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Terms Of Service

Last updated: March 17, 2023

 

1. Governing Terms

  1. The subscription service known as “Autohaus Car Rental Subscriptions” is provided by Autohaus Car Rental Sdn Bhd. These Terms and Conditions, the Vehicle Hire Agreement, the Vehicle Hire Contract Details, all Vehicle Delivery / Return Note (VDRN) Reports and checklists constitute the agreement with the Subscriber (Agreement) which creates binding and enforceable legal obligations between Autohaus Car Rental and the Subscriber.

  2. The Malaysian Consumer Law may confer rights that are not affected by the Agreement and no clause in the Agreement excludes, restricts or modifies any implied terms, guarantees or rights under that law or any other similar Federal, State or Territory legislation.
     

2. Agreement

  1. The Vehicle is either owned by Autohaus Car Rental or by a third party and Autohaus Car Rental is permitted to provide the Vehicle to the Subscriber.
  2. Autohaus Car Rental will provide the Vehicle to the Subscriber under the terms of the Agreement.

  3. Autohaus Car Rental will make the Vehicle available to the Subscriber for the Subscription Period. On expiry of the Subscription Period, the Subscriber will be obliged to immediately return the Vehicle to Autohaus Car Rental.

  4. Autohaus Car Rental agrees to provide the Vehicle to the Subscriber for the Subscription Period at the contract rate and for the fees as set out in the Agreement.
     

3. Subscriber Eligibility and Obligations​

  1. Only the named Subscriber or an approved Additional Driver may drive the Vehicle.
  2. You declare and warrant that you and any Additional Driver:​​

    • is no less than 21 years of age;
    • hold a full Malaysian driver’s licence class D (which for the avoidance of doubt excludes provisional, probationary and learners licences or permits);

    • has not incurred any speeding fines in the last twelve (12) months;

    • has not been the subject of bankruptcy proceedings in the last 7 years;

    • has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years;

    • has not been convicted of an alcohol or drug related traffic offence or had a driver’s licence suspended or cancelled in the last 5 years; and

    • does not suffer from any physical or mental condition or impairment that may interfere with the ability to control and drive the Vehicle.

    • You agree to notify Autohaus Car Rental immediately if the driver’s licence of the Subscriber or any Additional Driver is suspended or revoked during the Subscription Period for any reason.
       

4. Conditions of Use​

  1. The Vehicle may only be used for what it was designed for.

  2. The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the Police or any other Government authority has issued a warning or caution.

  3. You must ensure that the Vehicle is not used:

    • for an illegal purpose;

    • to carry dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

    • in a race or contest;

    • for towing, unless the Vehicle is fitted with an approved tow bar;

    • when it is damaged or unsafe;

    • for any purpose, other than catered for by its design and or as prescribed in the Vehicle manual;

    • to carry a greater load than that for which it was built and or as prescribed in its manual;

    • when under the influence of alcohol or drugs or a preliminary breath test or drug impairment assessment is refused;

    • to carry animals, except household pets and assistance animals; or

    • to carry more persons than may be properly accommodated by the seat belt restraints.

  4. You must ensure that the Vehicle is not:

    • sublet or re-hired to any third party;

    • sold or disposed of (whether in whole or in part) and you must ensure that no person is given (purported or otherwise) any legal rights over the Vehicle; or

    • modified in any way irrespective of whether the modifications are permanent or reversible.

  5. You must ensure that the Vehicle is driven in a safe manner and in compliance with all road rules. You acknowledge that reports of unsafe driving of the Vehicle may result in the Agreement being terminated and the Vehicle being repossessed by Autohaus Car Rental.

  6. You must not smoke or allow smoking at any time in the Vehicle.

  7. You must only use fuel prescribed for the Vehicle in the Vehicle manual.

  8. You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect fuel grade or type.
     

5. Maintenance, Security and Safety

  1. You must:

    • maintain the Vehicle in the condition in which it was received and keep it secure at all times;

    • keep the Vehicle locked and the keys under your personal control when not in use;

    • take reasonable care of the Vehicle and do all things necessary to keep and maintain the Vehicle in its state and condition as at the commencement of the Subscription Period, Fair Wear and Tear excepted;

    • maintain all of the Vehicle’s engine oils, brake fluids and engine coolant levels to the manufacturer’s specifications as prescribed in the Vehicle manual;

    • immediately report to Autohaus Car Rental any functional, maintenance and or servicing issues relating to the Vehicle of which you have become aware;

    • ensure that the Vehicle’s tyre pressures are maintained at the manufacturer’s recommended pressure as prescribed in the Vehicle manual;

    • make the Vehicle available for periodic servicing as and when the service intervals fall due. If a service falls due, the Subscriber must deliver or notify Autohaus Car Rental for the Vehicle to be brought to the Nominated Service Location. Failure to comply with the service request is a Serious Breach entitling Autohaus Car Rental to terminate the Agreement immediately and, in addition, will result in the Subscriber being liable for mechanical damage caused to the Vehicle due to a missed scheduled service, or RM5,000.00 for each missed service, whichever is greater.

  2. ensure that the Vehicle is used in compliance with any applicable seat belt and child restraint laws.
     

6. Additional Driver

  1. An Additional Driver may only drive the Vehicle if that person is approved in writing by Autohaus Car Rental. An Additional Driver is bound by the Agreement as if they were the Subscriber.
     

7. Accident Damage, Breakdown and Repair

  1. You must notify Autohaus Car Rental immediately if:

    • a warning light or fault message appears;

    • you become aware of low engine or brake oils, engine coolant levels or tyre pressures;

    • you become aware of any loss or damage to the Vehicle (or loss involving the Vehicle);

    • You become aware of any summons, Complaint, Court Document or Paper in relation to any loss or damage related to the Vehicle or use of the Vehicle.

  2. If the Vehicle develops any fault during the Subscription Period, the Vehicle must not be used unless Autohaus Car Rental has given written authority to the Subscriber do so. If Autohaus Car Rental is not notified and the Vehicle continues to be used, the Subscriber and any Authorised Driver will be responsible for any resulting Damage or third-party loss.

  3. You must not:

    • arrange to have the Vehicle moved unless Autohaus Car Rental has authorised you to do so; or

    • arrange or undertake any repair or salvage of the Vehicle without our authority unless necessary to prevent further damage.

  4. Autohaus Car Rental will not reimburse you for the cost of repair, Vehicle moving, salvage, towing or transport costs unless we have specifically authorised such action and expenditure and you must be able to produce such receipts and other information or documents as we may require.

  5. In the event of a collision in which the Vehicle is damaged, if the other party leaves the accident scene without exchanging names and addresses or appears to be affected by alcohol or drugs, you must immediately report the accident and damage to the police.

  6. In the event of a breakdown, a 24-hour breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side or as provided in the Subscribers Guide Book. In the case of an emergency and our consent cannot reasonably be obtained, repairs may be completed.
     

8. Subscription Commencement / Handover

  1. The Vehicle is to be delivered to the Subscriber at the Delivery Location for a one-off delivery fee in the amount set out in the Subscription Agreement. It is the Subscriber’s obligation to ensure that the Delivery Location allows the Subscriber to undertake a comprehensive visual inspection of the Vehicle.

  2. The Subscriber must be available to receive the Vehicle at the agreed time at the Delivery Location. If the Subscriber is not in attendance at the agreed time at the Delivery Location, the Subscription Period will remain unaltered and an attempted delivery fee equal to the amount of the delivery fee will be incurred.

  3. At the handover of the Vehicle to the Subscriber:

    • the Subscriber must inspect the digital photographs of the Vehicle taken by the Autohaus Car Rental representative to confirm that they accurately show the internal and external condition of the Vehicle; and

    • the Autohaus Car Rental representative and Subscriber must complete and sign the Vehicle Delivery / Return Note (VDRN) report.

  4. If at the time of handover the Subscriber fails to sign the Vehicle Delivery / Return Note (VDRN) report, the Subscriber forfeits the right to dispute any claim for Damage allegedly caused during the Subscription Period.
     

9. Vehicle Return

  1. A Vehicle inspection will be carried out at the end of the Subscription Period. You are responsible for any new Damage to the Vehicle identified upon inspection.

  2. At the end of the Subscription Period you must arrange to have the Vehicle collected, at the Designated Collection Location and no later than the pre-arranged date and time. A collection fee of RM300.00 will apply.

  3. On return, the Vehicle must be clean and tidy and in the same condition it was in on commencement of the Subscription Period, Fair Wear and Tear excepted.

  4. The Vehicle must have a full tank of fuel or a full battery charge upon collection.

  5. We may require the immediate return of, or may repossess, the Vehicle without notice at any time if we reasonably believe you have committed a Serious Breach. If you have committed a Serious Breach, you must pay the cost of any repossession, outstanding Subscription Charges, Additional Charges or other reasonable charges.

  6. You must return the Vehicle with all of its original parts, components and accessories. You are liable for the replacement cost of any missing part, components and accessories including, but not limited to, any SD card, Vehicle key, tools including any Vehicle jacking equipment, spare tyres, telematics and roof racks.

  7. If the Vehicle is not made available at the time and date and at the Designated Collection Location, the Vehicle may immediately be reported as stolen and may be repossessed or deregistered.
     

10. Your Liability and Cover for Loss and Damage

  1. In the event of Vehicle loss or damage you will be liable for the lesser of the cost of the loss or damage or a damage liability charge of RM10,000. Your liability under this clause 10.1 may be reduced to RM4,000.00 upon incurring a daily excess reduction fee in the amount set out in the Subscription Agreement.

  2. Notwithstanding clause 10.1 you are liable for:

    • the loss of, and all damage to, the Vehicle including the cost of repair to the Vehicle, and its replacement cost as a result of it being written off following an accident or not recovered as a result of its theft;

    • the loss of or damage to any other property belonging to us, you or a third party;

    • investigation, appraisal and assessment fees;

    • the cost of towing, recovering and storing the Vehicle; and

    • all damage to your property or the property of any person which is caused or contributed to by you or which arises from the use of the Vehicle whilst in your care under the Agreement.

    • When you or any Additional Driver acts dishonestly or fraudulently;

    • the loss or damage resulted from deliberate, dangerous or reckless conduct;

    • the loss or damage to the Vehicle or to third party property was caused or contributed to by a Serious Breach;

    • you or any Additional Driver leaves the scene of an accident before exchanging details with all involved parties;

    • you or any Additional Driver fails to report an accident to the police or us immediately;

    • any matter, risk or loss is excluded from cover under any current motor vehicle insurance policy you hold;

    • the Vehicle has been involved in two or more incidents resulting in loss or damage;

    • the driver is under the influence of drugs or with a blood alcohol content that exceeds the legal limit in the state, territory or country in which the Vehicle is driven;

    • before entering the Agreement, you failed to answer all questions truthfully, accurately and completely, or tell us any information that you knew or should reasonably have known, that would be relevant to our decision to hire a Vehicle to you;

    • theft or attempted theft occurs when the ignition keys were left in the Vehicle, or near the Vehicle whilst it was unattended by you;

    • there is any tyre, windscreen, headlight, roof or underbody damage; or

    • there is any water damage caused by the immersion of the Vehicle.

  3. If you lock the keys in the Vehicle or misplace or lose the keys or other part or accessory to the Vehicle you must reimburse us the cost of recovering or replacing and or recoding them.

  4. The Subscriber has no cover for:

    • damage to property belonging to, or in the custody of, the Subscriber, or any relative or friend of the Subscriber who ordinarily resides with the Subscriber;

    • any claim for loss of use or enjoyment of the Vehicle or any indirect, special or consequential damages arising in any way out of any matter covered by the Agreement; or

    • theft of personal belongings from the Vehicle.

  5. The Subscriber uses the Vehicle at the Subscriber’s own risk. Autohaus Car Rental accepts no responsibility or liability to the Subscriber, any passenger or third party for any loss (including consequential loss) damage, costs, expenses, damages or any other liabilities resulting from any accident, breakdown or any other failure of the Vehicle.

  6. No personal accident cover is provided by the Agreement. The Subscriber’s liability for causing personal injuries from use of the Vehicle is covered by the statutory schemes for transport accident compensation in each State and Territory of Malaysia (subject to the conditions and limitations of those schemes).

  7. If there is damage to the Vehicle from hail, flood, fire, storm, cyclone or other natural disasters, the Subscriber must pay the excess as detailed in clause 10.1.
     

11. Financial Obligations / Payment of Charges

  1. The Subscriber agrees to pay Autohaus Car Rental all applicable membership, ongoing, late, processing, overdue service, cleaning, unauthorised driver, wrong petrol and loss fees and costs incurred on the Subscriber’s account in relation to the Vehicle (Subscription Charges).

  2. Your initial membership fee will be charged to you upon approval by Autohaus Car Rental of your Application.

  3. The Subscriber’s credit or debit card will be automatically charged for Subscription Charges incurred every Payment Period. All Subscription Charges paid are non-refundable.

  4. The Subscriber is required to pay all Subscription Charges incurred (including those incurred by Additional Drivers) when due.

  5. The Subscriber will be billed for amounts due via credit or debit card or other means as established by Autohaus Car Rental. Any Subscriber account which is past due will be suspended. If payment of any amount due is rejected by the credit or debit card provided by the Subscriber, the Subscriber’s use of the Vehicle may be suspended. The Subscriber is responsible for providing and maintaining current credit card or debit card information on file with Autohaus Car Rental. Issues with credit or debit card billings may result in termination of the Subscriber’s account. Under no circumstances will Autohaus Car Rental be responsible for any overdraft or other fees charged by the Subscriber’s credit card company or bank. In addition, Autohaus Car Rental may utilise third parties to collect amounts owed to Autohaus Car Rental by the Subscriber and the Subscriber will also be responsible for any collection or similar fees associated with these collection activities.

  6. The Subscription Charges include the following:

    • One-Time Membership Fee: If we approve your Application, your credit or debit card or bank account will be automatically charged a one-time non-refundable membership fee in the amount set out in the Subscription Agreement at the time of such approval.

    • Ongoing Subscription Fee: If we approve your Application, your credit or debit card or bank account will be automatically charged an amount for administrative and setup fees at the time of such approval, which we will return (less any outstanding amount you owe us) should the Subscription is cancelled, unapproved or withdrawn within 14 days of vehicle collection date. Your account will be automatically charged the ongoing subscription fee in advance at the start of each Payment Period.

    • Refuelling/Recharging Fee: If your Vehicle is returned without a full fuel tank or fully charged battery, the Subscriber agrees to pay to replace the shortfall in fuel/charging plus a RM100.00 administration fee.

    • Road Toll Fee: Any toll charges incurred when you have possession of or are responsible for the Vehicle will be charged to your account and an additional processing fee of RM100.00 will apply.

    • Traffic and Parking Fee: If there is any traffic or parking charges (including each fine, penalty or traffic infringement notice) incurred when you have possession of or are responsible for the Vehicle, we will nominate you as the responsible party and we will charge an additional processing fee of RM500.00 to your account.

    • Detailing Fee: Smoking is not permitted in the Vehicle under any circumstances. This includes smoking devices of any kind, including electronic cigarettes, pipes, or any other smoking apparatus. If, upon the return of a Vehicle, we determine that someone has been smoking in the Vehicle while the Vehicle was in your possession, or that it needs a deep cleaning, the Subscriber will be charged a RM3,500.00 detailing fee.

    • Cleaning Fee: If the Vehicle is returned and requires further cleaning, the Subscriber will be charged a RM500.00 cleaning fee.

    • Late Payment Fee: RM30 per failed payment attempt.

    • Overdue or Missed Service Fee: If a scheduled interval service is not attended by the Subscriber, a missed service fee of RM5,000.00 will apply. This fee will apply when the Vehicle speedometer exceeds 1500km above the required service kilometres or four weeks after the missed service, whichever is sooner.

  7. You authorise us to charge all moneys overdue and payable by you to us under the Agreement to your credit card or charge account, including any Additional Charges.

  8. We will take reasonable steps to notify you of any Additional Charges (including without limitation, charges for unpaid traffic or parking infringements, tolls, costs of repairs and cleaning, etc.) before this amount is debited to your card or account. Such Additional Charges will be levied no later than 30 days after the end of the Subscription Period, or no more than 30 days after we receive notice of those charges, whichever is the later.

  9. If the Subscriber is required to pay Autohaus Car Rental any amount under the Agreement:

    • that amount must be paid to Autohaus Car Rental on or before the due date; and

    • interest on any overdue amounts accrues daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5.0%) per calendar month (and at Autohaus Car Rental’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
       

12. Tolls, Traffic and Parking Fines and Infringements

  1. The Subscriber must make suitable arrangements for the payment of tolls, fines, fees and infringements that may be incurred during the Subscription Period in relation to which the Subscriber remains in possession of, or is responsible for, the Vehicle.

  2. The Subscriber must notify Autohaus Car Rental in writing as soon as the Subscriber becomes aware that a fine, penalty, traffic infringement or toll has been incurred.

  3. Upon receipt of a fine, penalty, traffic infringement or toll notice, Autohaus Car Rental will complete the required documentation to absolve themselves from liability and nominate the Subscriber as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within 7 days of receipt of the notice.

  4. In the event that the Subscriber challenges any fine, penalty, infringement or toll notice, the Subscriber does so at his or her own expense.

  5. Traffic and parking fines and infringements are processed through applicable local, state and national notifying authorities.

  6. You agree that you may be liable for all costs and fees if any of the information that you have provided is false.
     

13. Autohaus Car Rental Liability

  1. You may have consumer rights conferred by the Malaysian Consumer Law and neither this clause nor any other provision of the Agreement excludes, restricts or modifies any implied terms, guarantees or rights you may have under those laws or any other Federal, State or Territory legislation.

  2. You release and indemnify us against any claim for loss or damage to any property stolen from the Vehicle or otherwise lost or damaged during the Subscription Period or left in the Vehicle after its return to us.
     

14. Claims and Proceedings

  1. Where the use of the Vehicle by you or any person while in your care results in an accident, claim or dispute, or where damage or loss is sustained to the Vehicle or any third-party property or if the Vehicle is stolen, you must:

    • accurately complete any forms and statements or provide any information or assistance we require of you;

    • not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability to any person;

    • permit and equip us or our insurers to bring, defend, enforce or settle any claim or legal proceedings against a third party;

    • permit and equip us to claim in your name under any applicable insurance or against any third party; and

    • forward to us any claims or correspondence from any third party forthwith upon receipt.
       

15. Serious Breach of These Terms and Conditions of Use

  1. We may terminate the Agreement at any time if you commit a Serious Breach.

  2. In the event we terminate the Agreement because of your Serious Breach, you must pay:

    1. all costs to replace or rectify the Vehicle to the same condition it was in on commencement of the Subscription Period, Fair Wear and Tear excepted; and

    2. all reasonable costs for towing, storage and recovery of the Vehicle.

  3. You will be entitled to terminate the Agreement at any time if Autohaus Car Rental commits a Serious Breach.

  4. If the Subscription Agreement is terminated pursuant to this clause Autohaus Car Rental may immediately repossess the Vehicle from the Subscriber.

  5. Autohaus Car Rental may immediately repossess the Vehicle without notice to the Subscriber if:

    1. the Subscriber has illegally parked the vehicle for longer than 24 hours;

    2. the Vehicle is apparently abandoned;

    3. payments are in arrears and are not received within 24 hours of the due date; or

    4. the Vehicle has not been returned to Autohaus Car Rental at the time and date as specified in the Agreement.
       

16. Applicable Law

  1. The Agreement is governed by the laws of the state or territory within Malaysia in which the Vehicle was hired. You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between you and us.
     

17. Termination

  1. The Agreement may only be terminated in accordance with this clause or another clause of the Agreement.

  2. Autohaus Car Rental may terminate the Agreement at any time before the commencement of the Subscription Period if the Vehicle is unavailable as a result of unforeseen circumstance, such as it having been involved in a prior accident.

  3. Autohaus Car Rental or the Subscriber may terminate the Agreement at any time after the minimum subscriptiong period set out (if any) in the Subscription Agreement by providing no less than 14 days’ notice in writing.
     

18. Dispute Resolution

  1. If you wish to dispute a charge or otherwise make a claim against Autohaus Car Rental under or in connection with the Agreement, you agree to first notify us in writing of the nature of the dispute or claim and provide us with such particulars and evidence as we reasonably require.

  2. You agree to meet with Autohaus Car Rental to discuss and negotiate your dispute or claim in good faith, within twenty (20) working days of notice of your complaint or claim.
     

19. Privacy Statement and Consent

  1. Purposes for Collecting Personal Information

    • Autohaus Car Rental may, and you authorise us to, collect, use and disclose your Personal Information (including any contained in your Application and the Agreement) for the purposes set out in this clause 19.

    • We collect, use and disclose your Personal Information in order to provide you with the Vehicle under the Agreement.

    • We may collect, use and disclose your Personal Information in connection with the Agreement for the following purposes:

      1. to assess and process your Application;

      2. to assess your credit worthiness (whether before or after we approve your Application), including to disclose your Personal Information (including if you default under any payment obligations under the Agreement) to a credit reporting body (as that term is defined in the Personal Data Protection Act (PDPA) 2010) to obtain a consumer credit report;

      3. to manage our relationship with you (whether online or in person);

      4. to comply with legislative or regulatory requirements;

      5. to identify you; and

      6. for any internal processes including claims assessments, product development, strategic planning, risk management and pricing.

    • We may also collect, use and disclose your Personal Information (unless you tell us not to) to contact you to discuss other products that may be of interest to you or the company you represent.

    • You acknowledge that if you do not provide us with your Personal Information, we may be unable to provide you with our services, or deal with any insurer on your behalf.

    • You acknowledge that we may install telematics devices or similar into the Vehicle that may track the location of the Vehicle and you consent to such installation and tracking.

  2. Providing Information About Another Person
    When you give us Personal Information about another person you:

    • represent that you are authorised to do so; and

    • agree to inform the person that we have collected their Personal Information as part of this Agreement and of the contents of this clause 19.​

  3. Persons With Whom Personal Information is Disclosed

    • We may disclose the Agreement or your Personal Information with any relevant insurer(s) in order to facilitate a claim on your behalf for any damage to the Vehicle.

    • We may also disclose your Personal Information to:

      1. our related bodies corporate, agents, contractors, service providers or external advisers;

      2. any other persons related to the accident (including the police);

      3. insurers, reinsurers, loss adjusters, assessors and underwriters;

      4. any organisation responsible for the processing of traffic or parking related infringements or road tolls, to the extent that these fees apply to the Vehicle;

      5. investigators;

      6. any person we consider necessary to execute your instructions;

      7. any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under the Agreement;

      8. law enforcement, regulatory and government bodies as permitted or required by law in, Malaysia or overseas; and

      9. overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time.

  4. You acknowledge that if you consent to disclosure of Personal Information to overseas recipients in clause 19.3, we will not be accountable under the Personal Data Protection Act (PDPA) 2010 for any misuse, interference or loss or unauthorised access, modification or disclosure of the Personal Information by that overseas recipient.

  5. Your Rights

    • You have the right to:

      1. request access and corrections to your Personal Information that we hold; and

      2. make a complaint about the way in which we manage your Personal Information.

    • Our Privacy Policy sets out how to make an access request or complaint, and how such requests or complaints are handled. Our Privacy Policy can be found at www.autohauscarrental.com/privacypolicy or can be requested in hard copy.

    • To gain access to, seek correction of, or to complain about the handling of the Personal Information that we hold about you contact us at:

      1. Autohaus Car Rental Car Rental Sdn bhd. Level 1, Wisma Cergaz, Lot 45182 Off Jalan Damansara, 60000 Kuala Lumpur

      2. or by email to support@autohauscarrental.com
         

20. Waiver

  1. A right or entitlement under the Agreement can only be waived expressly in writing.

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