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c <br />HA1tDWARE 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 furnisll required replacenlent parts to the customer at no additional cost. The following items are <br />excluded from coverage; s upplies, a ccessories, c onsuniable, r ibbons, l aser t oner/drums a nd c opp_onents <br />damaged by nejzligence or spilled liauids. If parts become unavailable TAC will provide equivalent parts or <br />components. All old and or defective parts replaced duruig maintenance activities will become the property <br />of TAC Computer Ina Applicarion software support is not included with a hardware service agreement. <br />ARTICLE 3 - SERVICE HOURS <br />The i ncluded p rincipal 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 $95.00 per hour, including travel time. All calls for <br />service originatiiig outside the principal period will be subject to a two hour minimum includinQ_travel time, <br />reQardless of the correcrive actions taken by TAC Comnuter Inc. <br />ARTICLE 4 - LIABILITY <br />TAC shall use its best effort to perform service withul a reasonable time after request by the customer, <br />(normally 4 working hours), but sliall 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 a ny r esponsibility f or t he 1 oss o f d ata t hat m ay o ccur d urulg a ny r epau p rocedure. ( It i s always <br />recommended that all data be backed up). In no event shall TAC be liable for any direct or induect <br />damages, regardless of the nature of the claim of action or incidentals to the perfom-iance or <br />iionperformance of the service. <br />ARTICLE 5 - TERM <br />This aereement shall be in full force and effect on the effective date on the front side of this agreement aiid <br />shall remain in effect for the inirial ternz of 12 months and thereafter will remain in effect until temiinated <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 temi of this agreement. <br />