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Annual Maintenance Contract for Service and Hardware

Annual Service Maintenance Agreement

The Service Maintenance Contract Agreement dated ………………………………………………is drawn between:

Customer

The Company

 

(Address)

Phone:

Phone:

Fax:

Fax:

Email:

Email:

Web:

Web:

Whereas: -

a. The Customer: is in possession of the equipment that requires maintenance services.

b. (Company): Warrants The Customer that it has the necessary skilled personnel and expertise for providing the maintenance service of the said equipment.

c. Both partied have entered into an agreement whereby The Company will undertake to provide the maintenance service of the said equipment on the terms and conditions stipulated under this agreement.

Terms and Conditions:

1.0 DEFINITIONS: In these conditions, the following meanings shall apply.

1.1 THE CUSTOMER: Shall mean the person or Company specified in the agreement rendering services from The Company.

1.2 THE COMPANY: Shall mean (name of company), or the company that has agreed to maintain and service the said hardware/software or its assignees.

1.3 THE EQUIPMENT: Shall mean the items of equipment specified and covered in the agreement.

1.4 THE EQUIPMENT SITE: Shall mean both parties in writing may agree the location specified in the agreement or such other location as.

1.5 MAINTENANCE SERVICE CALL: Remedial maintenance of the equipment in order to maintain the equipment in satisfactory operating condition in accordance with the manufacture’s specification.

1.6 PREVENTIVE MAINTENANCE: Shall mean scheduled activities of general cleaning, checkup and minor adjustments on operating equipment. It is not necessary for The Company to sent out site engineers in order to carry this our but can be performed remotely.

1.7 WORKING DAY: Shall mean the official working hours specified in the agreement, during which maintenance services shall be available on each day.

1.8 RESPONSE TIME: Shall mean the time from receiving and responding to a call for remedial maintenance.

1.9 REPAIR TIME: Shall mean acceptable time required for solving the reported problem from time of arrival at the equipment site.

1.10 MAINTENANCE CHARGE: Shall mean the charge for maintenance service during the Working Day specified in the Agreement.

1.11 HOURLY RATE: Shall mean the then current rate charged by The Company, for maintenance service outside the terms of the Agreement.

1.12 ADDITIONAL TO CONTRACT: Shall mean any item of equipment notified to The Company subsequent to the inception of the Agreement as requiring maintenance service.

Annual Maintenance Contract for Service and Hardware

Annual Maintenance Contract for Service and Hardware

1.13

STANDARD SERVICE: Shall mean exclusive contractual maintenance service on hardware as per Equipment List.

1.14

COMPREHENSIVE SERVICE: Shall mean contractual maintenance services on installed software as per List attached.

2.0

GENERAL:

2.1

Not withstanding anything to the contrary in The Customer's standard conditions or elsewhere, these conditions shall not be varied unless expressly agreed in writing and signed by an authorized person of The Company. No other staff or agent of The Company is authorized to vary the conditions here in contained orally or to make representations or promises about the maintenance service provided.

2.2

To the extent permitted by law, no term, warranty condition or other stipulation expressed or implied statutory or otherwise shall apply to the Agreement unless it is expressly contained in or incorporated into these conditions.

2.3

If law does not permit any provision of these Conditions, then such provision shall be considered as omitted to that extent only.

2.4

The Customer shall not assign or otherwise transfer any right or obligation under the agreement without the prior written consent of The Company.

3.0

PERIOD OF AGREEMENT:

3.1

The agreement shall remain in force for 12 months from the date of signing of this agreement (contract) and shall be renewed thereafter for a period of one year, unless terminated by either party giving written notice by registered post or via email to the other at least 30 days before the date of renewal.

3.2

Should The Company exercise its rights under 3.1 of the agreement, The Customer will be entitled to a rebate of any advance payments made in respect of the remaining period of the agreement.

3.3

Not withstanding clause 7.4 of the agreement, if repeatedly The Company fails to perform its obligation under the agreement, The Customer shall have the right to terminate the agreement by serving on The Company at least 30 days notice in writing and detailing the reasons for such termination.

3.4

Should The Customer exercise its rights under 3.3 of the agreement, The Customer will be entitled to a rebate of any advance payments made in respect of the remaining period of the agreement.

4.0

THE COMPANY WARRANTS:

4.1

THE COMPANY warrant equipment ONLY that was purchased from The Company and from the date it was handed over to The Customer (installed).

4.2

Relative to the Comprehensive Service, THE COMPANY warrants the software explicitly mentioned in the agreement is in optimum operational status at the date of the agreement. In cases of re- installation of any of the software mentioned in the agreement The Customer shall provide the original software including the documentation if required (ONLY APPLICABLE TO LICENSED SOFTWARE OWNED BY THE CUSTOMER).

5.0

SERVICES:

5.1

THE COMPANY will respond to Maintenance Service Calls by sending an engineer if required after all necessary online trouble-shooting calls fail to restore service to the Equipment Site within the response time specified in the agreement, provided that such calls are made to THE COMPANY at the response center telephone number specified in the agreement.

Annual Maintenance Contract for Service and Hardware

Annual Maintenance Contract for Service and Hardware

5.2

The Customer is entitled to maximum of three (3) maintenance service calls (site visits) per month per site. Any additional calls shall be chargeable at the then standard service rates.

5.3

THE COMPANY shall provide two (2) pre-scheduled Preventive Maintenance services remotely or site visits per annum. Preventive Maintenance of the equipment will carried out as specified under the agreement.

5.4

Should it be necessary for the Equipment to be removed from the Equipment Site to provide the remedial maintenance, THE COMPANY will be liable for all costs incurred in its removal and return, and will insure the equipment whilst it is away from the equipment location.

5.5

THE COMPANY will maintain a record of all maintenance work undertaken within the agreement. Such records will include as a minimum, a log number for each service request made. The log will record the date and time of the request, the work done, the date and time the work was completed, details of any parts replaced the name of the engineer and the length of time taken to perform the work.

5.6

The response time to Equipment Site shall be within 3 hours from the initial call.

6.0

CUSTOMER’S OBLIGATIONS: The Customer shall:

6.1

Maintain a suitable environment and electrical supply for the equipment that complies with the specifications given by the manufacturer(s) and keep all external surfaces of the equipment clean and in good condition.

6.2

Operate the equipment in a proper manner, and always under the supervision of trained and competent personnel.

6.3

Not make any additions to, modifications of or adjustments to the equipment (including the installed systems software) without a written notice to THE COMPANY.

6.4

Should The Customer perform such functions specified in 6.3, THE COMPANY reserves the right to consider re-evaluating the treated equipment for the contractual warranty.

6.5

Should the modifications be performed as per 6.3, thus completely changing the equipment’s configuration and subsequently its basic behavior, such modification shall automatically void the equipment’s contractual warranty. THE COMPANY would issue a new warranty for such equipment.

6.6

Provide sufficient working space and access for inspection and maintenance of the equipment at no charge to THE COMPANY.

6.7

Co-operate fully with THE COMPANY staff in the diagnosis for any malfunction of the equipment.

6.8

Not make any offer of employment or otherwise seek to entice away from the employment of THE COMPANY any member of the THE COMPANY engineering staff. Any of THE COMPANY engineering staff cannot be employed by The Customer’s organization for period of 1 year from time of resignation or termination from THE COMPANY.

6.9

Where the Comprehensive Service is applicable:

- Maintain original copies of installed software covered in the agreement (WHERE REQUIRED).

- Maintain and make available to THE COMPANY engineers, when required standard documentation of the installed software.

6.10

Maintain suitable backup of data.

7.0

CHARGES:

7.1

THE COMPANY may increase or decrease the Maintenance Charge upon giving not less than 30 days notice in writing prior to the expiry of the initial period or at any time thereafter.

7.2

THE COMPANY would institute new maintenance charges for equipment covered in 6.5.

7.3

If maintenance service is commenced outside the period of the working day (at the request of The Customer), or for any other reason not covered by the provisions of the agreement, then The

Annual Maintenance Contract for Service and Hardware

Annual Maintenance Contract for Service and Hardware

Customer shall pay THE COMPANY at the Hourly Rate for services. The Hourly Rate will be applied to travel time as well as time spent at the Equipment Site. The Customer shall reimburse THE COMPANY for all out -of- pocket expenses incurred and costs of parts used if applicable.

7.4

The Customer shall give THE COMPANY written notice before moving any item of the equipment to a new Equipment Site. THE COMPANY reserves the right of inspection, of the equipment, at the new Equipment site within 14 days of re-location and The Customer will be invoiced for relocation charges, un-installation and re-installation charged by The Company for the work carried out.

7.5

The current standard hourly service rates for diagnostics / repairs are USD per hour. Please note that this price is subject to change without notice and is dependent upon a number of factors. Should there be any price change of this sort, we shall notify you of this change in writing, later on, the changed hourly rate shall then be applicable in case of 7.3.

7.6

For all Maintenance work to be conducted outside your region, The Customer will have to pay additional allowance of $ per day per staff. This charge is subject to variation depending upon the agreement made with The Customer if at all such situation is to arise for more than once, meaning that the outside your region location would then be a permanent location for the equipment.

7.7

The Service maintenance charges per hardware equipment shall be as follows:

 

No.

Items Description

Qty

Unit Price

Total Price

USD

USD

Total Cost for 1-Year Service Maintenance Agreement

   

VAT ( 18% ) Chargeable

   

GRAND TOTAL

   

8.0

TERMS OF PAYMENT:

8.1

The maintenance charges as per the agreement have to be paid 100% in Advance

8.2

Where any Maintenance service is provided which is not covered by the provisions of the agreement The Customer shall pay immediately on presentation of an invoice for the additional charges.

9.0

PARTS:

9.1

The cost of any replacement parts and any associated costs for transporting replacement parts to the maintenance site shall be born by The Customer unless the equipment manufacturer warrants such parts through a supplier and the time for the warranty has not elapsed.

9.2

Replaced parts covered by the manufacturer’s warranty for Tanzania, for which THE COMPANY has dealership agreement with the manufacturers, the replaced parts shall remain the exclusive property of THE COMPANY relative to this agreement.

9.3

THE COMPANY shall at its option repair or replace (on an exchange basis) any parts of the equipment that become unserviceable in normal use. Replacement parts shall become part of the equipment and those parts that have been replaced shall become the property of THE COMPANY.

10.0

EXCLUSIONS: This maintenance service does not include:

10.1

Maintenance of accessories, attachments, machine or any other items not included in the equipment specified in the agreement.

Annual Maintenance Contract for Service and Hardware

Annual Maintenance Contract for Service and Hardware

10.2

Electrical work external to the equipment, making modifications or specification changes to the equipment, performing services connected with relocation of the equipment, adding, removing accessories, attachments or other devices.

10.3

Provision of supplies or accessories, including (but not limited to) cartridge disc, floppy discs, magnetic tapes, printer ribbons and any item defined as "consumable" by the manufacturer.

10.4

Installing/rectifying

software

and

restoring

of

data,

unless

the

agreement

includes

the

Comprehensive Service.

 

10.5

Maintenance of equipment or software items not specified in the agreement nor notified to THE COMPANY as an addition to the contract.

11.0

LIMITATION OF LIABILITY:

 

11.1

The liability of THE COMPANY in respect of any breach of the agreement or any default act or mission of THE COMPANY, its servants, agents or sub-contractors in relation to the subject matter of the agreement and for which THE COMPANY is legally liable to The Customer shall be limited to damages.

11.2

THE COMPANY shall not be liable for any consequential loss or damage however caused, including [but not limited to] liability for business interruption or loss of profits.

12.0

FORCE MAJEURE:

12.1

Neither party shall be liable to the other for any delay, loss of business, damage or injury. This can/may be caused by Acts of God, strikes, lockouts, civil commotion, riots .war, fire, explosions, sabotage, storm, floods, earthquake, fog, subsidence or requisition of labor or materials for state purposes or any other cause beyond their control.

13.0

NOTICES:

13.1

Either party to the contract may give any notice to the other party by posting a letter, addressed to the other party as its registered office (if any) or last known relevant place of business, and sent by registered post or official email. Any notice so sent shall be deemed to have been properly and effectively delivered, upon the expiration of 48 hours after it shall have been posted.

14.0

LAW:

14.1

This contract shall be constructed in accordance with Your country Law and the parties hereby submit to the exclusive jurisdiction of the Your country Courts.

15.0

EQUIPMENT:

15.1

The Customer will have to furnish the List of equipment (hardware and/or software) that shall be covered under this maintenance contract: This list should be initialed by both parties and should be attached with the contract. The list should be in the format as below:

No.

Equipment

 

Additional

 

Model No.

Serial / License No.

 

Condition

Accessories

 

1

           

2

           

3

           

4

           

Annual Maintenance Contract for Service and Hardware

Annual Maintenance Contract for Service and Hardware

16.0 WORKING HOURS:

16.1 Our official working hours are 8:30am to 5:30pm on Monday to Friday and 9:00am to 1:00pm on Saturday.

16.2 THE COMPANY shall respond to all calls made to numbers listed below during office hours.

General Tel / Fax Nos. Mobiles:

THE COMPANY shall only respond to calls if made by authorized personnel whose names and contact details have to be mentioned by The Customer here below.

Name:

Telephone Number:

1.

2.

17.0 ACCEPTANCE OF CONTRACT:

The Customer acknowledges that he/she has read and understood this contract and agrees to be bound by its terms and further agrees that this is the complete and exclusive settlement between the two parties. This exclusive settlement therefore supercedes all proposal oral or written and all other communications and prior agreements between the parties relating to the subject matter of this agreement. The terms of this agreement may not be amended, modified or rescinded except by a written instrument signed by both parties.

For The Company

For the Customer

Name:

Name:

…………….……………………………………

…………….……………………………………

Designation:

Designation:

…………….……………………………………

…………….……………………………………

Signature:

Signature:

…………….……………………………………

…………….……………………………………

Date:

Date:

…………….……………………………………

…………….……………………………………

Official Company Stamp:

Official Company Stamp:

Annual Maintenance Contract for Service and Hardware