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From: Tom Creven 440-232-3979 To: Wayne V!'^rniac Date: 2/1 212 0 0 4 Time: 2- 16 PM Page 4 of 5 <br />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 ("Fremises") as <br />descnbed 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 fumish required replacement parts to the customer at no additional cost. The following items are <br />excluded from coverage: supplies, accessories, consumable, ribbons, laser toner/drums and comnonents <br />damaged by negligence or spilled li uids 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 pnncipal period service covers work performed between the hours of 8:00 AM.. and 5:00 PM., <br />Monday through Friday, excluding all nationally observed holidays. All service provided outside the <br />principal period wiil be billed at the current rate of $95.00 per hour, including travel time. All calls for <br />service oriinating outside the principal period will be subject to a two hour minimum including travel time <br />regardless of the corrective actions taken bv TAC Comnuter Inc. <br />ARTICLE 4 - LIABILTTY <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 responsibility for the loss of data that may occur during any repair procedure. (It is always <br />recommended that all data be backed up). Tn no event shall TAC be liable for any direct or indirect damages, <br />regardless of the nature of the claim of action or incidentals to the performance or nonperformance of the <br />service. <br />ARTICLE 5 - TERM <br />This agreement shall be in fuli force and effect on the effective date on the front side of this agreement and <br />shall remain in effect for the initial term 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.