Annual Maintenance Contract for Service and Hardware

Annual Service Maintenance Agreement

The Service Maintenance Contract Agreement dated ………………………………………………is drawn between:

Customer The Company

(Address)

Phone: Phone:
Fax: Fax:
Email: Email:
Web: Web:

Whereas: -

a. The Customer: is in possession of the equipment that requires maintenance services.

b. (Company): Warrants The Customer that it has the necessary skilled personnel and expertise for
providing the maintenance service of the said equipment.

c. Both partied have entered into an agreement whereby The Company will undertake to provide
the maintenance service of the said equipment on the terms and conditions stipulated under this
agreement.

Terms and Conditions:

1.0 DEFINITIONS: In these conditions, the following meanings shall apply.

1.1 THE CUSTOMER: Shall mean the person or Company specified in the agreement rendering
services from The Company.

1.2 THE COMPANY: Shall mean (name of company), or the company that has agreed to maintain and
service the said hardware/software or its assignees.

1.3 THE EQUIPMENT: Shall mean the items of equipment specified and covered in the agreement.

1.4 THE EQUIPMENT SITE: Shall mean both parties in writing may agree the location specified in the
agreement or such other location as.

1.5 MAINTENANCE SERVICE CALL: Remedial maintenance of the equipment in order to maintain the
equipment in satisfactory operating condition in accordance with the manufacture’s specification.

1.6 PREVENTIVE MAINTENANCE: Shall mean scheduled activities of general cleaning, checkup and
minor adjustments on operating equipment. It is not necessary for The Company to sent out site
engineers in order to carry this our but can be performed remotely.

1.7 WORKING DAY: Shall mean the official working hours specified in the agreement, during which
maintenance services shall be available on each day.

1.8 RESPONSE TIME: Shall mean the time from receiving and responding to a call for remedial
maintenance.

1.9 REPAIR TIME: Shall mean acceptable time required for solving the reported problem from time of
arrival at the equipment site.

1.10 MAINTENANCE CHARGE: Shall mean the charge for maintenance service during the Working Day
specified in the Agreement.

1.11 HOURLY RATE: Shall mean the then current rate charged by The Company, for maintenance
service outside the terms of the Agreement.

1.12 ADDITIONAL TO CONTRACT: Shall mean any item of equipment notified to The Company
subsequent to the inception of the Agreement as requiring maintenance service.

Annual Maintenance Contract for Service and Hardware

 Annual Maintenance Contract for Service and Hardware

1.13 STANDARD SERVICE: Shall mean exclusive contractual maintenance service on hardware as per
Equipment List.

1.14 COMPREHENSIVE SERVICE: Shall mean contractual maintenance services on installed software as
per List attached.

2.0 GENERAL:

2.1 Not withstanding anything to the contrary in The Customer's standard conditions or elsewhere,
these conditions shall not be varied unless expressly agreed in writing and signed by an
authorized person of The Company. No other staff or agent of The Company is authorized to vary
the conditions here in contained orally or to make representations or promises about the
maintenance service provided.

2.2 To the extent permitted by law, no term, warranty condition or other stipulation expressed or
implied statutory or otherwise shall apply to the Agreement unless it is expressly contained in or
incorporated into these conditions.

2.3 If law does not permit any provision of these Conditions, then such provision shall be considered
as omitted to that extent only.

2.4 The Customer shall not assign or otherwise transfer any right or obligation under the agreement
without the prior written consent of The Company.

3.0 PERIOD OF AGREEMENT:

3.1 The agreement shall remain in force for 12 months from the date of signing of this agreement
(contract) and shall be renewed thereafter for a period of one year, unless terminated by either
party giving written notice by registered post or via email to the other at least 30 days before the
date of renewal.

3.2 Should The Company exercise its rights under 3.1 of the agreement, The Customer will be
entitled to a rebate of any advance payments made in respect of the remaining period of the
agreement.

3.3 Not withstanding clause 7.4 of the agreement, if repeatedly The Company fails to perform its
obligation under the agreement, The Customer shall have the right to terminate the agreement
by serving on The Company at least 30 days notice in writing and detailing the reasons for such
termination.

3.4 Should The Customer exercise its rights under 3.3 of the agreement, The Customer will be
entitled to a rebate of any advance payments made in respect of the remaining period of the
agreement.

4.0 THE COMPANY WARRANTS:

4.1 THE COMPANY warrant equipment ONLY that was purchased from The Company and from the
date it was handed over to The Customer (installed).

4.2 Relative to the Comprehensive Service, THE COMPANY warrants the software explicitly mentioned
in the agreement is in optimum operational status at the date of the agreement. In cases of re-
installation of any of the software mentioned in the agreement The Customer shall provide the
original software including the documentation if required (ONLY APPLICABLE TO LICENSED
SOFTWARE OWNED BY THE CUSTOMER).

5.0 SERVICES:

5.1 THE COMPANY will respond to Maintenance Service Calls by sending an engineer if required after
all necessary online trouble-shooting calls fail to restore service to the Equipment Site within the
response time specified in the agreement, provided that such calls are made to THE COMPANY at
the response center telephone number specified in the agreement.

Annual Maintenance Contract for Service and Hardware

 Annual Maintenance Contract for Service and Hardware

5.2 The Customer is entitled to maximum of three (3) maintenance service calls (site visits) per
month per site. Any additional calls shall be chargeable at the then standard service rates.

5.3 THE COMPANY shall provide two (2) pre-scheduled Preventive Maintenance services remotely or
site visits per annum. Preventive Maintenance of the equipment will carried out as specified under
the agreement.

5.4 Should it be necessary for the Equipment to be removed from the Equipment Site to provide the
remedial maintenance, THE COMPANY will be liable for all costs incurred in its removal and
return, and will insure the equipment whilst it is away from the equipment location.

5.5 THE COMPANY will maintain a record of all maintenance work undertaken within the agreement.
Such records will include as a minimum, a log number for each service request made. The log will
record the date and time of the request, the work done, the date and time the work was
completed, details of any parts replaced the name of the engineer and the length of time taken to
perform the work.

5.6 The response time to Equipment Site shall be within 3 hours from the initial call.

6.0 CUSTOMER’S OBLIGATIONS: The Customer shall:

6.1 Maintain a suitable environment and electrical supply for the equipment that complies with the
specifications given by the manufacturer(s) and keep all external surfaces of the equipment clean
and in good condition.

6.2 Operate the equipment in a proper manner, and always under the supervision of trained and
competent personnel.

6.3 Not make any additions to, modifications of or adjustments to the equipment (including the
installed systems software) without a written notice to THE COMPANY.

6.4 Should The Customer perform such functions specified in 6.3, THE COMPANY reserves the right to
consider re-evaluating the treated equipment for the contractual warranty.

6.5 Should the modifications be performed as per 6.3, thus completely changing the equipment’s
configuration and subsequently its basic behavior, such modification shall automatically void the
equipment’s contractual warranty. THE COMPANY would issue a new warranty for such
equipment.

6.6 Provide sufficient working space and access for inspection and maintenance of the equipment at
no charge to THE COMPANY.

6.7 Co-operate fully with THE COMPANY staff in the diagnosis for any malfunction of the equipment.

6.8 Not make any offer of employment or otherwise seek to entice away from the employment of
THE COMPANY any member of the THE COMPANY engineering staff. Any of THE COMPANY
engineering staff cannot be employed by The Customer’s organization for period of 1 year from
time of resignation or termination from THE COMPANY.

6.9 Where the Comprehensive Service is applicable:

- Maintain original copies of installed software covered in the agreement (WHERE REQUIRED).
- Maintain and make available to THE COMPANY engineers, when required standard
documentation of the installed software.

6.10 Maintain suitable backup of data.

7.0 CHARGES:

7.1 THE COMPANY may increase or decrease the Maintenance Charge upon giving not less than 30
days notice in writing prior to the expiry of the initial period or at any time thereafter.

7.2 THE COMPANY would institute new maintenance charges for equipment covered in 6.5.

7.3 If maintenance service is commenced outside the period of the working day (at the request of
The Customer), or for any other reason not covered by the provisions of the agreement, then The

Annual Maintenance Contract for Service and Hardware

 Annual Maintenance Contract for Service and Hardware

Customer shall pay THE COMPANY at the Hourly Rate for services. The Hourly Rate will be applied
to travel time as well as time spent at the Equipment Site. The Customer shall reimburse THE
COMPANY for all out -of- pocket expenses incurred and costs of parts used if applicable.

7.4 The Customer shall give THE COMPANY written notice before moving any item of the equipment
to a new Equipment Site. THE COMPANY reserves the right of inspection, of the equipment, at the
new Equipment site within 14 days of re-location and The Customer will be invoiced for relocation
charges, un-installation and re-installation charged by The Company for the work carried out.

7.5 The current standard hourly service rates for diagnostics / repairs are USD per hour. Please
note that this price is subject to change without notice and is dependent upon a number of
factors. Should there be any price change of this sort, we shall notify you of this change in
writing, later on, the changed hourly rate shall then be applicable in case of 7.3.

7.6 For all Maintenance work to be conducted outside your region, The Customer will have to pay
additional allowance of $ per day per staff. This charge is subject to variation depending upon
the agreement made with The Customer if at all such situation is to arise for more than once,
meaning that the outside your region location would then be a permanent location for the
equipment.

7.7 The Service maintenance charges per hardware equipment shall be as follows:

No. Items Description Qty Unit Price Total Price

USD USD

Total Cost for 1-Year Service Maintenance Agreement

VAT ( 18% ) Chargeable
GRAND TOTAL

8.0 TERMS OF PAYMENT:

8.1 The maintenance charges as per the agreement have to be paid 100% in Advance

8.2 Where any Maintenance service is provided which is not covered by the provisions of the
agreement The Customer shall pay immediately on presentation of an invoice for the additional
charges.

9.0 PARTS:

9.1 The cost of any replacement parts and any associated costs for transporting replacement parts to
the maintenance site shall be born by The Customer unless the equipment manufacturer
warrants such parts through a supplier and the time for the warranty has not elapsed.

9.2 Replaced parts covered by the manufacturer’s warranty for Tanzania, for which THE COMPANY
has dealership agreement with the manufacturers, the replaced parts shall remain the exclusive
property of THE COMPANY relative to this agreement.

9.3 THE COMPANY shall at its option repair or replace (on an exchange basis) any parts of the
equipment that become unserviceable in normal use. Replacement parts shall become part of the
equipment and those parts that have been replaced shall become the property of THE COMPANY.

10.0 EXCLUSIONS: This maintenance service does not include:

10.1 Maintenance of accessories, attachments, machine or any other items not included in the
equipment specified in the agreement.

Annual Maintenance Contract for Service and Hardware

 Annual Maintenance Contract for Service and Hardware

10.2 Electrical work external to the equipment, making modifications or specification changes to the
equipment, performing services connected with relocation of the equipment, adding, removing
accessories, attachments or other devices.

10.3 Provision of supplies or accessories, including (but not limited to) cartridge disc, floppy discs,
magnetic tapes, printer ribbons and any item defined as "consumable" by the manufacturer.

10.4 Installing/rectifying software and restoring of data, unless the agreement includes the
Comprehensive Service.

10.5 Maintenance of equipment or software items not specified in the agreement nor notified to THE
COMPANY as an addition to the contract.

11.0 LIMITATION OF LIABILITY:

11.1 The liability of THE COMPANY in respect of any breach of the agreement or any default act or
mission of THE COMPANY, its servants, agents or sub-contractors in relation to the subject matter
of the agreement and for which THE COMPANY is legally liable to The Customer shall be limited to
damages.

11.2 THE COMPANY shall not be liable for any consequential loss or damage however caused, including
[but not limited to] liability for business interruption or loss of profits.

12.0 FORCE MAJEURE:

12.1 Neither party shall be liable to the other for any delay, loss of business, damage or injury. This
can/may be caused by Acts of God, strikes, lockouts, civil commotion, riots .war, fire, explosions,
sabotage, storm, floods, earthquake, fog, subsidence or requisition of labor or materials for state
purposes or any other cause beyond their control.

13.0 NOTICES:

13.1 Either party to the contract may give any notice to the other party by posting a letter, addressed
to the other party as its registered office (if any) or last known relevant place of business, and
sent by registered post or official email. Any notice so sent shall be deemed to have been
properly and effectively delivered, upon the expiration of 48 hours after it shall have been
posted.

14.0 LAW:

14.1 This contract shall be constructed in accordance with Your country Law and the parties hereby
submit to the exclusive jurisdiction of the Your country Courts.

15.0 EQUIPMENT:

15.1 The Customer will have to furnish the List of equipment (hardware and/or software) that shall be
covered under this maintenance contract: This list should be initialed by both parties and should
be attached with the contract. The list should be in the format as below:

No. Equipment Additional Model No. Serial / License Condition

Accessories No.
1
2
3
4

Annual Maintenance Contract for Service and Hardware

 Annual Maintenance Contract for Service and Hardware

16.0 WORKING HOURS:

16.1 Our official working hours are 8:30am to 5:30pm on Monday to Friday and 9:00am to 1:00pm on
Saturday.

16.2 THE COMPANY shall respond to all calls made to numbers listed below during office hours.

General Tel / Fax Nos.

Mobiles:

THE COMPANY shall only respond to calls if made by authorized personnel whose names and
contact details have to be mentioned by The Customer here below.

Name: Telephone Number:

1.

2.

17.0 ACCEPTANCE OF CONTRACT:

The Customer acknowledges that he/she has read and understood this contract and agrees to be
bound by its terms and further agrees that this is the complete and exclusive settlement between
the two parties. This exclusive settlement therefore supercedes all proposal oral or written and all
other communications and prior agreements between the parties relating to the subject matter of
this agreement. The terms of this agreement may not be amended, modified or rescinded except
by a written instrument signed by both parties.

For The Company For the Customer

Name: Name:

…………….…………………………………….. …………….……………………………………..

Designation: Designation:

…………….…………………………………….. …………….……………………………………..

Signature: Signature:

…………….…………………………………….. …………….……………………………………..

Date: Date:

…………….…………………………………….. …………….……………………………………..

Official Company Stamp: Official Company Stamp:

Annual Maintenance Contract for Service and Hardware