Hardware Maintenance Terms and Conditions
The Terms and Conditions detailed herewith refer to the Maintenance Agreement detailed as attached between “Euro Business Solutions Ltd.” (Hereafter referred to as EBS Ltd) and the Subscriber referred to as “The Subscriber.”
1. This agreement shall remain in force for the minimum period detailed in the maintenance schedule and shall remain in effect from period to period thereafter unless terminated by either parties giving the other not less than ninety days notice of termination prior to the anniversary of the commencement as detailed in the attached schedule.
2. Any works requested under this maintenance agreement will only be performed if they are requested during the period of the agreement. Under no circumstances can work be carried out under this maintenance agreement after expiry of the agreement, even if the subscriber claims that the fault developed during the period of the agreement.
1. EBS Ltd reserve the right to assign or sub-contract this agreement either in whole or in part thereof to any competent person, firm or company.
1. The schedule details the location of the equipment, and EBS Ltd will only cover maintenance to this location. Wherein this agreement is for on-site repair, EBS Ltd reserve the right to remove any item from the subscribers location for repair at any of EBS Ltd’s or it’s sub contractors locations.
1. The subscriber will pay to EBS Ltd the standing charge for the maintenance agreement as detailed in the attached schedule, prior to commencement of the agreement.
2. The standing charge shall be fixed throughout the period of the contract, in the event of a new equipment being added then an additional charge shall be applied for this equipment at, in the event of equipment being removed from cover then the charge shall be reduced accordingly at the next renewal date.
3. All charges are exclusive of VAT and any other Government Taxes in force at the time of supply. These will be charged at the prevailing rate.
4. The Standing Charge will be due for payment in full, on or before the anniversary of the agreement, and the Subscriber shall not be entitled to withhold any payment or exercise any set off, lien or any other right or claim against this payment.
5. EBS Ltd reserves the right to suspend services to the Subscriber in the event of late or short payment.
6. EBS reserve the right to charge interest on late payments calculated at 4% above the prevailing base rate of the Bank of England.
1. The attached Equipment Schedule must refer to equipment being in full working order to the satisfaction of EBS Ltd. on commencement of the agreement.
2. The Subscriber shall notify EBS Ltd promptly of any fault in the equipment and shall if necessary supply details in writing or by fax.
3. EBS Ltd will endeavor to arrange for an engineer to call at the location, as detailed within the response time detailed in the agreement. EBS Ltd will not be liable to arrange for an engineer to call outwith the hours of 09:00 to 17:00 Monday to Thursday, 09:00 to 16:00 Friday or on any Bank, Local or Public Holidays.
4. EBS Ltd reserves the right to charge for any costs or expenses incurred where repairs are necessary due to faults or as a result of the use of ancillary equipment, electrical or telephone supplies, or where the repair is due to improper or negligent use of the equipment, or where there is a fault not arising as a direct result of a defect in the equipment, or where the equipment is incorrectly reported as being faulty, or for call outs due to software related problems unless the relevant software is stated as covered under an EBS Ltd Software Maintenance Agreement.
5. The subscriber shall ensure that any engineer dispatched by EBS Ltd. shall have unrestricted access to the faulty equipment and any attached peripherals. Where an engineer has to clear a workspace, any time involved in creating the clear workspace may be charged to the Subscriber.
6. The Subscriber shall remove any papers, stationery and non-connected materials from the vicinity of the repair prior to the arrival of EBS Ltd’s engineer.
7. EBS Ltd. reserves the right to examine or test any equipment detailed in the attached schedule at any time during the period of this agreement to assess its continued eligibility for cover.
6. Modifications, Alterations and Operation of Equipment
1. The Subscriber shall not allow any equipment covered by the attached schedule to be modified, adjusted, maintained or repaired by any person other than EBS Ltd’s, or it’s agent’s engineers.
2. This agreement can be amended to include additional equipment and locations at additional cost.
3. Where an existing or new office has additional equipment installed that is not supplied by EBS, the subscriber shall notify EBS Immediately of the additions.
4. The Subscriber shall ensure that the equipment is operated in accordance with the manufacturer’s instructions, EBS Ltd shall not be liable for any repair due to negligent or mis-use of the equipment by the Subscriber or any other party.
5. Any work whatsoever which EBS Ltd. carries out at the request of the Subscriber, its Staff or agents which is not covered by this agreement shall be charged at EBS Ltd’s standard repair rates and the cost of any expenses or materials incurred will be charged to the Subscriber. Where there is an additional charge as detailed above, the Subscriber shall pay the charge within thirty days of EBS Ltd. submitting it’s invoice for the work.
6. The Subscriber shall ensure that the equipment is not moved from the location detailed without written confirmation from EBS Ltd.
7. Operating Materials and Consumables
1. The subscriber shall be responsible for all operating materials such as ribbons, paper, and portable storage materials such as floppy disks and magnetic tapes.
2. The maintenance agreement excludes the replacement of consumables and items which may be deemed as having a limited life, such as print heads, print drums, ribbons, toner cartridges, developer cartridges, fuser units, batteries, cathode ray tubes, LCD displays, Plasma Displays, bulbs, mice.
1. The Subscriber shall arrange and maintain adequate insurance covering loss and/or damage to the equipment whether the equipment is in the possession of the Subscriber or has been removed as in clause 4 to another location by EBS Ltd.
2. EBS Ltd. shall be under no liability for any injury, loss or damage whatsoever to any equipment or persons, or incurred by the Subscribers or any third party, or as a result of, or in conjunction with, the operation of the equipment, or the performance of any maintenance, repair or any other service.
3. In no circumstances can EBS Ltd be held responsible for any loss or damage to any software or data held on the Subscribers equipment, and any repairs or maintenance carried out shall not include the restoration of any data, software or peripherals except the basic stand alone operating system required to test the equipment.
1. EBS Ltd. may without prejudice to any other rights, terminate this agreement by notice if the subscribers fail to pay any sum due within the specified period, or the Subscribers becomes insolvent, bankrupt, in liquidation, in the hands of a receiver or makes any other arrangement with its creditors out with the terms of normal trading.
2. The agreement may be terminated by either party giving at least ninety days written notice prior to the anniversary of the date of commencement detailed. Where the agreement is not terminated it will be deemed to be in contract for another term as detailed in the duration of the agreement. EBS Ltd. will advise the Subscriber of charges due for the forthcoming term in advance.
3. Should the Subscriber terminate this agreement/contract then any outstanding balances due for the full period will become due.
1. Without prejudice to any other method, notice, invoices and renewals may be served by a first class pre-paid letter post envelope addressed to the address of the equipment owners as detailed in the attached schedule, any notices etc. will be deemed to have been served on the Subscriber on the second day after posting by EBS Ltd.
1. This agreement supersedes and cancels all previous agreements for the same equipment or Subscriber.
1. This and all other agreements are governed by the Laws of Scotland and any action resulting from a breach in this agreement will be held in a Scottish Court closest to EBS Ltd’s place of business.