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Service
Agreement AGREEMENT NO.
DMC BUSINESS MACHINES PLC 59 IMPERIAL WAY | CROYDON | SURREY | CR0 4RR
TEL: 020 8688 4243 | FAX: 020 8667 0328
Registered in England Number 2559122. Registered Office: 141 Wardour Street, London W1F 0UT
Schedule of Service Customer Name:
Invoice Address: Location Address (If Different):
:edoctsoP :edoctsoPTelephone No: Telephone No: Fax No: Fax No: Email Address:
MaintenancePrint Charge Equipment Location Start
MeterSerial No. Black
TonerIncluded
ColourToner
Included
PricePer
Print Yes No Yes No
Non-Print Charge Equipment (fax, print boards & annual contracts) ecirP rebmuN laireS
Volume Min Monthly Charge
Minimum Monthly Chargesfor the Equipment listed above as in the terms and conditions stated herein after
Installation Date
Agreed Monthly Colour Volume
Agreed Monthly Mono Volume
Standard colour volume charge Colour at £0.080 | Mono at £0.0080
Contracted colour volume charge 0 – 1,999 pages Colour at £0.075 | Mono at £0.0075
2,000 – 2,999 pages Colour at £0.070 | Mono at £0.00703,000 – 4,999 pages Colour at £0.065 | Mono at £0.0065
5,000+ pages Colour at £0.060 | Mono at £0.0060
This Service Agreement is between DMC Business Machines PLC (herein after called ‘We’) and the Customer named above (hereinafter called ‘You’).
We agree to supply to you and you agree to purchase maintenance and repair facilities for the Equipment listed above on a copy charge or annual charge basis as in the terms and conditions stated herein after.
clP senihcaM ssenisuB CMD fo flaheb no dengiS resU eht fo flaheb no dengiSSignature Signature
Name (Capitals) Name (Capitals)
Position Position
Date Date
DMC BUSINESS MACHINES PLC – National Service Tel: 020 8688 4243 59 IMPERIAL WAY, CROYDON, SURREY CR0 4RR
SERVICE AGREEMENT
To DMC Business Machines PLC (we) from ____________________________________________ (you)
Please install and service the Equipment as agreed in the schedule of service under the following terms:
TERMS FOR PROVIDING SERVICE
DEFINTIONS
Equipment The hardware and other items indicated in
the Schedules. Service(s) The service or various services to be
supplied to you under the Agreement, which may include maintenance, installation,
Software services, consultancy and others as indicated on the Services Schedule.
Software The computer programs incorporated into any Equipment or those that are supplied
separately by us under the Agreement.
1. PERIOD OF AGREEMENT We will provide service from either:
- The date we install the Equipment (installation date); or - The date we accept and sign this Agreement (Agreement
date). Until this Agreement is cancelled under term 7 or 14. The
Primary Period of this agreement is 60 months. At the end of the primary period, the agreement renews annually.
2. SERVICE
We will service the Equipment to prevent a fault arising or when there is a fault in the Equipment and it has been used
properly. We will provide spare parts and items that need replacing (except for items such as paper, ink sheets, toner
and consumables where applicable).
3. SERVICE NOT INCLUDED Unless agreed in writing Services do not include work needed:
1. Because you have not used, stored or handled the Equipment properly, or because you have not followed
these terms and conditions or our instructions, or those of the Equipment manufacturer.
2. On a bank or public holiday or before 9am or after 5:30pm Monday to Friday unless we agree otherwise in
writing; 3. Because you have used parts or other replaceable items
(such as toner cartridges) which are not approved by us; 4. Because you connected other fittings or accessories
which we have not approved to the Equipment; 5. Because of any disconnection and reconnection of the
Equipment, including any preparation necessary for safe
transit; 6. Because of the installation of, damage to, or modification
of the Equipment by someone else other than our representatives or because of changes required by you or
a third party. 7. Because of any malfunction or specific requirement of
any other item of Equipment or software which you have linked to our Equipment or any network to which our
Equipment is linked. 8. Because of external causes outside our control which
shall include accident, disaster or burglary. 9. To correct errors in any software not supplied by us or
because data is lost or damaged.
4. LOCATION 1. If you wish to move the Equipment to another address
you must have written permission. If the Equipment is moved this Agreement may no longer be valid. We will
move the Equipment for you for an agreed fee. 2. The property the Equipment is installed in must be
suitable and in good condition. You should provide all necessary facilities such as light, electricity, ventilation
and installation space that we ask for.
5. EQUIPMENT MAINTENANCE CHARGE For the print charge Equipment identified in the Services
Schedule we will charge you for the number of prints
registered on the meter(s) as having been made since your
last invoice.
We will charge you at the current cost per print as set out in the Services Schedule and varied by us in clause 7 subject to
a minimum monthly volume, Or £15 whichever is the greater. One unit is equal to a copy up to the size of an A4 sheet of
paper, (copies produced which are larger than A4 size will be charged as two units).
If our Service Technician cannot take the meter readings and
you do not tell us, then we will charge you for an estimated amount based on your previous readings. The difference
between the actual and estimated readings will be reconciled when we have a reading.
For the non print charge Equipment identified in the Services
Schedule you agree to pay the service charges set out in the Services Schedule in advance for the maintenance period,
which starts on the date of this Agreement or later if we have so specified. Another Equipment charge will become due on
each anniversary of the date of this Agreement or as otherwise indicated in the Services Schedule unless cancelled
under clause 14.
6. PAYMENT 1. Unless we agree a separate payment schedule with you
in writing, under this Agreement you must either pay our invoices in full by direct debit or, if payment is not made
by direct debit, you must pay our invoice in full within 30 days of the date of invoice subject to a 10% surcharge.
In either case, if you do not pay you agree that we will not be obliged to carry out any further obligations or
duties under the Agreement. 2. You acknowledge that all charges and fees stated exclude
VAT unless otherwise stated in writing. 3. If payment is not received in full when due, you agree to
pay interest on the unpaid amount at 5% more than the National Westminster Bank plc annual base rate.
7. CHARGE INCREASES
We can increase the charges set out in the schedule of service by 10% per annum. If the charge is increased by
more than 10% you can cancel this Agreement from the date
the new price is introduced.
You must give 30 days’ written notice.
8. SCHEDULE OF EQUIPMENT This Agreement covers the Equipment set out in the schedule
of service.
9. QUALITY If any spare parts or other items that we have supplied are
faulty when we delivered them you must tell us within 30 days of the item being delivered. We will then either replace
or repair it, or refund the cost of it.
10. LIABILITY 1. We will provide the Services detailed in the relevant
Schedule. Notwithstanding any other provision of this Agreement, you agree that our liability to you under the
Agreement for any one event or series of connected events (excluding claims under clause 2) shall not exceed
the amount you have paid under the Agreement in the preceding 6 months of any claim.
2. Nothing in this clause 10 is intended to restrict our liability for death or personal injury, which is caused by
our negligence, or for fraud. 3. Subject to sub-clause 1 we are liable for damage to
property, which is caused by our negligence.
DMC BUSINESS MACHINES PLC – National Service Tel: 020 8688 4243 59 IMPERIAL WAY, CROYDON, SURREY CR0 4RR
4. Unless we agree otherwise in writing all delivery and, where applicable, installation dates are estimates and we
are not liable for any loss, costs, expense, liability, or damages you or someone else suffers because we did not
meet these estimated dates. 5. We may from time to time deliver Equipment, software
or other items to you, which you obtain on lease. We may also facilitate the placing of orders between you and
third party suppliers and/or contractors. You acknowledge that we are not the agent of any leasing
company or other third parties, and that we have no liability in respect of such orders or for the acts or
omissions of any third party, including any finance or leasing company.
6. We do not represent that the operation of any Software will be uninterrupted or error free. For the avoidance of
doubt we do not represent that any specific requirements you have informed us of will continue to be met should
your operating system or network operating system alter after the date of initial installation.
7. You agree that except to the extent prohibited by law, you will not otherwise hold us liable for any other claims,
actions, costs, loss, damages or expenses whatsoever. In particular we will not be liable under any circumstances
for any loss of business or profit by you or anyone else.
11. PRINCIPAL KEY OPERATOR
You must choose at least one member of staff to be ‘key operator’.
We will train them to use the Equipment. You must make sure that there is a principal operator available to use the
Equipment.
12. ENTIRE AGREEMENT & CHANGES 1. This Agreement is the full Agreement between you and
us for the Equipment and the services we provide. These terms are the only ones that will apply and they replace
any previous Agreement for the Equipment. 2. The terms of the Agreement cannot be changed unless
the changes are put in writing and signed by a director of DMC and someone you authorise to sign the changes on
your behalf.
13. SEVERAL ITEMS This Agreement applies to each piece of Equipment
individually. If there is a dispute about some Equipment it will not affect
the Agreement for the other Equipment. The Agreement for some of the Equipment can be cancelled without affecting the
other Equipment.
14. CANCELLING THIS AGREEMENT This Agreement will be cancelled if;
- We give you at least 90 days written notice at any time, or you cancel the Agreement under term 7;
- An application is made for an administrator or receiver to manage all or part of your assets;
- You cannot pay your debts when they are due or you are declared bankrupt;
- If either you or we break this Agreement and it is not put right within 14 days of getting written notice from the
other, that the Agreement has been broken. - You don’t pay any amount you owe after you have been
given 14 days written notice. - You give us at least six months written notice that you
wish to do so, such notice to expire after the end of the agreed primary period. If however you breach this
agreement whether by early termination, failure to pay or other breach of any term, we shall at our option, have
a right to claim for reasonable losses as follows which are due with all amounts owing to date.
- Our claim for our losses would be no more than 50% of
the payments you would have made during the period of notice, based on the greater of the minimum charge and
your average monthly copy volume. Any other payments, which are due and fall during the notice period, must be
paid.
15. INSPECTION
You must let our service engineer or authorised representative into the property where the Equipment is
installed in normal working hours to inspect, repair and service the Equipment or take meter readings. We will follow
any reasonable security and health and safety rules, which may apply at your premises.
16. GENERAL TERMS
1. Reference to terms and schedules are the terms and schedules of this Agreement. The schedule of service
forms part of the Agreement. The headings of terms are only for reference and they do not affect the meaning of
the Agreement. 2. Notice that the Agreement has been broken or cancelled
must be sent by prepaid recorded delivery. Any other notices, including those of price increases should be sent
by ordinary first class post. We will send notice to the address of the property where the Equipment is installed
unless you tell us otherwise in writing. You must send all notices to our registered office. Notice will be assumed to
have been served two working days after it was posted. 3. Your rights and our rights under this Agreement will not
be affected if either of us do not enforce, or delays enforcing any of these terms.
4. You may transfer your interest in this Agreement to a
subsidiary or associated company of yours if you obtain our written permission.
5. We may wish to transfer our side of the Agreement to a subsidiary or associated company of ours. If we do so we
will inform you. 6. If you and we agree, or a court of law decides, that a
term of this Agreement is illegal, or not binding it will not effect the other terms in this Agreement. The term in
question will be changed to make it so it is binding and no longer illegal. If that is not possible we will take it out
of this Agreement. In either case the change will start on the date of our agreement or the decision.
7. We are not liable for delaying, or not carrying out any of our duties if caused by circumstances beyond our control.
Under these circumstances we can choose to cancel part or all of this Agreement or delay carrying out any part of
it. 8. You and we are independent contractors under this
Agreement who cannot act on behalf of the other party. We are not liable for any claim or demand brought about
by your activities. You agree that we will not be liable for any amount we may have to pay because of such a
claim. 9. The Agreement is governed by English law and comes
under the jurisdiction of the English Courts. 10. You agree to take all reasonable precautions to safeguard
your business including without limitation, all Software and data and to minimise potential loss or disruption,
(including without limitation taking full back ups of all your software and data at all reasonable times, including
prior to us conducting any work on your systems, implementing audit controls, working methods and data
security measures) 11. You agree to follow the applicable manufacturer’s
instructions for the Equipment. 12. You agree to ensure that those authorised to use the
Equipment are adequately trained. 13. You agree to make available to us free of charge all
information and access to any Equipment, personnel, materials, premises and other facilities and resources,
which we reasonably require to allow us to carry out our obligations.
14. You agree to comply with all applicable statutes, regulations, by-laws and third party contracts, licences
and to obtain any necessary consents or licenses.
SALES ORDER FORM
Customer Name:
Invoice Address: Location Address (If Different):
:edoctsoP :edoctsoP
Special Instructions Customers Order Number
Equipment Amount Exclusive of VAT
Total
Payment Cash Lease Rental Leasing Company
MY/OUR SIGNATURE IS MADE ON THE UNDERSTANDING THAT UPON YOUR ACCEPTANCE OF THE ORDER I/WE WILL BE BOUND TERMS SET OUT ABOVE. TRADING TERMS & CONDITIONS AVAILABLE ON REQUEST.
AUTHORISED SIGNATURE
______________________________________________
NAME _________________________________
TITLE _________________________________
COMPANY _________________________________
DATE _________________________________
SIGNED ON BEHALF OF DMC BUSINESS MACHINES PLC
__________________________________
-----------------------------------------------------------------------------------------------------------
Instruction to your Bank or Building Society to pay Direct Debits
Please fill in the whole form and return it to: DMC Business Machines Plc 59 Imperial Way, Croydon, CR0 4RR
1. Name & full address of your Bank or Building Society Branch 4. Bank or Building Society account number
To the Manager:
Bank or Building Society 5. DMC Reference Number
Address:
:edoctsoP 2. Name(s) of account holder(s)
6. Instructions to your Bank or Building Society Please pay DMC Business Machines Plc Direct Debits from the account detailed on this instruction subject to the safeguards assured by the Direct Debit Guarantee. I understand that this instruction may remain with DMC Business Machines Plc and if so, details will be passed electronically to my Bank/Building society.
3. Branch sort code (from top right corner of the cheque)
Signature(s)
Date
Originator's Identification Number 4 0 1 2 1 6