1. Acceptance Of Terms
By accessing this website or using the services of YL E&M Engineering Co., Limited, you confirm that you have read and understood these terms and that you agree to be bound by them. If you do not agree with any part of these terms, please do not use this website and please discuss any concern with us before appointing the company for work.
Where you act on behalf of a company, a partnership or another organisation, you confirm that you have authority to bind that organisation to these terms. In that case the words you and your refer to the organisation as well as to you personally.
These terms apply alongside any project specific agreement, purchase order or formal contract that the parties sign. Where a signed contract conflicts with these terms, the signed contract takes priority for that project.
2. Definitions
In these terms the Company means YL E&M Engineering Co., Limited, whose address is Rm 2414 24/F TWR 1 TAK FUNG INDL CTR, 168 TEXACO RD, Tsuen Wan, Hong Kong (HK). The Client means the person or organisation that appoints the Company or uses this website. The Works means the engineering services, installation, testing, commissioning or maintenance carried out by the Company.
The Site means the premises at which the Works are performed. The Contract means the agreement formed between the Company and the Client, made up of the accepted quotation, these terms and any signed project document. A Business Day means a day other than a Saturday, Sunday or public holiday in Hong Kong.
Headings are included for convenience and do not affect the meaning of a clause. Words in the singular include the plural, and words in the plural include the singular, where the context allows.
3. Scope Of Service
The Company provides mechanical and electrical engineering services including HVAC installation and commissioning, electrical distribution systems, fire services engineering, plumbing and drainage systems, building maintenance contracts and energy performance upgrades. The precise scope for any project is the scope described in the accepted quotation or signed contract for that project.
Information published on this website is provided for general description only. It does not constitute a technical specification, an offer, or a promise that a particular method, product or outcome will be suitable for a specific building. Engineering recommendations are made only after a site survey and a review of the actual plant conditions.
Where the Client requires work that falls outside the agreed scope, the parties will record the additional work as a variation under the clause on variations to works. The Company is not obliged to perform work outside the agreed scope until the variation is confirmed.
4. Quotations And Estimates
A quotation issued by the Company states the price for the defined scope and remains open for the period stated in the document. If no period is stated, the quotation remains open for thirty days from its date, after which the Company may revise it to reflect current material, labour and subcontract prices.
An estimate is an approximate indication of cost based on the information available at the time. An estimate is not a fixed price. Where the Works are priced on an estimate basis, the Company will keep the Client informed of actual cost and will seek agreement before exceeding the estimated amount in a material way.
Quotations assume that the Site is accessible during normal business hours, that the information supplied by the Client is accurate, and that no concealed condition such as asbestos, structural damage or an undocumented service exists. If an assumption proves incorrect, the Company will notify the Client and adjust the price or programme by agreement.
5. Appointment And Contracts
A Contract is formed when the Client accepts a quotation in writing, issues a purchase order that the Company accepts, or signs a project document with the Company. The Contract includes these terms unless the parties expressly agree otherwise in writing.
The Company may decline an appointment where the requested work falls outside its competence, where the Site presents an unacceptable safety risk, or where the commercial terms are not acceptable. The Company will explain a decline promptly so that the Client can make alternative arrangements.
No employee, agent or representative of the Company has authority to vary these terms, to waive a right, or to make a promise about the Works unless the variation or waiver is confirmed in writing by an authorised officer of the Company.
6. Client Responsibilities
The Client will provide accurate information about the Site, the existing plant and any known hazard, including the presence of asbestos, live services, fragile surfaces or restricted access. The Client will also obtain any consent or permit that the Site owner or building management requires before the Works begin.
The Client will make available a competent contact who can give instructions, approve variations and arrange access during the programme. Where the Client appoints other contractors, the Client will coordinate their work with the Company so that the Works are not delayed or made unsafe by conflicting activity.
The Client is responsible for the security of its own property at the Site and for removing or protecting items that could be damaged by the Works. The Company will take reasonable care of the Site, but it is not an insurer of the Client property.
7. Site Access And Safety
The Client will provide safe and timely access to the plant rooms, risers, ceilings and switch rooms required for the Works. Access will include a suitable route for tools, materials and, where necessary, lifting equipment, together with a secure area for storage if the programme requires it.
The Company will comply with the safety rules of the Site and with all applicable Hong Kong safety legislation. The Company may suspend the Works if it reasonably believes that continuing would create a risk of injury or a breach of the law, and it will notify the Client of the reason for the suspension.
Where the Works require a permit to work, an isolation of a live service or a temporary shutdown of a system, the Client will arrange the permit or authorise the shutdown in good time. Any delay caused by a missing permit or an unauthorised service will be treated as a Client caused delay.
8. Programme And Timeframes
Any programme or completion date stated by the Company is an indication given in good faith. Dates depend on access, material lead times, approvals from authorities, the performance of other contractors and conditions that are outside the reasonable control of the Company.
Where a delay is caused by the Client, by another contractor or by a force majeure event, the programme will be extended by the period of the delay and the Company will notify the Client of the revised dates. The Company will take reasonable steps to mitigate the effect of a delay on the overall programme.
Time is not of the essence unless the parties expressly state in the Contract that a specific date is critical. Where the Client requires acceleration of the Works, the Company will advise whether acceleration is feasible and what additional cost it would involve.
9. Fees And Payment
The Client will pay the fees stated in the accepted quotation or Contract, together with any agreed variation and any applicable taxes. Unless the Contract states otherwise, the Company may invoice in stages as the Works progress, with a deposit payable before mobilisation and the balance payable on completion.
Invoices are payable within the period stated on the invoice. If no period is stated, payment is due within thirty days of the invoice date. The Company may charge interest on an overdue amount at a reasonable commercial rate from the due date until payment is received.
Where an account remains unpaid, the Company may suspend the Works or withhold a test certificate or as-built record after giving reasonable notice. The Company will not withhold a record where doing so would create a safety risk or breach a statutory duty.
The Client will reimburse the Company for any cost it reasonably incurs because of a Client caused delay, an aborted site visit or the provision of incorrect information. Such costs will be itemised and supported by evidence.
10. Variations To Works
A variation is any change to the agreed scope, design, programme or specification. A variation may arise because of a concealed condition, a change of instruction, a change in the applicable standard or a request by the Client. The Company will identify a variation as soon as it becomes apparent.
The Company will provide the Client with the cost, the programme effect and any technical consequence of a variation before carrying it out, unless an urgent safety measure requires immediate action. In an emergency the Company may act first and report the variation as soon as practicable afterward.
Work on a variation proceeds once the Client confirms it in writing. Verbal instructions may be accepted for minor items at the discretion of the Company, but they will be confirmed in writing so that the record is clear.
11. Testing And Commissioning
The Company will test and commission the Works in accordance with the agreed specification, the applicable codes of practice and the requirements of any relevant authority. Test results will be recorded and made available to the Client as part of the handover documentation.
Commissioning includes proving that the installed systems operate together, that safety interlocks function, and that measured flows, pressures, currents or temperatures fall within the design tolerance. Where a reading falls outside tolerance, the Company will investigate and correct the cause before declaring the Works complete.
The Client will provide the conditions needed for meaningful commissioning, including a stable power supply, water supply, a representative building load and access to the control system. Where commissioning cannot proceed because a required condition is absent, the Company may record the limitation and return once the condition is available.
12. Warranty And Defects
The Company warrants its workmanship for the period stated in the Contract and, where no period is stated, for twelve months from the date of completion. During that period the Company will remedy a defect in its workmanship at no charge, provided the defect is reported promptly and the affected system has been used and maintained correctly.
The warranty does not cover damage caused by misuse, by unauthorised alteration, by a failure of a utility supply, by normal wear of consumable items, or by an event such as a storm, flood or impact. Manufacturer warranties on supplied equipment are passed to the Client and are administered by the manufacturer or its agent.
Where a reported defect is found not to be covered by the warranty, the Company will explain the cause and may offer to repair it as a chargeable item. The Company will not carry out chargeable work without the prior agreement of the Client.
13. Limitation Of Liability
Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, or liability for fraud. Subject to that, the Company limits its liability as set out in this clause.
The Company is not liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of business opportunity or loss of data, whether the claim arises in contract, in tort or otherwise. The Company is also not liable for a loss that was not reasonably foreseeable when the Contract was formed.
The total liability of the Company under or in connection with a Contract is limited to the total fee paid or payable to the Company for the Works under that Contract, unless a different limit is agreed in writing. This limit does not apply where the law forbids a limitation.
14. Indemnity
The Client will indemnify the Company against any loss, claim or cost that the Company reasonably incurs as a result of the Client providing incorrect information, failing to obtain a required consent, or breaching its responsibilities under these terms.
The Company will indemnify the Client against direct loss or damage to the Client tangible property caused by the negligence of the Company in performing the Works. This indemnity is subject to the limitation of liability set out above.
A party seeking an indemnity will notify the other party promptly, will provide reasonable information about the claim, and will take reasonable steps to reduce the loss. Neither party will settle a claim in a way that admits liability on the part of the other without that party agreement.
15. Intellectual Property
All content on this website, including text, layout, graphics and code, is owned by the Company or used with permission. You may view and print the content for your own reference, but you may not copy, republish, sell or distribute it for a commercial purpose without written permission from the Company.
Drawings, calculations, specifications and reports prepared by the Company for a project remain the intellectual property of the Company. The Client receives a licence to use those documents for the operation, maintenance and alteration of the relevant building, but the licence does not extend to reproducing them for another project.
The Company may retain a copy of its project documents for its records, for quality assurance, for insurance and for any legal purpose. Confidential information belonging to the Client will be handled in accordance with the confidentiality clause.
16. Confidentiality
Each party will keep confidential any non public information that it receives from the other in connection with the Works. Confidential information includes commercial terms, building layouts, system designs, maintenance records and any material marked or described as confidential.
A party may disclose confidential information where the law requires it, where a professional adviser needs it to provide advice, or where the other party has given written consent. A party making a permitted disclosure will limit the disclosure to what is necessary and will ask the recipient to keep the information confidential.
The confidentiality obligation continues for a reasonable period after the Works are completed. It does not apply to information that is already public, that was lawfully known before disclosure, or that is independently developed without reference to the confidential material.
17. Force Majeure
Neither party is liable for a failure or delay in performing an obligation where the failure or delay is caused by an event beyond its reasonable control. Such events include severe weather, typhoon, flood, fire, epidemic, industrial action, a utility failure, a government restriction or an inability to obtain essential materials through no fault of the party.
The affected party will notify the other promptly and will take reasonable steps to reduce the effect of the event. If the event continues for a prolonged period, the parties will discuss whether to adjust the programme, vary the Works or end the Contract on fair terms.
Where a force majeure event prevents performance for an extended period, either party may end the affected part of the Contract by written notice. The Client will pay for work properly performed and for commitments reasonably made up to the date of termination.
18. Termination
Either party may end a Contract if the other party commits a material breach and fails to remedy it within a reasonable period after written notice. Either party may also end the Contract immediately if the other becomes insolvent, enters liquidation, or ceases to carry on business.
The Client may end the Contract for convenience by written notice, in which case the Client will pay for work performed, for materials ordered and for any reasonable demobilisation cost. The Company may end the Contract if the Site becomes unsafe, if a required permit is withheld, or if payment is not made when due after notice.
Ending the Contract does not remove a right or obligation that already arose, including the obligation to pay for work carried out and the duty to keep confidential information confidential. Clauses that by their nature should survive termination will continue to apply.
19. Governing Law And Disputes
These terms and any Contract formed under them are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the Hong Kong courts, unless the parties agree in writing to resolve a dispute by arbitration or mediation.
If a dispute arises, the parties will first try to resolve it through good faith discussion between their authorised representatives. If discussion does not resolve the matter within a reasonable period, either party may refer it to mediation before commencing legal proceedings.
Nothing in this clause prevents a party from applying for urgent relief, such as an injunction, where that step is necessary to protect a legal right or to prevent harm. Each party will bear its own costs of a dispute unless a court or tribunal orders otherwise.
20. Changes To These Terms
The Company may update these terms from time to time to reflect changes in its services, its systems or the law. The current version is the one published on this website, and the reference details at the top of the page identify the document version.
A change applies to a Contract only to the extent that the law allows, and a change does not alter the terms of a Contract already formed unless the parties agree in writing. Where a change is material, the Company will take reasonable steps to bring it to the attention of clients.
Continued use of the website after an update indicates that you have read the revised terms. If you do not accept a revision, you should stop using the website and raise the matter with the Company before further work proceeds.
21. Contact Information
Questions about these terms, requests for clarification and formal notices should be sent to YL E&M Engineering Co., Limited using the details below. Notices relating to a live project should also be copied to the project contact named in the Contract.
Company: YL E&M Engineering Co., Limited
Address: Rm 2414 24/F TWR 1 TAK FUNG INDL CTR, 168 TEXACO RD, Tsuen Wan, Hong Kong (HK)
Email: careers@ylengineering.lol
Phone: +17857824448
A notice is treated as received on the next Business Day after it is sent by email, or three Business Days after it is posted, provided it is sent to the correct address. The parties may agree a different method of notice in a signed Contract.