1 GENERAL CONDITIONS
This Service and Maintenance Agreement subject to the terms and conditions set out below. Castle Labelling (or it's appointed agents herein after referred to as CL) undertakes to provide maintenance services which shall include the supply and fitting of all parts free of charge (Except MAINTENANCE EXCLUSIONS below) necessary for the efficient working of the equipment which is the subject of the Agreement.
2 SCHEDULE OF CONTRACT
Attached to this Service and Maintenance Agreement are one or more Schedules of Contract here within are detailed the level of cover and the equipment or software to which that cover applies.
3 REPAIR SERVICE
Service will be provided during the hours 9am to 5pm Monday to Friday excluding Statutory Public Holidays. Service outside these normal working hours will be subject to CL's out of hours' engineering charges and conditions. In the event of a fault report the level of service will be provided as stated in the Schedule of Contract for the equipment with which it relates.
4 SOFTWARE SUPPORT SERVICE
Telephone Software Support will be provided during the hours 9am to 5pm Monday to Friday excluding Statutory Public Holidays. Only software stated in the Schedule of Contract will be supported.
5 BACK TO BASE OR MANUFACTURERS WARRANTY
Where equipment is returned under Back to Base or Manufactures Warranty, the timescale for the repair and return to the Agreement Holder can not be guaranteed.
6 DURATION
On acceptance of this agreement it shall be effective on the day it is executed by CL and it shall be effective for the period stated on the Contract Schedule from the date on which maintenance service on the installed equipment commences. Thereafter it shall remain in force, until either party terminates it by giving the other party written notice, 1 month or the Notice Period specified on the Contract Schedule, prior to the renewal date, whichever is the greatest. A renewal notice will be issued approximately 1 month prior to the notice period of the Service and Maintenance Agreement.
7 CHARGES
The service and maintenance charge is due and payable yearly in advance, commencing on the date that the maintenance service begins and will be in force until the same date in the following calendar year. Subsequent annual charges will be made according to the annual maintenance price list at that time. If the equipment is used regularly by more than one shift of personnel, it is up to the Agreement Holder to provide extra training in the correct use of the equipment covered by the Schedule of Contract. CL reserves the right to review the maintenance charges, if service is required due to lack of training and not a fault of the equipment covered by the Schedule of Contract.
If payment for services covered by this agreement are delayed the agreement becomes NULL AND VOID.
8 ADDITIONAL CHARGES
CL reserves the right to charge for on site support where an engineer has been called and no fault has been found with the equipment under contract, or where the fault was found to be user damage.
The charge for service under this agreement assumes that the equipment will be immediately available and accessible upon arrival of the engineer for service or maintenance (as applicable) to be carried out. Otherwise, waiting time will be charged extra at the current hourly rate.
CL will use it's best endeavours to make appointment for service or maintenance visits at times convenient to the customer. If the customer cancels or postpones an agreed visit and gives less than one clear working days notice, then CL has the right to charge for the wasted time of the personnel concerned at the current hourly rate.
Where equipment is to be returned under Back to Base or Manufactures Warranty, charges for carriage will be borne by the agreement Holder at the standard rate. An order number would be required to proceed under this type of warranty.
9 LOCATION
Should the location of the equipment change, it is the Agreement Holder's responsibility to notify CL and so ensure continuity of maintenance. No rebate will be allowed for incomplete maintenance due to equipment location changes, and any location changes may require an alteration of maintenance charges. If equipment is relocated without CL's consent the agreement for that equipment will become NULL & VOID
10 PRE-Contract INSPECTION
Prior to acceptance of any Service and Maintenance Agreement requested for equipment already installed and outside the Manufacturers warranty, a visit to site will be required to inspect this equipment for compliance to original functional specification. Costs for this visit and any work required to return the equipment to its functional specification will be charged in addition to and separate from this agreement.
11 FORCE MAJEURE
CL shall not be liable for any failure to supply or any delay in supplying the maintenance or the repair thereafter if such failure or delay arises from any reason beyond the control of CL such as (But not by way of limitations) shortage of spare parts, fuel or energy, internal or external labour disputes, riot, storm, flood or fire.
12 HEALTH AND SAFETY
The user (or his employee) shall accompany CL (or it's appointed agents) personnel whilst entering and leaving user's premises for the purpose of this agreement. The user shall take all reasonable precautions to ensure the health and safety of CL personnel whilst on user's premises including ensuring the presence of the user or his employee in the room where the equipment is situated with CL personnel during maintenance visits.
1 TERMINATION
CL may terminate the agreement immediately by notice in writing in the event of the Agreement Holder committing an act of Bankruptcy or on the service by any creditor of the Agreement Holder or by Agreement Holder commencing proceedings to wind up or upon breach by the Agreement Holder of any provision of this agreement.
2 LIMITATIONS OF LIABILITY
CL shall not be responsible or liable for failure to perform its obligations contained herein for reasons such as Acts of God, Acts of Government, Strikes or Labour disputes, failure of transportation or any other causes beyond CL's reasonable control. CL shall not be liable under any circumstances for any incidental or consequential loss or damage whatsoever.
The Laws of England shall govern the validity of this agreement.
3 SPECIAL PRODUCT REQUIREMENTS
3.1 Datamax Printers
Datamax Print Heads are covered by a 1,000,000 linear inch or 90 Day (whichever occurs first) warranty from date of purchase. If a print head fails within this period a replacement unit will be installed into the unit at a cost to the Agreement Holder. The faulty print head will be returned to the manufacturer and if it is found that the unit is faulty a credit will be issued to the warranty holder. An order number would be required to proceed with a head warranty claim.
3.2 Zebra Printers
Rechargeable Batteries - Original Equipment batteries will be replaced without charge for six months from shipment, after such period charges for replacement of rechargeable batteries will be borne by the Service Agreement Holder.
3.3 Datalogic Fixed Position Scanners
Within the Service Agreement one visit for preventative maintenance will take place during the period of the Schedule of Contract. These will be agreed as and when the visits fall due.
This agreement does not cover service and parts required by accident, negligence or misuse of the equipment, except where such service or parts are required through CL's negligence or misuse. An accident deemed to include (but is not limited by) riot, storm, flood, fire and lightning discharges. The agreement does not cover equipment which has been modified without CL's approval. It also does not include operating supplies, accessories or devices not identified on the Schedule of Contract. Unless specifically included, this contract does not include software maintenance. Consequently, CL reserves the right to make appropriate charges where faults are found to be caused either by software malfunctions or by the effect of non - contract hardware items.
4.1 Standard Exclusions for Printers
Unless otherwise specified in the schedule this agreement does not cover:
All consumables, print media and service relating thereto.
Manufacturer defined maintenance kits.
Any options not supplied as standard with the subject equipment.
Band printer print bands.
Thermal printer print heads, platens and installation thereof.
Laser printer consumables as defined by the manufacturer and fuser units
Dot matrix print heads.
Inkjet print heads.
4.2 Laser Light Source
Within 12 months of purchase fixed position scanners Laser Light Source is covered manufactures warranty. After this period any repairs required to the laser light source will be charged to the Agreement Holder.
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