Agreement to Terms
These Terms of Service form a binding agreement between you and FilmTec Water Hong Kong Limited. They apply when the Company provides a quotation, supplies equipment, carries out a survey, performs testing or maintains a treatment system. They also apply to your use of the website at www.poketech.autos. If you do not accept these terms, you should not use the website or engage the Company for work.
Where a signed service agreement, purchase order or statement of work exists between the Company and a client, that document takes priority over these terms to the extent of any conflict. These terms fill the gaps and set the general framework for every engagement.
Definitions
In these terms, Company means FilmTec Water Hong Kong Limited. Client means the person or organisation that engages the Company. Services means the water treatment and filtration work described in a quotation or agreement, including design, supply, testing, media supply, maintenance and commissioning. Equipment means the pumps, vessels, membranes, controls, media and other goods supplied by the Company. Site means the premises where the Services are performed.
Working day means a day other than a Saturday, Sunday or public holiday in Hong Kong. Writing includes email. Specification means the water quality and flow criteria agreed for a treatment system. Product water means the treated water leaving the final stage of a system.
Scope of Services
The Company provides reverse osmosis systems, ultrafiltration plants, water quality testing, filter media supply, system maintenance contracts and custom treatment design. The exact scope for any engagement is the scope stated in the accepted quotation or agreement. Work that is not described in that scope is a variation and is handled under the variation clause below.
The Company performs its services with the reasonable skill and care expected of a competent water treatment engineering firm. Recommendations about treatment stages are based on the feed analysis and site information available at the time. Where the actual feed differs materially from the information supplied, the Company may adjust its recommendation and the parties will agree any resulting change in price or programme.
Quotations and Orders
A quotation is valid for thirty days from its date unless it states a different period. A quotation is an invitation to place an order and does not itself create a contract. A contract is formed when the client accepts the quotation in writing or issues a purchase order that the Company confirms.
Quotations are based on the information provided by the client, including flow rates, feed quality, site conditions and access arrangements. If that information proves to be inaccurate, the Company may revise the quotation. Any order that involves imported membrane elements, pumps or specialist media is subject to availability from the manufacturer at the time of confirmation.
Pricing and Payment
Prices are stated in the currency shown on the quotation and exclude taxes, duties and any charges levied by a port or a carrier, unless the quotation says otherwise. The Company may adjust a price to reflect a change in scope, a change in the agreed specification, or a material increase in the cost of imported components between quotation and order.
Unless the quotation states other payment terms, invoices are payable within thirty days of the invoice date. The Company may require a deposit before beginning fabrication or ordering long lead items. Sums that are overdue may attract interest at a reasonable commercial rate, and the Company may suspend work or withhold delivery while an undisputed invoice remains unpaid. All payments are to be made without set off unless the parties agree otherwise in writing.
Site Access and Client Duties
The client provides safe and timely access to the Site, including the plant room, the electrical supply, the water supply and any lifting or storage area needed for the work. The client informs the Company of any hazard, restricted area, permit requirement or building rule that affects the work.
Where a site induction, a work permit or an escort is required, the client arranges it so that the Company can start on the agreed date. If access is delayed or denied, the Company may charge for the lost time and adjust the programme. The client remains responsible for the safety of the Site generally, while the Company is responsible for the safe conduct of its own personnel and subcontractors.
Design Changes and Variations
Either party may request a change to the agreed scope or specification. A change takes effect only when it is recorded in writing and accepted by both parties. The Company will state the effect of a change on price, on the programme and on the performance of the system.
If a change alters the treatment duty, the Company may need to revalidate the water quality criteria for the system. Where a change is requested after fabrication has begun, the Company may charge for the rework of materials and for any components that can no longer be returned to the supplier.
Water Quality Testing
Water quality testing is performed on samples taken at agreed sample points. Results describe the condition of the sample at the time it was taken and at the point from which it was drawn. Water quality can vary with demand, weather, plant operation and upstream events, so a single round of results is a snapshot rather than a guarantee of continuous quality.
The Company reports results in good faith and explains their practical meaning. Decisions that the client takes on the basis of a report, such as a change of process or a discharge of water, remain the responsibility of the client. Where the Company also performs the treatment work, the report and the corrective action are handled together for the benefit of the system.
Filter Media and Consumables
Filter media and consumables are supplied according to the grade and specification stated in the quotation. Media is a consumable item and its service life depends on the feed water, the operating regime and the loading it receives. The Company provides a certificate of analysis for supplied media where the manufacturer issues one.
Removal and disposal of spent media is performed or arranged by the Company where the quotation includes it. The client is responsible for confirming that the disposal route is acceptable for their site and for retaining any record that their environmental obligations require. Media that has been contaminated by a substance that the client did not disclose may need special handling, and the Company will advise on the correct route before removal.
Maintenance Contracts
A maintenance contract sets the visit frequency, the tasks included and the response arrangements for a treatment system. The Company performs the agreed tasks with reasonable skill and care and records the work in a written report. A maintenance contract reduces the risk of unexpected failure but does not remove it, because equipment can fail between visits and feed conditions can change without warning.
The client keeps the plant running within its design parameters, reports any change in water quality or operation promptly, and provides access on the scheduled dates. Where the client performs work on the system, or engages another contractor to do so, the Company is not responsible for the effect of that work on the system it maintains. Additional parts fitted outside the contract are charged separately unless the contract states otherwise.
Delivery, Title and Risk
Delivery dates are estimates unless the quotation states a fixed date. The Company is not liable for a delay caused by a supplier, a carrier, a port, a customs process or an event outside its reasonable control. Risk in delivered goods passes to the client on delivery to the Site unless the parties agree otherwise.
Title in goods passes to the client when the Company has received payment in full for those goods. Until title passes, the client holds the goods for the Company and must keep them identifiable. This retention of title does not affect the client responsibility to insure the goods after delivery.
Commissioning and Handover
Commissioning proves that a system meets the agreed specification. The Company tests the system against the stated flow and water quality criteria, records the results and provides operating information to the client personnel who will run the plant. Handover occurs when the commissioning criteria are met and the client accepts the system.
If a system cannot meet the agreed criteria because of a fault in design, supply or workmanship, the Company corrects it at its own cost. If the shortfall is caused by site conditions, feed quality or client supplied services that differ from the agreed basis of design, the Company will propose a corrective variation and the parties will agree the cost.
Warranty
The Company warrants its own workmanship and the equipment it supplies against defects in material and manufacture for the period stated in the quotation or the manufacturer warranty, whichever applies. The warranty does not cover normal wear of consumables, membrane fouling caused by the feed, damage from misuse, damage from an unauthorised modification, or failure caused by a failure of the client electrical or water supply.
The remedy under the warranty is, at the option of the Company, repair or replacement of the defective part or item. Consumable items such as cartridge elements, filter media and cleaning chemicals are excluded from the workmanship warranty and are covered only by any manufacturer warranty. The client must report a suspected defect promptly and give the Company a reasonable opportunity to inspect before any third party intervenes.
Client Obligations
The client provides accurate information about the feed water, the required product quality, the operating hours, the chemicals already in use and any known problem with the existing plant. The client maintains the plant in accordance with the operating instructions and ensures that only trained personnel operate it.
The client pays the agreed sums on time, provides access for scheduled and emergency visits, and informs the Company of any change in the site that could affect the treatment work. The client also ensures that any water sample point is safe to access and that sampling is performed in a way that does not endanger personnel.
Intellectual Property
Designs, drawings, calculations, process schemes, software configurations and written reports prepared by the Company remain the intellectual property of the Company. The client receives a licence to use the delivered documents for the operation, maintenance and modification of the system at the Site. The client may not resell the documentation or use it to build a copy of the system for another site without written permission.
Third party components supplied with the system remain subject to the intellectual property rights of their manufacturers. The website content, including text and layout, belongs to the Company and may not be reproduced for a commercial purpose without permission.
Confidentiality
Each party keeps confidential the commercial and technical information of the other that is disclosed during the engagement and is marked or reasonably understood to be confidential. The receiving party uses that information only for the purpose of the engagement and discloses it only to personnel and subcontractors who need to know.
Confidentiality does not apply to information that is already public, that the receiving party already lawfully held, or that must be disclosed by law or by a court. Personnel who attend a client site keep client operational information confidential, and the client keeps the design and process information of the Company confidential.
Limitation of Liability
Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence and liability for fraud. Subject to that, the total liability of the Company arising from an engagement is limited to the value of the sums paid to the Company under the relevant contract.
The Company is not liable for indirect or consequential loss, for loss of profit, for loss of production, for loss of business opportunity or for damage to property that is not caused by the Company. The Company is not liable for a failure of the treatment system caused by a change in feed water that was not disclosed, by a breach of the operating instructions, or by the act of another contractor on the Site. These limits reflect the nature and price of the engineering services provided.
Force Majeure
Neither party is liable for a delay or a failure to perform that is caused by an event outside its reasonable control. Such events include natural disaster, severe weather, epidemic, war, civil disturbance, industrial action, a failure of a public utility, a government restriction, and a shortage of imported components that could not reasonably have been avoided.
The affected party informs the other promptly and uses reasonable efforts to limit the effect of the event. If the event continues for a prolonged period, either party may discuss a fair adjustment to the programme or, where the delay makes performance impossible, end the affected part of the engagement.
Suspension and Termination
The Company may suspend work if an invoice remains unpaid, if the Site is unsafe, or if the client fails to meet a material obligation and does not correct the failure within a reasonable time after notice. The client may suspend or end an engagement if the Company fails to perform with reasonable skill and care and does not correct the failure within a reasonable time after notice.
On termination, the client pays for work completed, for goods supplied and for non returnable items ordered for the engagement. The Company returns or destroys client information in accordance with its privacy policy and the confidentiality clause above. Clauses that by their nature should survive termination, including confidentiality, intellectual property, warranty and liability, continue to apply.
Governing Law and Disputes
These terms are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any dispute that cannot be settled by negotiation.
Before starting formal proceedings, the parties will attempt in good faith to resolve a dispute through discussion between senior representatives. If a dispute arises during work on a live system, the parties continue to perform their obligations so far as reasonably possible, and the disputed amount is paid into a holding arrangement if the parties agree.
How to Contact Us
Questions about these Terms of Service may be sent to FilmTec Water Hong Kong Limited at Rm 702 7/F ONE HARBOURGATE CHINA LIFE CTR TWR A, 18 HUNG LUEN RD, Hung Hom, Hong Kong (HK), by email at billing@poketech.autos, or by telephone at +15677728495. Business hours are Monday to Friday, 9:00 to 18:00 Hong Kong time.
Please quote the relevant quotation number or contract reference when you write, so that the message reaches the right engineering or accounts team without delay.