contact Zung Fu’s Customer Relations team at cs@zungfu.com or 2504 6140 to request access to or update/correct the Customer’s Data held by Zung Fu. The Customer may also ask Zung Fu to delete the Customer or the Customer’s Data from any active mailing or distribution list.
15. Miscellaneous
 15.1  The Terms and Conditions of the Plan constitute the entire agreement of the Parties with regard to the subject matter hereof and supersede all previous negotiations, understandings and agreements.
 15.2  The Plan is subject to guidelines, interpretations, revisions and updates as may be issued by Zung Fu from time to time. Such guidelines, interpretations, revisions and updates shall prevail if they are inconsistent with the Terms and Conditions provided in the Plan.
 15.3  The invalidity or unenforceability for any reason of any part of the Plan shall not prejudice or affect the validity or enforceability of the remainder.
 15.4  Any notice hereunder required to be given or given in writing shall be properly served if served personally on the Customer or sent by pre-paid post to the last known residential or business address of the Customer and, if there be none, to the address of the person registered with the appropriate government authorities as the owner of the Vehicle. A notice shall be deemed to have been served on the day of personal service or four (4) days following the posting thereof.
 15.5  The Customer may not withhold payment of any invoice or other sums due to Zung Fu by reason of any right of set-off or counterclaim which the Customer may have or allege to have or for any reason whatsoever.
 15.6  A Chinese translation of the Plan is available upon request. The Chinese translation is for information purposes only. In the event of any dispute arising hereunder the English version shall prevail.
 15.7  The Plan shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. All disputes arising out of the Plan shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.