|
domk
<br />Y r ?
<br />SERVICE CONTRACT
<br />1, Limitation on Contract Terms
<br />This offer becomes a Contract of AMSS'S acceptance at its home
<br />office. Its acceptance is expressly made conditional on Customers
<br />assent to these terms and conditions. No terms or conditions stated
<br />by the Customer whether characterized as offer, acceptance, or
<br />acknowledgement shall be binding on AMSS unless agreed to in
<br />writing by AMSS at its home office, by a proper officer of AMSS.
<br />Customer's legal terms on any purchase order or legal form are
<br />preempted and superceded by AMSS'S terms and conditions as
<br />hereby set forth.
<br />2. Term of Contract and Renewal
<br />The Contract tern is one year. At the end of this term the contract
<br />shall continue frorn year to year unless terminated by either party by
<br />written notice 30 days or more prior to the expiration date of the then
<br />current (original or renewal) term. Failure of the Purchaser to object
<br />within 10 days of receipt of such notice of change or modification shall
<br />constitute acceptance.
<br />3. Limitation of AMSS'S Obligations
<br />7. Goods Manufactured by Others
<br />Goods not manufactured by AMSS, but shipped to the
<br />Customer by AMSS are F.O.B. shipping point. All costs in
<br />connection with their shipment to the Customer are to be paid
<br />by Customer.
<br />8. Customer's Service Request
<br />AMSS shall verbaily respond to Customer's requests for
<br />service, and when required, visit the Customer's facility,
<br />within an appropriate amount of time. However, if customer's
<br />facility is in excess of 50 miles from AMSS'S nearest field
<br />service office, AMSS shall visit customer as quickiy as
<br />commerciaily reasonable.
<br />9. Equipment Operation
<br />If the equipment is regularly operated more than 40 hours per
<br />week, the Contract price shall be increased by twenry-five
<br />oercent (25%) for each additional 10 hours of regular
<br />operation per week.
<br />AMSS agrees to provide service to repair or repiace defective
<br />equipment at Customer's facility. This Contract does not include
<br />internal electronic components; work on equipment supplied by
<br />others; probfems to the equipment caused by Customer's failure to
<br />properly operate the equipment according to instruction and
<br />maintenance manuals, manufacturer's specifications and standard of
<br />reasonabie care; normal wear and tear on equipment; rate changes
<br />and equipment modification outside the control of AMSS; damage to
<br />the equipment due to activity of others; and damage resuiting from
<br />any force majeure. Service calis not covered under this Contract shall
<br />be furnished at AMSS'S then appficable rate, including labor,
<br />materials, and travei and lodging expenses associated with trips to
<br />Customer's facility.
<br />4. Limited Warranfy
<br />THIS CONTRACT DOES NOT ALTER OR EXTEND WARRANTIES
<br />OR LIMITS ON LIABILITY ESTABLISHED AT THE TIME OF SALE
<br />OF THE EQUIPMENT COVERED BY THIS AGREEMENT, OTHER
<br />THAN THE SERVICE DUTIES SET OUT IN THIS CONTRACT.
<br />THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
<br />INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
<br />OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE.
<br />5. Service Visits
<br />All service visits shail take pface during normal business hours, 8:30
<br />a.m. to 5:00 p.m., Monday through Friday. EMERGENCY SERVICE
<br />VISITS, OUTSIDE OF REGULAR HOURS INCLUDING TIME IN
<br />TRANSIT, SHALL BE PAID BY THE CUSTOMER AT AMSS'S THEN
<br />CURRENT HOURLY RATE INCLUDING LABOR, MATERIALS, AND
<br />TRAVEL AND LODGING EXPENSES ASSOCIATED WITH TRIPS
<br />TO CUSTOMER'S FACILITY.
<br />6. Service Fee
<br />The service fee for the initial period of the Contract is stated herein.
<br />The service fee for the renewai period shall be at the Company's then
<br />current service rate. Payment shall be made in full within thirty (30)
<br />days after the date of invoice. Service fees do not include taxes, of
<br />any kind, which shall be in addition to the Service fee estabiished
<br />under this Contract.
<br />10. Limitations of Liability
<br />AMSS SHALL NOT BE LIABLE FOR DAMAGES OF ANY
<br />KIND, INCLUDING BUT NOT LIMITED TO
<br />CONSEQUENTIAL, GENERAL, DIRECT, SPECIAL, OR
<br />INCIDENTAL DAMAGES. THIS LIMITATION IS
<br />IRRESPECTIVE OF CUSTOMER'S THEORY OF LIABILITY
<br />WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE,
<br />STRICT LIABILITY, OR ANY STATUTORY PERMITTED
<br />CAUSE OF ACTION.
<br />11.
<br />AMSS SHALL BE LIABLE ONLY FOR ITS OWN NEGLECT
<br />OR WILLFUL FAULT IT IS NOT LIABLE FOR ANY
<br />CONSEQUENTIAL DAMAGES WHETHER FOR LOST
<br />PROFIT, BUSINESS OPPORTUNITY, OR OTHERWISE.
<br />12. Assignment of This Contract
<br />The Customer may not assign any rights or delegate any
<br />duties under this Contract without AMSS'S written consent.
<br />Contract canceliation, assignment or delegation by Customer
<br />terminates the liabilities of AMSS and terminates the rights of
<br />the Customer and any third party assignee in the event of an
<br />assignment consented to by AMSS, Customer shall remain
<br />liable for all obligation under this agreement for the remainder
<br />of the then existing term of this contract.
<br />13. Force Majeure
<br />AMSS shall not be liable for failure to provide service or
<br />equipment delays occasioned by any force majeure, including
<br />but not limited to strikes, labor slowdowns, lockouts, fires,
<br />floods, riots, thefts, accidents, embargoes, war or other
<br />outbreak of hostilities, acts of govemment, acts of God, acts
<br />of the public enemy or unusualiy severe weather.
<br />14. Maximum Non-Chargeable Service
<br />Service Contract limit on number of sevice related cails
<br />allowed per calendar year is as shown on face hereof in
<br />column headed "Maximum number of calis allowed."
<br />
|