Terms & Conditions – Service Sales
TERMS OF AGREEMENT
This contract shall commence on the date stated on the day the purchase order is raised until one year after that date.
Repairs and maintenance will be carried out during normal Element hours, 8.30am-5.00pm, Monday to Friday with the exception of Public Holidays. Deviations from these hours can be discussed and agreed on the spot with the Element engineer. Service provided outside the normal working hours specifically requested by the purchaser will carry an additional charge.
Element shall make all efforts to ensure a 48hr response, but shall not be liable for delay or failure in performance, however caused.
Place of Business:
Work will be carried out on the customer’s premises, unless in the opinion of Element’s engineer, the work will be best affected at Element’s premises.
The customer agrees that the Element engineer shall have full and free access to the equipment, and the necessary time to complete his work.
The customer premises and the condition of the equipment contained therein, must comply with the Health and Safety at Work Act and any other special regulations application to the particular type of establishment.
Any specific faults or irregularities in the equipment must be notified to Element before a visit so that the engineer can ensure that he carries with him any additional parts which he believes necessary. If failure to notify Element of faults results in a wasted visit, any additional visit may be charged for, once the required parts are available. Request for repairs under this contract must be made by someone with authority to make such a request.
Responsibility of Element:
For the charged listed herein, Element shall maintain the equipment in good operating condition, furnish a full breakdown service during normal working hours and will always be responsive to the maintenance needs of the purchaser, subject to the conditions stated herein. In furtherance thereof Element shall:
- Provide one Preventative Maintenance visit plus per year. Preventive maintenance may be scheduled and/or performed during the normal working hours. Such preventive maintenance may be schedules and/or performed concurrently with remedial services.
- Where contracted to do so, will provide unlimited labour for the repair of instrumentation during the period of the agreement. This shall consist of Element personnel taking those actions, which in their opinion, are necessary to ensure proper equipment function.
- Where contracted to do so, will provide all replacement parts for the repair of instrumentation during the period of the agreement. This shall consist of Element personnel, at their sole discretion, replacing or repairing items as necessary to ensure proper equipment function. All consumable items are excluded.
- Limit its maintenance support services to the equipment covered hereby and shall provide its service contingent upon the proper use of the equipment. Equipment modified without Element approval, or which has been subjected to unusual physical or electrical stress is not covered by this contract.
- Normal daily maintenance, such as replacement of septa, ferrules and other similar items, is the responsibility of the customer alone.
- Only new standard parts or parts of equal quality shall be provided unless otherwise agreed.
Charges for Maintenance and Repairs:
The charges made for maintenance and repairs include the following:
- Annual preventative maintenance – all labour, travel time, accommodation and travel costs as well as the supply of all materials excepting user replaceable, consumable items.
- Charges for preventative maintenance service provided outside of the normal working hours specified herein, shall be at the then prevailing Element standard labour rates. Element neither guarantees nor implies the availability outside normal working hours.
- Breakdown visits – all labour, travel time, costs and overnight accommodation. User replaceable, consumable items are not included.
The charges set forth in this contract are the charges in effect on the date of this contract. These charges are subject to change by Element at any time after the initial terms of this contract, upon thirty (30) days prior written notice.
Charges for maintenance and repairs are due and payable in advance beginning on the commencement date of this contract as stated on page 1 hereof. Payment is due on receipt of invoice.
All charges are exclusive of VAT and other taxes which will be added to all invoices at the appropriate rate.
All written notices (described herein) required to be given by either party to the other under this contract, shall be addressed to Element and addressed as either party from time to time may have designated by written notice to the other. Such notice shall be deemed to have been given on the date such notice has been mailed to the other party.
Services under this agreement will be provided with the following exceptions:
- Where damage has occurred due to accident, neglect, misuse, incorrect supplies being used, wilful damage, or any force of nature or riot.
- Where unauthorised alterations have carried out, including changes to specification.
- Failure to comply with technical and environmental conditions as specified by Element.
- Where Element is prevented from carrying out the contract by customers union activities.
- This contract does not cover the restoration to normal operation of equipment which has deteriorated as a result of misuse.
Element shall in no event be liable for direct or consequential loss, damage or injury.
Element reserves the right to terminate the support agreement, in the event of breech, by the customer, of any of the conditions set out above.
If the contract is cancelled by either party, Element reserves the right to retain any payments made by the customer.
If either party shall neglect or fail to perform or observe any of its obligations hereunder, or if any assignment shall be made of its business for the benefit of creditors, or if a receiver, trustee in bankruptcy or similar an officer shall be appointed to take charge of all or part of its property, or if either party is adjudicated a bankrupt, and such condition or conditions are not remedied within twenty (20) days after written notice thereof has been given by the other party, the other party shall have the right to terminate this contract.
This contract shall be governed by the Laws of England.
The foregoing terms and conditions shall prevail notwithstanding any variation from the terms and conditions of any other conditions submitted by the Purchaser for any services furnished hereunder.
This contract supersedes all prior agreements and understanding between the parties and may not be changed or terminated orally, and no change, termination or attempted waiver or any of the provisions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.