Customer and ABC Computer Solutions, Inc. understand and agree that this maintenance agreement includes the terms and conditions set forth on the reverse side of this document.
Authorized Customer Signature ________________________________Title __________________ Date_____________
Customer Name (type or print) __________________________________________
Maintenance Agreement Terms and Conditions The term “General Office Equipment” in this agreement applies to Computers, Printers, Computer Peripheral Equipment or other Business equipment that is listed on the first page of this document. Customer’s signature found on the first page of this Agreement signifies acceptance to these Terms and Conditions. These items will be referred to hereafter as Equipment.
For the purpose of maintaining the Equipment covered by this agreement in good operating condition within manufacturer’s specifications. ABC Computer Solutions (ABC) agrees to perform maintenance in accordance to the following terms and conditions.
This Agreement covers all routine, remedial and preventive maintenance service.
Emergency service calls will be performed at no extra charge providing a) the request for such calls are made during normal business hours, and b) the situation is actually an emergency. If the circumstance is not an emergency situation, the overtime charges at ABC’ current overtime rate will be charged. Normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
ABC shall have no obligation to perform any work hereunder if the Customer has any charges, which have not been paid within their terms.
Consumable supplies are not considered under this Agreement. Consumable supplies are toner cartridges, printer drums, printer ribbons, computer floppy and optical disks, printer ink cartridges, paper, etc.
Electrical work external to the equipment and equipment line cord is not covered under this Agreement.
Certain equipment must be installed according to specific requirements in terms of space, electrical and environment conditions. Installation requirements are defined in the Equipment Operator’s Manual. Customer shall ensure that the equipment is placed in an are that conforms to these requirements, and is not altered or serviced by other than ABC personnel.
The Operator’s Manual for each model of equipment defines specific operator responsibilities. Performance of normal operator functions as described in the Operator’s Manual are not included in the Agreement and are subject to additional charges.
ABC Field or Systems Engineers do not carry or deliver consumable supplies. It is the Customer’s responsibility to purchase and have the necessary supplies available for the Engineer’s use.
Unless cancelled herein provided, this Agreement shall automatically renewfor successive termsof twelve months at ABC’s rates in effect at the time of applicable renewal. Notice of cancellation must be given 30 days prior to the expiration of the term then in effect. Notwithstanding the foregoing, ABC may cancel this Agreement, in whole or in part, at any time upon 7 days written notice. Any refund due as a result of said cancellation may be applied to any past due invoices. If Customer cancels the Agreement, no refund shall be due by ABC.
If any supplies are used other than those recommended by the manufacturer of the subject equipment or those provided by the ABC Supplies Department or any other service representative other than those employed by ABC are used to service the equipment, then ABC may at its option either cancel this Maintenance Agreement or elect not to service any of this equipment.
ABC shall have no obligation to service equipment that requires service due to accident, abuse, misuse, theft, neglect, acts of third parties, fire, water, casualty, or any other natural force. Any loss or damage occurring from any of the foregoing is specifically excluded from this Agreement.
In the event that any equipment is moved from the location set forth on the first page of this agreement hereof, then at ABC’s option, the Agreement pertaining to the moved equipment may be terminated and/or may be subject to additional charge.
This agreement is not assignable or transferable by the Customer. It may be assigned by ABC without consent of the Customer.
Reconditioning: When in ABC’s opinion a shop reconditioning is necessary, because of normal repairs and parts replacement cannot keep a unit in satisfactory operating condition, ABC will submit a cost estimate of needed repairs which will be in addition to maintenance charges. If the Customer does not authorize such work, ABC may at its option either cancel this Maintenance Agreement or elect not to service any equipment.
Invoices pursuant to this Agreement will be tendered at the outset of each term. All charges for service and parts hereunder and all maintenance charges shall be payable by the Customer immediately upon receipt of invoice.
ABC WILL NOT BE RESPONSIBLE FOR ANY PARTS OR LABOR REQUIRED TO REPAIR DAMAGE TO EQUIPMENT CAUSED BY ELECTRICAL SURGE.
ABC WILL NOT BE RESPONSIBLE FOR REPLACING OR PAYING FOR REPLACEMENTS OF ANY DATA, MEMORY, OR INFORMATION WHICH IS LOST, ALTERED, OR DAMAGED WHILE STORED IN EQUIPMENT.
THIS AGREEMENT DOES NOT COVER SERVICE NECESSITATED BY MALFUNCTIONING SOFTWARE.
ABC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES SUSTAINED WHICH ARE OUT OF ITS CONTROL, FURTHERMORE, ABC’S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO ABC FOR ONE TERM OF THIS MAINTENANCE AGREEMENT.
Right to Hire: Customer acknowledges and agrees that ABC’s employees are its most valuable assets and that it has made significant investment in hiring, training and employment. Customer agrees that it will not attempt to hire ABC’s employees while performing service under this agreement and for up to two years thereafter. Further, if Customer does successfully hire such employees it will pay ABC 2 (two) times the annual salary and benefits being compensated to that employee as a penalty..
