Customer Service Agreement authorizes IGBS Computer and Electronics Services (“IGBS Computer”) to service equipment listed on the face hereof (“Equipment”), subject to the following terms and conditions:
1. CONTRACT CUSTOMERS
Customer hereby accepts the service performed by IGBS Computer on the Equipment, subject to the terms and conditions contained in a Customer Agreement in effect between Customer and IGBS Computer. If the Equipment is not covered by the Maintenance Agreement, Customer agrees to pay IGBS Computers’ Time and Material charges described below.
2. VENDOR WARRANTY CUSTOMERS
For Equipment that is covered under an original equipment manufacturer or other vendor warranty, Customer hereby, accepts the warranty service performed by IGBS Computer. Warranty service does not include cleaning, software problems, installation, adjustments, upgrades, electrical work external to the hardware, service necessitated by supply items, service resulting from accident, neglect, improper use or misuse or necessitated by repairs attempted by unauthorizsed personnel: service which is unsafe or impractical for IGBS Computer to render because of alterations in the hardware or software, or because hardware is located in an unsafe or hazardous:
environment; service necessitated by elements external to the hardware, including but not limited to humidity, temperature, power or air conditioning, which are not within published specifications. Unless the Equipment vendor has contracted to pay IGBS Computer for such warranty service, Customer agrees to pay IGBS Computer’ Time and Material charges described below.
3. TIME & MATERIAL CUSTOMERS
a. IGBS Computer shall provide service for Equipment delivered to a IGBS Computer, or performed at Customer’s site within 80 km of a IGBS Computer office. For Customer sites outside the 80-km service area, Customer will pay IGBS Computer current distance surcharge.
b. Service shall be provided by IGBS Computer during the Principal Period of Maintenance (“PPM”) which is defined as 8:30 a.m. to 5:00 p.m., Monday through Friday inclusive, excepting statutory holidays. Customer may request extensions to the PPM, which are subject to availability and IGBS Computer current charges
c. Service is based on the specific needs of individual Equipment and may include repair or replacement of Equipment at IGBS Computer option. All replaced items become the property of IGBS Computer.
d. Service is contingent upon proper use of Equipment and software in accordance with published specifications and does not include:
cleaning, software problems, installation, adjustments, upgrades, electrical work external to the hardware, service necessitated by supply items, service resulting from accident, neglect, improper use or misuse or necessitated by repairs attempted by unauthorized personnel: service which is unsafe or impractical for IGBS Computer to render because of alterations in the equipment or software, or because equipment is located in an unsafe or hazardous environment; service necessitated by elements external to the equipment, including but not limited to humidity, temperature, power or air conditioning, which are not within published specifications.
a. All charges are due and payable upon completion of on-site service, IGBS Computer return of the serviced Equipment.
b. Customer agrees to pay (a) the charges due under IGBS Computer current rates for the services rendered (b) applicable federal and provincial sales taxes; and (c) for delivery, handling, and transportation, unless otherwise provided.
c. Customer agrees to pay a late payment charge of eighteen percent (18%) per annum (1.5% per month) on unpaid balances.
d. Equipment not picked up sixty (60) days after written notification by IGBS Computer that service is complete will be considered abandoned and may be sold by IGBS Computer to cover repair costs.
Unless otherwise agreed to in writing, IGBS Computer warrants that the equipment repaired or replaced, hereunder will be free from defects in workmanship and material under normal use and service for a period of thirty (30) days after the date of completion of service, return of Equipment, or shipment to the Customer.
This warranty does not apply if the item of Equipment has been modified, damaged by accident, abused, misused, or if any serial number has been removed or defaced. This warranty excludes consumable items such as paper, ribbons, and printed elements.
THE WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE OF AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS INCLUDING THE IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IGBS Computer EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING IN CONNECTION WITH THE YEAR 2000 PROBLEM AND SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY YEAR 2000 PROBLEM.
6. LIMITATION OF REMEDIES
CUSTOMER’S EXCLUSIVE REMEDY AND IGBS COMPUTER ENTIRE LIABILITY FOR THE PRODUCTS PURCHASED OR ITEM SERVICED IS A REPAIR OR REPLACEMENT AS DESCRIBED ABOVE. IF, AFTER REPEATED EFFORTS, IGBS COMPUTER. IS UNABLE TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT OR ITEM OF EQUIPMENT. THEN CUSTOMER’S EXCLUSIVE REMEDY AND IGBS COMPUTER ENTIRE LIABILITY IS THE REFUND OF MONEY PAID TO IGBS COMPUTER HEREUNDER FOR THE DEFECTIVE PRODUCT OR SERVICE.
IN NO EVENT IS IGBS COMPUTER LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF CUSTOMER’S USE OF ANY PART OR DOCUMENTATION OR THE SERVICE PROVIDED FOR HEREUNDER. IGBS COMPUTER SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF USE, REVENUE OR PROFIT EVEN IF IGBS COMPUTER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR ANY CLAIM OR ACTION BROUGHT AGAINST CUSTOMER BY ANY THIRD PARTY.
a. IGBS Computer is not responsible for failure or delay in performance due to causes beyond its reasonable control.
b. This Agreement may be amended only by an instrument in writing executed by the Customer and IGBS Computer.
c. This Agreement is governed by the laws of the province in which the service is performed.
d. Customer acknowledges that it has required this Agreement to be drawn in the English language.
Le preneur reconnait avoir demande que le present contrats soit redige en langue anglaise.