Terms and Conditions of Supply of Repair & Maintenance Services
This Agreement (“Agreement”) constitute the only basis on which ALTECH UK LABELLING TECHNOLOGIES LTD (“ALTECH UK” or the “Company”) (a limited liability company registered in England & Wales with company number 6157581) agrees to supply Repair & Maintenance Services to its Customers and is supplemental to the ALTech UK Labelling Technologies Limited Terms and Conditions of Sale, where Repair & Maintenance Services are supplied under a Sales Order, and are subject to update from time to time.
- Repair & Maintenance Services
- During the term set out in the Sales Order, ALTECH UK shall provide the Customer with a repair and maintenance service for the Equipment, which shall include:
- routine maintenance of the Equipment at such intervals as ALTECH UK agrees within the Sales Order as part of the basic necessary maintenance schedule required to keep the Equipment in good working order;
- the repair of any defect in or malfunction of the Equipment which is discovered by ALTECH UK's representatives during the course of routine maintenance checks;
- a discounted rate for breakdown call out and certain spare parts (such discount to be agreed within the Sales Order); and
- a basic advisory service relating to the application and use of the Equipment.
- Routine maintenance of the Equipment shall be carried out by one of ALTECH UK's suitably qualified and duly authorised representatives attending at the Location at such times during normal working hours (being 9am – 5pm Monday to Friday (“Normal Working Hours”)) unless otherwise agreed in advance between ALTECH UK and the Customer from time to time. A site visit includes travel to and from the site within Normal Working Hours.
- If ALTECH UK's representative discovers a defect in or malfunction of the Equipment in the course of routine maintenance, ALTECH UK's representative will use reasonable commercial endeavours to repair it at the Customer’s location, but if that is not reasonably practicable (or is not reasonably practicable in the time available during Normal Working Hours), ALTECH UK's representative will seek to make suitable arrangements with the Customer for:
- a further visit to be made to the Location during Normal Working Hours for the repair of the defect or malfunction (charged at standard contract rates agreed in the Sales Order); or
- if the Equipment is inoperative as a result of the defect or malfunction, its repair at the Location outside Normal Working Hours (work outside Normal Working hours or weekends may be charged at a premium rate); or
- if it is not reasonably practicable for the defect or malfunction to be repaired otherwise, the removal of the Equipment (or, where practical, the part of the Equipment in question) for the purposes of repair.
- If the Customer reports a defect in or malfunction of the Equipment during Normal Working Hours, ALTECH UK shall ensure that one of ALTECH UK's suitably qualified and duly authorised representatives attends at the Location, during Normal Working Hours, within the response times identified in the Sales Order; ALTECH UK's representative will try to repair the defect or malfunction at the Location, but if that is not reasonably practicable (or is not reasonably practicable in the time available during Normal Working Hours) ALTECH UK's representative will seek to make such arrangements with the Customer as are mentioned in clause 1.3.
- If the Customer reports a defect in or malfunction of the Equipment after 3pm on any day, then unless ALTECH UK expressly agrees otherwise, the report shall be deemed to be made at the beginning of the next Working Day, and clause 1.4. shall take effect accordingly.
- All reports of defeats in or malfunctions of the Equipment must be made by telephone and confirmed in writing by email.
- ALTECH UK shall:
- provide the Customer with replacement electronic manuals and documentation for Equipment at no extra cost upon request;
- respond promptly, during Normal Working Hours, by telephone or email, as appropriate, to any request from the Customer for information concerning the application and use of the Equipment;
- respond promptly, during Normal Working Hours, by telephone or email, as appropriate, to any request from the Customer in relation to the repair of any defect in or malfunction of the Equipment; and
- ALTECH UK shall ensure that its representatives comply with all safety and security regulations in force at the Customer's premises which are brought to the attention of such representatives.
- Payment under this Agreement is required in advance of all support and maintenance visits being supplied.
- Spare parts and replacements
- ALTECH UK shall supply spare parts and replacement components required to maintain the Equipment in good working order, at the discounted rate set out in the Sales Order.
- All spare parts and replacement components supplied by ALTECH UK shall become part of the Equipment.
- Services not included
- The Maintenance Service Charges shall not include repair or maintenance required as a result of:
- electrical work external to the Equipment;
- transportation or relocation of the Equipment not performed by or on behalf of ALTECH UK;
- any error or omission relating to the operation of the Equipment;
- any modification, adjustment or repair to the Equipment made by a third party without the written consent of ALTECH UK;
- the subjection of the Equipment by the Customer to unusual physical or electrical stress, the neglect or misuse of the Equipment or any failure or fluctuation of electrical power, air conditioning, humidity control or other environmental controls; or
- any other cause (except fair wear and tear) which is not due to the neglect or default of ALTECH UK.
- If on investigation ALTECH UK reasonably determines that any defect in or malfunction of the Equipment is the result of any of the matters referred to in clause 3.1 the Customer shall be liable for all costs incurred by ALTECH UK in investigating the same and determining its cause at ALTECH UKs then applicable rates set out in the Sales Order. Where this is the case, ALTECH UK may at its absolute discretion deduct the book hours allowed for the maintenance visit in the Sales Order from the total additional cost.
- If any part of the Equipment can no longer be maintained in good working order by the provision of replacement spare parts or the whole of the Equipment is damaged beyond economic repair otherwise than through ALTECH UK's fault (as to whether either of which events has occurred ALTECH UK's decision shall be final and binding on the Customer) ALTECH UK reserves the right to terminate this Agreement forthwith, by giving written notice to the Customer, in respect of the whole or any part of the Equipment which can no longer be maintained, in which case ALTECH UK shall repay to the Customer a fair proportion of any Charges for ALTECH UK's services which has been paid in advance by the Customer.
- Except as expressly provided in this Agreement or as agreed between the parties in writing, ALTECH UK shall have no obligation to provide any services to the Customer outside Normal Working Hours.
- Customer's obligations
- The Customer shall:
- at all times keep the Equipment in the environmental conditions (e.g heat, humidity, dust, debris, moisture) recommended by ALTECH UK;
- with the exception of machines specified as portable, not move the Equipment without obtaining the prior written consent of ALTECH UK;
- use the Equipment only in accordance with such instructions and recommendations relating to the care and operation of the Equipment as may from time to time be advised in writing by ALTECH UK; and
- not allow any person who has not been trained by ALTECH UK's representatives to adjust, maintain, repair, replace or remove any part of the Equipment.
- The Customer shall ensure that ALTECH UK's representatives have full and free access to the Equipment and to any records of its use kept by the Customer to enable ALTECH UK to perform its duties.
- The Customer shall provide ALTECH UK with such information concerning the Equipment, its application, use, location and environment as ALTECH UK may reasonably request to enable it to carry out its duties.
- The Customer shall take all such steps as may be necessary to ensure the safety of any of ALTECH UK's representatives who visit any premises of the Customer.