Application of this Warranty
In this Warranty, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Apex Authorised Retailer” means any third party that Apex has authorised to sell Apex motor vehicles from time to time.
“Apex Authorised Service Centre” means any third party that Apex has authorised to service Apex motor vehicles from time to time.
“Application” means the written application for the Warranty which is completed with the required details and submitted to Apex.
“Failure” means the actual failure of any part listed under section 2 (“What this Warranty covers”) owing to unforeseen circumstances such that such part is unable to carry out its normal function until repairs have been affected, but excluding any part/circumstances listed under section 3 (“What this Warranty does not cover”) or otherwise excluded under this Warranty.
“Motor Vehicle Sales and Purchase Terms and Conditions” means Apex’s motor vehicle sales and purchase terms and conditions as provided to customers who purchase motor vehicles from Apex, as amended from time to time, which can be found at www.apex-motor.com/about/legal
“Period of Warranty Cover” means the duration and mileage of cover as set out in the Warranty Confirmation Letter.
“Retailer” means any Apex Authorised Retailer and/or Apex Authorised Service Centre (as applicable).
“Vehicle” means the motor vehicle recorded on the Application and confirmed in the Warranty Confirmation Letter.
“Warranty” means this warranty, which is not an insurance product, provided by Apex to the Warranty Holder on the terms and conditions contained in this document.
“Warranty Confirmation Letter” means the document sent to the Warranty Holder on Apex’s acceptance of the Application.
“Warranty Holder” means the person or entity named in the Warranty Confirmation Letter or such other subsequent person or entity to which the benefit of this Warranty is validly assigned or transferred in writing, subject to Apex’s written consent, in accordance with this Warranty.
What this Warranty covers
This Warranty sets out exactly what is covered under this Warranty and what to do in the event of a Failure.
Provided the Warranty Holder adheres to the terms and conditions of this Warranty, Apex will cover all factory-fitted components of the Vehicle (except those listed below in section 3 (“What this Warranty does not cover”) or which is otherwise excluded under this Warranty) against the cost of parts and labour in the event of a Failure.
What this Warranty does not cover
This warranty does not cover:
general maintenance, scheduled services, and routine adjustments required by normal wear and tear and/or recommended by Apex, including, but not limited to, any replacement parts and assemblies or other materials (including but not limited to, spark plugs, wiper blades, bulbs, filters, belts, coolant hoses, brake pads, lubricants, fluids and filters) used in such services and adjustments;
batteries, tyres, wheels, wheel balancing, or alignment;
windscreens or glass;
bodywork, paintwork, trim, and upholstery, or the deterioration of any other part, assembly, or component as a consequence of wear and tear or exposure to the elements;
after-market accessories or non-original equipment, components, and systems not installed by, or on behalf of, Apex;
any damage caused to any components by the use of incorrect or contaminated fuel;
the renewal of any clutch component due to incorrect adjustment, misuse or general wear and tear;
software upgrades (unless there is a Failure in relation to the software).
How to make a claim
Should it be necessary to make a claim for a Failure, the Warranty Holder must promptly notify the Retailer of the Failure. Once the Warranty Holder has notified the Retailer, the Warranty Holder shall liaise with the Retailer to arrange a suitable time for diagnosis and to return the Vehicle to the Retailer, and the claim will be handled on the Warranty Holder’s behalf. For the avoidance of doubt, no claim shall be valid unless the Vehicle is returned to a Retailer in Hong Kong for the claim to be handled.
Apex reserves the right to examine the Vehicle and subject the failed parts to expert assessment. No repair work will be started before Apex has approved it. Apex will not pay any claim until the claims process has been completed and the invoice (receipted where applicable) has been received.
Maximum claims liability
Apex will pay both parts and labour costs up to a sum equivalent to fifteen per cent (15%) of the initial purchase price of the Vehicle. This value can be reached through either:
one (1) individual claim; or
the sum of all claims made.
If more than one (1) part has failed at the time the Retailer is notified of a Failure under paragraph 4.1, it will be dealt as, and considered to be, one (1) claim.
Limitations of liability
There is no limit of liability in respect of any single claim (subject to the maximum claims liability set out in paragraph 5.1) except where defined on the Warranty Confirmation Letter. Unless otherwise specified in the Warranty Confirmation Letter, the cover granted by this Warranty relates to, and shall not exceed, Apex’s list prices for parts, together with labour costs necessarily incurred in the repair of those parts listed (up to the maximum claims liability).
Unless specifically set out in the Warranty Confirmation Letter, to the fullest extent permissible by applicable law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages no liability will be accepted for any loss arising out of, or resulting from, any defective work, parts, or materials supplied by the Retailer (whether based on breach of contract, tort (including negligence), product liability, or otherwise).
We do not make any representations or warranties of any kind, express or implied, in relation to this Warranty. To the fullest extent permissible by applicable law, we disclaim all representations and/or warranties, express or implied thereof. Apex shall not be liable for any statement or representation, written or verbal, (by whosoever made) which contradicts the terms and conditions of this Warranty, unless such statement or representation is supported in writing by Apex.
To the fullest extent permissible by applicable law, Apex excludes any liability for death, bodily injury, or damage to other property or any consequential loss of whatsoever nature arising directly or indirectly from the claim or event-giving rise to a claim under this Warranty other than as provided herein.
Notwithstanding anything to the contrary in this Warranty, nothing in this Warranty shall exclude or limit our liability for death or personal injury caused by our negligence, or any other liability which cannot be excluded or limited under applicable law.
General terms and conditions
This Warranty applies only upon submission of an Application to Apex, and Apex’s acceptance of such Application, as confirmed by the Warranty Confirmation Letter. It is a condition that all information provided at the time of the Application must be true, complete, and accurate. Cover under this Warranty may be granted only to individuals residing, or corporate bodies incorporated, in Hong Kong, and is valid only in Hong Kong. Apex may request proof of ownership of the Vehicle for a minimum of ninety (90) days as a condition of complying with this Warranty. For the avoidance of doubt, should a Failure with the Vehicle occur outside of Hong Kong, and warranty service is required, the Warranty Holder will bear 100% of the cost of returning the Vehicle to the Retailer based in Hong Kong for service, and any Vehicle presented for service outside of Hong Kong will be at the Warranty Holder’s sole cost and expense.
This Warranty applies only to the Vehicle described in the Warranty Confirmation Letter.
This Warranty shall apply only for the Period of Warranty Cover. [Unless expressly stated in the Warranty Confirmation Letter, the Period of Warranty Cover shall be limited to a maximum 7,500 miles (12,000 kilometres) distance under this Warranty. For the avoidance of doubt, the coverage of this Warranty shall not apply if such distance (7500 miles or 12,000 kilometres) is covered by the Vehicle before the expiry date shown.
In order to maintain the Vehicle in good condition we strongly recommend that it is regularly serviced by a Retailer. The Warranty Holder understands the current service schedule and requirements.
Observance and fulfilment by the Warranty Holder of the full terms and conditions of this shall be conditions precedent to any liability of Apex to make any payment under this Warranty.
No claim will be considered unless, before the start of the Period of Warranty Cover, the Retailer has subjected the Vehicle to a pre-sale inspection and thereafter the Vehicle has been serviced at the appropriate time/mileage intervals in accordance with Apex’s recommendations. A maximum allowance of 310 miles/500 kilometres either side of the stipulated mileage or two (2) weeks either side of the stipulated time period is permitted.
Apex shall be entitled, in the event of any loss, to undertake in the name and on behalf of the Warranty Holder the absolute conduct, control, and settlement of any proceedings. Apex may also take proceedings at its own expense and for its own benefit, but in the name of the Warranty Holder, to recover compensation or secure indemnity from any third party in respect of anything covered in this Warranty.
Apex shall not be liable in respect of any claim by the Warranty Holder or subsequent holders covered by an existing warranty or other cover.
If any claim is fraudulent in any respect, all benefits under this Warranty will be forfeited.
This Warranty does not cover any of the following:
Failure where the fault, in the reasonable opinion of a qualified engineer appointed by Apex to have been owing to a fault present before commencement of the Warranty. Any such pre-existing fault must be rectified before Apex’s obligation under this Warranty can come into effect;
Failure which could be attributable, in the reasonable opinion of a qualified engineer appointed by Apex, to lack of proper maintenance or neglect;
where the part, which has failed, is subject to a recall campaign or upgrade campaign by Apex;
where the part, which has failed, can be considered as an inherent design fault;
track days – any failure incurred or caused as a result of, or following, a track day (unless the event is officially organised by Apex);
if the Vehicle’s odometer has been tampered with altered or disconnected;
in whole or in part due to any kind of accident or any act or omission that is willful, unlawful, or negligent;
if the Vehicle or any part has been modified from Apex’s original specification;
repairs, replacements, or alterations not authorised by Apex;
any part which has not actually failed but which is repaired or replaces, or which is reported or discovered, during servicing and/or maintenance work as requiring repair or replacement;
any cost of which is recoverable by the Warranty Holder under any other existing warranty, insurance, or guarantee;
the gradual reduction in operating performance of the Vehicle commensurate with its age and mileage including (but not limited to):
gradual loss of engine compression necessitating the repair of valves or rings,
gradual increase in oil consumption due to normal operating functions;
any Vehicle used for hire or reward (including, but not limited to, taxis, self-drive, driving schools, etc.) or used in any kind of competition;
any Vehicle owned or operated by a motor trader or by any of its subsidiary or associated companies or by the proprietor thereof or any relative of the proprietor or any employee of such motor trader, or of any of its subsidiary or associated companies.
any consequence whether direct or indirect of war, invasion, act of foreign enemy hostilities (whether war be declared or not) civil war rebellion, revolution, insurrection or military or usurped power;
loss directly or indirectly caused by (or contributed to, by, or arising from) any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
Failure/damage caused by frost, corrosion, flooding, impact, fire, accidental damage, vandalism, riot or abuse. Roadside Assistance
Roadside assistance is available to the Warranty Holder in Hong Kong in relation to Vehicles registered in Hong Kong.
If the Vehicle becomes immobilised and roadside assistance is required, the Warranty Holder can contact the Apex Authorised Retailer, or the Authorised Apex Authorised Retailer closest to the Vehicle’s location, to discuss the situation and the options that are available.
Each Vehicle will be subject to a maximum of three (3) free car towing services, but will have unlimited out-call services (from 0800 to 0000, seven (7) days per week). Such roadside assistance shall be available for the first twelve (12) months after the date of purchase of the Vehicle. For the avoidance of doubt, any costs for roadside assistance after the third car towing, outside the out-call service hours, and/or after the twelve (12) month period shall be payable by the Vehicle owner or Warranty Holder (as applicable).
Assignment. The Warranty Holder shall not assign any of its rights or obligations under this Warranty to any third party without our prior written consent. We have the right to assign any of our rights or obligations under this Warranty at any time. The Warranty Holders agrees it shall, in the event of any such assignment of our obligations, release us from any of our obligations, provided that the relevant assignee agrees to assume any and all such obligations.
Force majeure. If, by any reason of any event of force majeure or acts of God which shall directly or indirectly cause any party to this Warranty be delayed in, or prevented from, performing any of the provisions of this Warranty, then such delay or non-performance shall not be deemed to be a breach of this Warranty, and no party shall be responsible or liable to the other for such failure in delay or performance, and no loss or damage shall be claimed by any party hereto from the other by reason thereof.
Severability. The provisions of this Warranty shall be severable, and if any provision, or part-provision, of this Warranty shall be held or declared to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, or part-provision, of this Warranty, and the remainder of this Warranty, disregarding such illegal, invalid or unenforceable provision, or part-provision, shall continue in full force and effect as through such illegal, invalid, or unenforceable provision, or part-provision, had not been contained in this Warranty.
Waiver. No provision of this Warranty shall be deemed waived, unless such waiver shall be in writing and signed by the party against which the waiver is sought to be enforced. The waiver by a party of any breach of any provision, or part provision, of this Warranty by another party shall not be construed to be either a waiver of any succeeding breach of any such provision or a waiver of the provision itself. No single or partial exercise of any right or remedy shall prevent or restrict further exercise of that or any other right or remedy.
Third party rights. This Warranty does not create any right enforceable by any person who is not a party to this Warranty under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong), irrespective of whether or not a clause of this Warranty confers or purports to confer a benefit on such person.
Governing law and jurisdiction. This Warranty, and any disputes, controversies, differences, or claims arising out of, or in connection with, it or its subject matter or formation (including non-contractual disputes or claims), are, and shall be, governed by, and construed in accordance with, the laws of Hong Kong, and each of the parties irrevocably submits to the exclusive jurisdiction of the Hong Kong courts.
Effective: 1st December 2019