Terms & Conditions

Quotation

1.The following items are to be excluded from our quotation:

1.1Extra Material not mentioned in this quotation

1.2Any item purchased by client, and its related cost (such as transportation, delivery, courier, co-ordination, manpower, goods relocation etc.)

1.3Any disposal item made by other contractor(s) or sub-contractor(s). Items made by In N Out Design · Build excluded

1.4Any disposal item mentioned/raised by client or other contractor(s) after demolish work carried out

1.5All minor works and submission for government to be excluded

1.6Items not listed above quotation to be excluded

1.7Forming opening at existing structural wall to be excluded

2.Renovation deposit required by Buildings Department to be paid by Client

3.Non-contract procurement items to be charged 10% handling fee

4.All price to be excluded night works allowance

5.Price may vary and is subject to change. Prices listed on the signed agreement are considered as the final agreed price. If any dispute, In N Out Design · Build reserves final decision right.

Project

1.If the project payment is not delivered to our company on time, the engineering technology is not allowed for application, or the project schedule is delayed due to bad weather condition, our company bear no responsibility upon the above situation; but we will try our best to cooperate.

2.If Client request specialist(s) to supervise the project, they must inform our company with the list of supervisors, the scope of supervision, and the contact information. Client shall full pay the relevant fees.

3.If the purchased materials are obtained illegally, or are stolen goods, infringing goods, untaxable goods, origins unidentified or illegal goods, etc., either party to use the materials and complete the installation without knowledge, the party responsible for ordering shall bear full responsibility including legal liability, and or expenses of the resulting replacement, amendment, and compensation, etc..

4.If either one of the parties dissents the materials provided by the other party, a re-inspection to be carried out, the inspection fee, the extra project period, and the affected costs shall be paid by the dissident party.

5.If the two parties fail to reach a consensus on the quality of the project and materials, professional building inspection personnel can be hired from the job market to inspect the installation. All relevant costs shall be paid by Client.

6.The inspection report must be verified by an authorized person (architect, surveyor).

7.Building inspectors must obtain the following qualifications:

Accredited Member of The Hong Kong Institute of Clerks of Works or above, or

Affiliate of The Hong Kong Institute of Surveyors or above, or

Affiliate of The Hong Kong Institution of Engineers or above, or

Affiliate of The Hong Kong Institute of Architects or above, or

building inspector engaged in building inspection for five years or more verified by an authorized person

8.If the following conditions are confirmed by the customer and the project period to be extended, our company shall not make any compensation:

8.1The number of project items or design is amended, the amended work items directly affect the project process

8.2Our company have obtained a written consent from Client to extend the project

8.3Client fail to complete their responsible duties in accordance to the agreement, such as selecting materials, design, which affects the project schedule

8.4Client fail to pay the project payment in accordance to the agreement, which affects the original project schedule. Client shall pay for any overtime pay caused

8.5The materials ordered by Client are not delivered on site on time during the construction day, Client shall bear the costs caused by the postponed progress

9.All designs must comply with the latest Hong Kong laws, code of conduct and construction standards.

10.Before the design, our company have the right to do on-site measurement, meet Client in person to understand their actual needs and inspect the surrounding environment of the unit to match the design.

11.The design concept and related copyright belong to the project designer. Client is not allowed to copy and or disclose to others without the designer’s permission.

Client duties

1.Client must process the project payment to our company on time. If Client fail to pay on schedule, the project shall postpone accordingly.

2.Client must allow our company to enter the unit to measure, inspect the environment before the start of construction.

3.Client must clear the site during or before the construction based on the principle of not affecting the work.

4.Client must provide water supply, electricity supply, and toilet facilities to our company.

5.Client must assist our company to obtain the written consent to start the work in the unit. If the housing estate, shopping mall or management company regulates the interior decoration of the unit, Client must notify our company during quotation.

6.Client must assist our company in coordinating with the neighborhood.

7.Client shall not force our company to construct facilities which violate the law nor request our company to violate our professional code.

8.Client agrees to accept the services provided by our company, which equally means the acceptance of our company to possibly employ other sub-contractors to provide services.

Our duties

1.Advice made by our staff are for Clients’ reference only. Some projects require the verification by the housing estate management department or their affiliated professionals to further evaluate and test with instruments.

2.If the project involves affecting the property structure, safety, maintenance scope, violation of laws and the public interests of third parties, our company reserves the right to stop the project.

3.Our company must strictly implement the construction specifications during construction, follow quality standards, safety operation and fire prevention regulations, protect the property and complete the project items specified in the signed quotation on schedule.

4.Our company and our workers should strictly abide by the rules of the housing estate, shopping mall or property management company.

5.Without the approval from the Buildings Department or related government departments, our company should not dismantle or modify the structure and refractory elements of the property.

6.Our company shall not disturb the neighbors, promote at other units nearby nor bring a third party to Client’s unit for visits.

7.Our company should strictly abide by the noise control regulations by the government, housing estate, shopping mall or property management company.

8.Our company is responsible for inspecting the site structure, water flow system, power system, antenna system, tele communication system and gas system, etc. before the start of construction.

9.When the materials are delivered to the site, our company must check whether the appearance of the materials is complete during reasonable time.

10.Our company is responsible for confirming the delivery time of the materials ordered by Client before the start of construction. If the materials cannot be delivered on site on time, our company must inform Client before the start of construction or order and negotiate for an amendment or postpone of the project schedule. Client shall bear the costs caused by the postpone of project.

Breach of contract

1.One party fails to perform the contract as agreed.

2.One party fails to perform the obligations and liabilities of the contract as agreed, causing the loses of the other party, the breaching party shall be liable for compensation.

3.The breaching party should bear the penalties of the project caused by violations of relevant Hong Kong laws and regulations.

4.One party fails to continue performing the contract, the party should notify the other party in a timely manner, and the breaching party should bear the losses caused by the termination of the contract.

Legal Notice and Disclaimer

A. INTELLECTUAL PROPERTY RIGHTS

A.1 This Website and any information available on it including, but not limited to, text, artworks, icons, graphics, photos, images, software, music, sound, source code and trademarks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by In N Out Design · Build. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this Website for any purpose without our prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

B. WARRANTIES

B.1 The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on this Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.

B.2 We disclaim any endorsement or recommendation of any person, organization, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.

B.3 We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.

B.4 None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

C. LIMITATION OF LIABILITY

C.1 By accessing and using this Website you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. Without limiting the foregoing:

THIS WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT.

WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE.

WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

D. LINKS

This Website may contain links to other websites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data. You should review the terms and conditions for those third-party websites and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked websites.

E. TERRITORY

The materials on this Website are directed solely at persons accessing the Website from the Special Administrative Region of Hong Kong. We make no representation that any product or service referred to on this Website is available, or appropriate for use for any other location.

F. CHANGES

We reserve the right, but undertake no duty, to review edit or otherwise change this Website and any information contained on this Website at our sole discretion and without notice.

G. GENERAL

G.1 If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms of Use which shall continue in full force and effect.

G.2 If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future.

Disclaimers & Terms of Use

These terms and conditions apply to all users of the website of:

– In N Out Design · Build (http://innout.9u1.net/zh/) (the “Website”), which is operated by In N Out Design · Build (“we”, “us”, “our”).

Your use of the Website is governed by these terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully before using the Website. By using the Website or any part of it, you agree that you have read these Terms of Use and that you accept and agree to be bound by them.

GENERAL

1.1 In these Terms of Use the following definitions shall apply:

a. “Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration. of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

(a) confidential information, business or trade secrets, know-how;

(b) inventions, patents (including supplementary protection certificates);

(c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);

(d) trade marks, service marks, business or trade names;

(e) design rights, topography rights;

(f) Database rights,

together with all other rights of a similar or corresponding character or nature.

b. “Legal Notice and Disclaimer” means the legal notice and disclaimer applicable to the Website as extracted below.

c. “Privacy Policy” means the policy regarding personal data collected in connection with this Website and the privacy of customers and visitors to this Website, located at here.

1.2 The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms of Use and these documents, along with these Terms of Use, shall prevail over any other document including any of our store policies purporting to have a contractual effect.

1.3 You agree to provide complete and updated information for registration on this Website.

1.4 You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third -party Intellectual Property Rights.

VARIATION OF TERMS OF USE

2.1 We reserve the right to amend these Terms of Use from time to time in our sole discretion. Customers and visitors are reminded to review the Terms of Use regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms of Use.

PREVAILING LANGUAGE

3.1 In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall prevail.

APPLICABLE LAW

4.1 These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region and you and In N Out Design · Build agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising for or in relation to these Terms of Use.

PERSONAL INFORMATION & PRIVACY

5.1 We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with the Privacy Policy located at here.

5.2 At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access certain parts of this Website, or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal information.