This Agreement comes into force when signed by or on behalf of The Customer and by a Director of Teknicare Ltd. and shall be for a minimum term of 12 months from the date of signature.
(a) For so long as The Customer promptly fulfils its obligations under the terms of this agreement Teknicare Ltd. agrees to maintain the Equipment in accordance with the recommendations of the manufacturer.
(b) Subject to Clause 2 (a) Teknicare Ltd. will during normal working hours (8.30-17.00) Monday to Friday excluding public holidays provide such service at the address shown.
(c) Teknicare Ltd. will also provide during the said hours such telephone and remote access support as may reasonably be required for the correct operation of the equipment.
The Customer shall:
(a) Use the equipment correctly in accordance with any instructions, use only supplies of the correct specification, and promptly and regularly carry out all operator maintenance routines in accordance with manufacturer guidelines.
(b) Not allow any person other than Teknicare Ltd. staff to adjust or maintain the equipment except for the maintenance routines provided for in Sub-clause (a).
(c) Notify Teknicare Ltd. immediately if the equipment needs maintenance or is operating incorrectly.
(d) Maintain the environmental conditions agreed with Teknicare Ltd. on installation of the equipment.
(e) Notify Teknicare Ltd. immediately in writing of any alteration addition or attachment to the equipment.
(f) Not remove any non portable equipment without the prior written approval of Teknicare Ltd.
The service provided under this Agreement shall not include the following:
Changes and or alterations in the Equipment Specifications. Moving or removing machines devices or attachments. Corrections of faults due to operator error, accident, neglect, misuse of equipment, unsuitability of consumable materials or software not supplied by Teknicare Ltd. Software or programme support unless specifically agreed in writing as an amendment to this agreement. Any remedial maintenance or reconditioning which is necessitated otherwise than by fair wear and tear.
(a) The Customer shall appoint Authorised Personnel who shall be instructed in the use and maintenance of the Equipment.
(b) If Teknicare Ltd. is called to The Customers Premises without good reason, or is unable to gain access to the equipment for any reason beyond Teknicare Ltd’s reasonable control, Teknicare Ltd. reserves the right to charge for the call including travel and any out of pocket expenses.
In the case of any maintenance, which cannot be carried out at The Customers Premises, Teknicare Ltd. will remove the equipment for repair off site. In the event that The Customer is at any time unwilling for the Equipment or any part to be removed for repair or reconditioning and Teknicare Ltd. considers that this is necessary then Teknicare Ltd’s obligations under this agreement shall be considered fulfilled.
Teknicare Ltd. staff shall have reasonable access to the Equipment. The Customer will at his own expense provide on the Premises such suitable space and facilities (including heat light ventilation and electric current outlets) as Teknicare Ltd. staff might reasonably require.
Teknicare Ltd. its employees, servants, agents or sub contractors undertake to treat as confidential all and any information derived from or obtained in the course of work and to provide precautions to ensure that any such information is treated as confidential within the provisions of the data protection act 1998 and the General Data Protection Regulation 2018. Such information will not be disclosed to any third party other than that required by law to an appropriate body or law enforcement representative by order of the court.
(a) In consideration of service provided by Teknicare Ltd. under this agreement The Customer shall pay to Teknicare Ltd. the charges specified.
(b) All charges become due and payable within fourteen days from date of invoice. Teknicare Ltd. reserves the right to charge interest on overdue amounts.
(c) All charges stated are shown exclusive of Value Added Tax.
Teknicare Ltd. may vary the charges payable under this Agreement at any time after twelve months from the commencement of the agreement by giving the Customer 30 days notice.
In addition to the charges payable hereunder The Customer will pay for service at the rates then currently charged by Teknicare Ltd. in respect of all repairs or maintenance undertaken at The Customer’s request outside normal working hours or required by The Customer under Clause 4 above.
Teknicare Ltd. shall endeavour to comply with its obligations under this agreement but shall not be liable for failing to if the cause is beyond its reasonable control.
Teknicare Ltd. shall not be liable to The Customer for consequential loss, damage or injury including loss of profits or of contracts. The Customer will indemnify Teknicare Ltd. in respect of any claim for loss, damage or injury to any person or property occasioned by or arising from the possession, operation, use or modification of the Equipment.
Without prejudice to any other remedy which may be available. This Agreement may be terminated forthwith by Teknicare Ltd. if The Customer is in breach of any of its obligations under this Agreement. In the event of such termination, The Customer agrees to pay to Teknicare Ltd., all arrears of charges, together with such further sums as will amount to the total charge for the minimum Term specified. The Customer may terminate this agreement at any time after the initial minimum term by writing to Teknicare Ltd. giving 90 days notice of such intention.
The Customer may not assign this Agreement without the written consent of Teknicare Ltd.
The law of England shall govern the construction, validity and performance of this Agreement. This Agreement sets out the entire Agreement between the parties. It supersedes all prior discussions, representations, conditions and warranties between the parties. Any modification to this agreement must be expressed (in writing) to be an amendment to this Agreement and signed by an authorised officer of The Customer, and by a Director of Teknicare Ltd.