Warranty Service Terms & Conditions

1. DEFINITIONS

a) “The Maintenance Service” means the Maintenance Agreement Service provided by Core Projects & Technologies (UK) Limited as described in clause 3.
b) “The Maintenance Charges” mean the charges for the Maintenance Services as set out in the schedule.
c) “The Commencement Date” means the date Maintenance charges are to commence.
d) “Cover Period” means those days and hours which Core Projects & Technologies (UK) Limited will carry out the Maintenance Service
e) “The Equipment” means the equipment as specified in the schedule.
f) “The Site” means the customers premises at which the Equipment is located.
g) “Normal working hours” means 9:30am to 5pm Monday to Friday (except Bank Holidays)

2. DURATION

The agreement shall commence on the Commencement Date and shall continue in force for the Term and thereafter unless or until terminated by either party giving the other 90 days written notice to expire on the Renewal Date.

3. MAINTENANCE SERVICE

3.1 Core Projects & Technologies (UK) Limited shall provide the Maintenance Service during the Cover Period to keep the Equipment in good working order.

3.2 On receipt of notification by fax from the customer that the Equipment has failed or is malfunctioning, Core Projects & Technologies (UK) Limited shall send a suitably qualified engineer who will use reasonable endeavours to arrive at the site within the Response Time indicated in the Schedule to make such adjustments or repairs to and replace such parts of the Equipment in order to reinstate the equipment to its proper operating condition.

3.3 It is agreed that any part permanently removed by Core Projects & Technologies (UK) Limited shall become the property of Core Projects & Technologies (UK) Limited and any replacement part will form part of the Equipment.

4. EXCLUSIONS FROM MAINTENANCE SERVICE

4.1 The Maintenance Service shall not include any maintenance of the Equipment which is necessary as a result of:

a) Damage resulting from accident, or misuse on the part of the Customer, its employees or any third party.
b) The Customer's failure to operate the Equipment within the manufacturers guidelines.
c) Damage resulting from failure or fluctuation of power supply, air conditioning or humidity controls.
d) Damage resulting from attachment of equipment (whether supplied by Core Projects & Technologies (UK) Limited or not), which do not form part of the Equipment.
e) Fire, flood, war, earthquake, act of vandalism, or other similar occurrence.
f) Repair, replacement or removal of any consumable items, including but not limited to batteries, toners, ink ribbons, data storage media, and type heads.
g) Addition, modification or adjustment to the Equipment by any party other than Core Projects & Technologies (UK) Limited without prior written consent of Core Projects & Technologies (UK) Limited.
h) Computer Viruses.

4.2 The Maintenance service shall not include:

a) Making specification changes or performing services connected with relocating the equipment
b) Call-Out maintenance outside the Cover Period.
c) Maintenance or support of software.
d) Preventative maintenance
e) Attendance other than at the Site in respect of any item of the Equipment
f) Training of the Customers staff

4.3 Core Projects & Technologies (UK) Limited may provide services to the Customer at its then applicable charge or hourly service rate in the circumstances referred to in Clauses 4.1 and 4.2.

4.4 Core Projects & Technologies (UK) Limited reserves the right, to refuse to provide the Maintenance Service in respect of an item of the Equipment, which, in its reasonable opinion is deemed to be beyond economic repair.

5. CHARGES

5.1 The Customer shall pay to Core Projects & Technologies (UK) Limited the Maintenance charges for the Agreement Term in respect of the Maintenance Service.

5.2 Core Projects & Technologies (UK) Limited reserves the right to revise the Maintenance Charges at any time in the event that any features of the Equipment should change as a result of relocation, specification, cover period, or response time.

5.3 The parties acknowledge that further items of equipment may be added to this Agreement by mutual agreement from time to time. New items of equipment shall become the Equipment on the date that Core Projects & Technologies (UK) Limited accepts them for the Maintenance Service. Where additional items of equipment are added to the Equipment during the Cover Period, Maintenance charges shall be invoiced pro rata to the remaining Term.

5.4 Core Projects & Technologies (UK) Limited shall submit invoices to the Customer for the Maintenance charges which are payable in advance in accordance with the schedule starting on the Commencement Date. Invoices in respect of any charges payable pursuant to Clause 4.3 will be submitted to the Customer accordingly and payment shall be due within 30 days of invoice date.

5.5 If any sum payable under this Agreement is not paid within 14 days of the due date then Core Projects & Technologies (UK) Limited reserve the right to withdraw from the Maintenance Service Agreement.

6. DUTIES OF THE CUSTOMER

The Customer shall

a) Promptly notify Core Projects & Technologies (UK) Limited of any defect or malfunction in the Equipment
b) Keep and operate the Equipment within the conditions specified by Core Projects & Technologies (UK) Limited and the Manufacturer
c) Co-operate fully with Core Projects & Technologies (UK) Limited by making available during the Cover Period adequate working space and facilities at the Site for Core Projects & Technologies (UK) Limited engineers to perform the Maintenance Service.
d) Ensure that correct and proper back up of all data and programmes are kept at all times. Core Projects & Technologies (UK) Limited will not be liable for any data loss or corruption.

7. GOVERNING LAW

This Agreement shall be deemed to be made in England and shall be subject to and constructed in accordance with English Law.

8. Core Projects & Technologies (UK) LIMITED WARRANTY

Core Projects & Technologies (UK) Limited warrants that it will exercise reasonable skill and care in performing the Maintenance Service. Subject to the foregoing, no undertaking, representation or warranty, express or implied is given in respect of the Agreement or the Maintenance Service furnished hereunder. Core Projects & Technologies (UK) Limited shall not be liable for loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Equipment or loss or spoiling of the Customer’s programmes or data) resulting from any failure or breakdown of or fault in the Equipment unless such breakdown or fault is caused by the negligence or wilful misconduct of Core Projects & Technologies (UK) Limited, its employees, agents, or subcontractors.

9. CONFIDENTIAL INFORMATION

9.1 Core Projects & Technologies (UK) Limited shall not use or disclose to any person (other than to those employees who need to know the same) any confidential information concerning the products, customers, business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of the Customer which may come to Core Projects & Technologies (UK) knowledge in the course of providing the Maintenance Service. Core Projects & Technologies (UK) Limited shall use its best endeavours to prevent the unauthorised publication or disclosure or any such information. Core Projects & Technologies (UK) Limited shall ensure that its employees are aware of and comply with the confidentiality obligations contained in this clause.

9.2 The provisions of the Clause shall not apply to any information which is already public knowledge or becomes so at a future date (otherwise that as a result of breach of the agreement) or which was rightfully in possession of Core Projects & Technologies (UK) Limited prior to the Commencement Date.

10. STAFF RECRUITMENT

Both parties hereby agree that for the period of this Agreement and for 12 months after its termination or expiry for any reason, neither party shall employ, or seek to offer employment to an employee of the other party save by mutual written consent. This restriction shall apply in the same manner to any employees of either party who have been in the employment of that party during the proceeding 12 months.

11. TERMINATION OF AGREEMENT

This Agreement shall commence on the Commencement Date and continue thereafter at each Renewal Date until terminated by either party giving the other 90 days notice in writing expiring at any time sent to the other party by registered or recorded delivery post. During the notice period the service level will revert to Next Day, unless the original service level is Next Day, then this will remain.