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HARDWARE SERVICE AGREEMENT TERMS & CONDITIONS <br />ARTICLE 1 - WORK DESCRIPTION <br />TAC Technicians shall perform the following services on the equipment and at the places ( "Premises ") as <br />described on the front side of this form. <br />a. Remedial maintenance service required to restore the Equipment to satisfactory working <br />condition. <br />ARTICLE 2 - INCLUDED SERVICES <br />TAC will furnish required replacement parts to the customer at no additional cost. The following items are <br />excluded from coverage: s upplies, a ccessories, c onsumable, r ibbons, 1 aser t oner /drums and c omponents <br />damaged by negligence or spilled liquids. If parts become unavailable TAC will provide equivalent parts or <br />components. All old and or defective parts replaced during maintenance activities will become the property <br />of TAC Computer Inc. Application software support is not included with a hardware service agreement. <br />ARTICLE 3 - SERVICE HOURS <br />The included principal p eriod s ervice c overs work performed between the hours of 8:00 AM.. and 5:00 <br />PM., Monday through Friday, excluding all nationally observed holidays. All service provided outside the <br />principal period will be billed at the current rate of $105.00 per hour, including travel time. All calls for <br />service originating outside the principal period will be subject to a two hour minimum including travel time, <br />regardless of the corrective actions taken by TAC Computer Inc. <br />ARTICLE 4 - LIABILITY <br />TAC shall use its best effort to perform service within a reasonable time after request by the customer, <br />(normally 4 working hours), but shall not be deemed to be in default for any delay or failure in performance <br />or for any interruptions to operation of the equipment and to any related equipment. TAC does not accept or <br />assume any r esponsibility f or the 1 oss o f data that may o ccur during any r epair procedure. (It i s always <br />recommended that all data be backed up). In no event shall TAC be liable for any direct or indirect <br />damages, regardless of the nature of the claim of action or incidentals to the performance or <br />nonperformance of the service. <br />ARTICLE 5 —TERM <br />This agreement shall be in full force and effect on the effective date on the front side of this agreement and <br />shall remain in effect for the initial Tenn of 12 months and thereafter will remain in effect until terminated <br />by either party hereto with thirty (30) days written notice to the other party. <br />ARTICLE 6 — RATES <br />TAC shall notify the customer of any changes in rate with 30 days written notice. The rates are guaranteed <br />not to change for the initial term of this agreement. <br />