Terms and Conditions of Contract
Maintenance Service Contract
Revised: 5th November 2010
1. DesignJet Solutions Limited (DSL) will, for the duration of the contract (term), keep the equipment described overleaf in operating condition, and will, during the term supply replacement parts for the equipment required as a result of normal use, provided such parts are available in the UK or elsewhere. Where parts are not available from the original manufacture or supplier, DSL will use its best endeavours to obtain substitute parts of equivalent quality and performance, either new or previously used. Preventative maintenance will be provided in accordance with the manufacturer’s recommendations or as indicated overleaf. For laser devices, PM’s are as required or as indicated by the usage counter and may incur an additional charge. Additional preventative maintenance visits at customer’s request will be provided on receipt of a purchase order for the agreed additional sum.
1a. DSL shall not be required to supply replacement parts for the equipment, nor provide the labour to repair or replace such parts, when occasioned by (a) fire, water, act of war or violence or other circumstances beyond the control of either party; (b) negligence or misuse by the customer or his agent, (c) services rendered by other than qualified personnel; (d) relocation of the equipment, except where the relocation is under the direct control of DSL or its appointed agents.
1b. Notwithstanding 1a, DSL shall, if the customer requires, supply labour and parts requiring replacement in the circumstances of 1a on normal trade terms.
2. Remedial maintenance will be provided as soon as possible after notification that the equipment is inoperative. The contracted response time is 8 hours from 9am-5pm, which is followed by an 8-hour fix response time, 9am-5pm. Calls received by 9am will normally be attended the same day, calls received after 9am will normally be attended by 9am the following day, weekends and public holidays excluded. Service can be provided at weekends, during public holidays and where the equipment is located other than in mainland England or Wales on request at extra cost.
3. The annual rate applies to the 12-month period following the contract effective date. The contract term is initially 12 months or as indicated overleaf, from the contract effective date. 12 month contracts paid in full may, if renewed after the initial 12 month period, be cancelled at any time by either party giving 3 months notice to the other, repayment of monies paid for the period between the cancellation date and the end of the contract period will be made by DSL pro-rata in full. At least 30 days before the anniversary of the contract effective date. DSL will advise the customer of the proposed charge for the following year. Contracts for periods of less than 12 months are payable in full prior to the contract effective date. The contract remains in force as long as payments are made and accepted.
4. The serial numbers of the equipment covered by this contract are as stated overleaf.
5. Invoices raised in connection with this contract are due for payment in full within 15 days from date of invoice. Failure to pay outstanding invoices within 15 days of receipt renders the contract liable to cancellation at DSL’s discretion; no further service will be provided until payment is received and accepted.
6. The equipment shall remain at the risk of the customer whosesoever it may be situated.
7. Use of Toners, paper, and other consumables not provided by DSL and not to the manufacturers specifications shall be at the customers risk – this specifically includes the use of non-specification Labels and any label sheet re-fed into the printer. The repair of any damage caused by the use of such materials shall not be included within the terms of this contract.
7a. In such occasions where the reported fault is caused by a consumable item being faulty this will not be covered by the contract and the replacement of such will be the responsibility of the customer. If in the course of an engineering visit by DSL and the cause of the problem is deemed to be a consumable item there will be no charge for this on site visit.
8. The customer shall at all times be responsible for the daily care and maintenance of the equipment as outlined in the appropriate section of the operation manual for the equipment. As part of the correct operation on some models a”Perform printer maintenance or Perform user maintenance” message will appear on the printers. This is not covered by this contract and is subject to an additional charge. Maintenance kits can be supplied and fitted by DSL as required. Repairs and/or replacements required as a result of failure to perform such routine tasks will be excluded from the terms of this contract.
9. DSL may, at their discretion, first inspect the equipment and, where necessary, perform repairs and/or make replacements to bring the equipment to an acceptable operating condition. The inspection shall be chargeable, prices to be discussed at time of enquiry.
10. DSL shall not be liable to the customer or to any third party for direct, indirect or consequential loss or damage to data equipment or other property or for loss of profit, business, revenue, goodwill or anticipated savings. In no circumstances shall DSL’s liability for loss or damage exceed the replacement cost of the equipment howsoever caused and irrespective of the number of claims made.
10a. Notwithstanding clause 10 above, DSL will make good, at its own expense, any damage to any item of equipment caused by accident or the negligence of its engineers whilst working on said equipment, restoring it, where possible, to as-was condition prior to said work being done.
11. These terms and conditions supersede all previous terms and conditions– 5th November 2010.
12. All goods shall remain the property of DSL untill paid for in full. Late payment will be put out to and external collection agency. This may result in aditional charges being incurred.
13. All contracts should be paid for within 30 days of invoice. Failure to do so may result in the contract being suspended.
14. Special Conditions – None.