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V. Limitation of Liability
To the maximum extent permissible under local applicable law, XPENG hereby disclaims any and all indirect, incidental, special and consequential
damages arising out of or relating to the customer’s vehicle, including, but not limited to, transportation to and from a Service Center , loss of vehicle
value, loss of time, loss of income, loss of use, loss of personal or commercial property, inconvenience or aggravation, emotional distress or harm,
commercial loss (including but not limited to lost profits or earnings), towing charges, bus fares, vehicle rental, service call charges, gasoline expenses,
lodging expenses, damage to tow vehicle, and incidental charges such as telephone calls, facsimile transmissions, and mailing expenses. To the
maximum extent permissible under local applicable law, XPENG will not be liable for any direct damages in an amount that exceeds the fair market value
of the vehicle at the time of the claim.
The above limitations and exclusion will apply whether or not the customer’s claim is in contract, tort (including negligence and gross negligence), breach
of warranty or condition, misrepresentation (whether negligent for otherwise) or otherwise at law or in equity, even if XPENG has been advised of the
possibility of such damages or such damages are reasonably foreseeable.
Nothing in this Manual shall exclude, or in any way limit XPENG the liability of XPENG for death or personal injury, solely and directly caused by XPENG
negligence of XPENG or that of its employees, agents, or subcontractors (as applicable), fraud or fraudulent misrepresentation, or willful misconduct.
VI. Modifications and Waivers
No person or entity, including, but not limited to, an XPENG employee or authorized representative, can modify or waive any part of this Manual.
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