Terms and Conditions
1. Maintenance Provided
The maintenance cover provided comprises:
a) Equipment inspection if considered necessary by Maximum maintenance (UK) Ltd.
b) The repair or correction of any fault or defect in the equipment providing the fault has arisen due to normal operating use and/or fair wear and tear of the equipment. The repair will be carried out by making system adjustments or by the supply and installation of replacement parts where necessary.
2. Location of Maintenance
Maintenance of work will normally be carried out atthe users premises during Maximum maintenance (UK) Ltd normal working hours or at our workshop at our discretion. Normal working hours are Monday to Friday 0800-1730 hrs. Excluding Bank Holidays.
3. Additional Work and Modifications
All adjustments, repairs, replacements and work other than that provided for in clause 1 will be charged at Maximum Maintenance (UK) Ltd rates applicable at the time the work is undertaken. Maximum Maintenance (UK) Ltd will quote separately for any medications/additions or overhauls requested by the customer.
4. Replacement Parts
Where a replacement part is fitted to the equipment, the removed part becomes the property of Maximum maintenance (UK) Ltd.
5. Users Responsibilities
The User is responsible for ensuring:
a) Only materials or supplies approved by Maximum maintenance (UK) Ltd are used
b) No alterations, repairs, maintenance or adjustments are made to the equipment except by Maximum Maintenance (UK) Ltd, or persons authorised by
Maximum Maintenance (UK) Ltd. If this condition is not observed then Maximum Maintenance (UK) Ltd may either terminate the agreement without liability or restore the equipment at the cost and expense of the user
c) Access to the users premises, availability of the equipment and provision of such facilities and equipment as Maximum Maintenance (UK) Ltd, may
reasonably require to carry out its obligations without delay or hindrance.
d) Maximum Maintenance (UK) Ltd is notified in writing that equipment is removed to a new location. the maintenance charges may be increased if
Maximum Maintenance (UK) Ltd has no suitable engineering facilities within 50 miles radial distance from the new location.
e) That no connection of other apparatus or alteration of such other apparatus connected to the relevant system is made except by Maximum
Maintenance (UK) Ltd or some other person agreed to by Maximum maintenance. Or by such other person after the expiry of fourteen days written
notice to Maximum Maintenance (UK) Ltd. Such notice to include details of the other person concerned and the work to be undertaken.
6. Network Charges
The user shall pay for all call charges made by the provider of the network arising from installation, commissioning and/or use of the equipment.
7. Exclusions
a) Any requests for service which are caused by faulty cable or attachment of other equipment b) Any damage caused by lightning strike
8. Indemnities
The user shall indemnify Maximum Maintenance (UK) Ltd against all actions. proceedings and claims brought or made against Maximum Maintenance (UK) Ltd by the provider of the network arising from the use of the equipment. network configuration or systems supplied by others or any factors outside Maximum Maintenance (UK) Ltd reasonable control.
9. Payment Terms
a) The first Invoice for maintenance will be at the rate current at the date of delivery Thereafter maintenance will be invoiced on the anniversary of this date annually in advance at the rate prevailing at the date of invoice.
b) If operating costs increase maintenance charges may be increased at any time by giving the user not less than thirty days notice in writing of such
Increase.
c) All invoices shall be settled within 30 days of the invoice date.
d) Maximum Maintenance (UK) Ltd may charge interest on all overdue sums on a monthly basis at the rate of Lloyds TSB rate plus 4% until payment is
made. All such interest is payable on demand.
e) All charges are exclusive of VAT which will be added at the rate relevant at the time of invoicing.
10. Termination
a) If the user ceases to use the equipment or disposes of it to a third party the user must give Maximum Maintenance (UK) Ltd three months notice in
writing of the intention to terminate the agreement.
b) Maximum Maintenance (UK) Ltd may cease to provide maintenance, or at its option terminate this agreement in the event that the user is in breech of any of its obligations hereunder or if the user is in default in respect of any payment (whether or not such payment is due under this agreement). Maintenance (UK) Ltd may be renewed at the discretion of maximum Maintenance provided all monies due to Maximum Maintenance (UK) Ltd are paid In full.
11. Period of the Agreement
This agreement shall be for a minimum period of one year from the date of this agreement and thereafter annually unless one party gives the other 3 months written notice of termination before the anniversary of the Agreement (such termination to be without prejudice to all rights accrued prior thereto) or as provided in clause 10b.
12. Renewal of Liability
a) Maximum Maintenance (UK) Ltd shall take every precaution not to damage any property or persons. Maximum Maintenance (UK) Ltd shall satisfy all
claims founded on such damage which arise from any operation under this agreement. Nothing in this section shall render Maximum Maintenance (UK)
Ltd liable for any injury or damage resulting from any negligent act or omission of the user his servants or agents.
b) Notwithstanding any1hing else contained within this agreement Maximum Maintenance (UK) Ltd shall not be liable to the user for loss of profits or
contracts or any other consequential loss whatsoever.
14. Force Majeure
Either party shall be relieved from liability under this agreement if they are unable to carry out any or all of their obligations within this agreement caused beyond reasonable control including but not limited to industrial disputes, wars, insurrection, government controls and restrictions and/or the unavailability of parts.
15. Assignment
This agreement may not be assigned without prior written permission of Maximum Maintenance (UK) Ltd, which shall not be unreasonably withheld.
16. Law
This agreement shall be construed and operated as an English contract and in conformity with English law and shall be subject to the Jurisdiction of the English courts.