THE PARTIES

Alphabase Systems Limited ('The Company')
('The Client')

TYPE OF SERVICE - SCHEDULE 1

Hardware/System Software/Network

System Software
This covers all aspects of the operating systems including any system driver files (We cannot guarantee any files saved on the computer other than this, as these files are the customer’s responsibility to have adequate backup device in place)
Hardware
Hardware maintenance covers all parts and labour of the computer. (Items replaced will be the same or similar item)
Network
Agreements with this option will cover all parts that make the network complete. I.E. Hubs, Cabling, and network points.

EQUIPMENT TO BE SERVICED - SCHEDULE 2

Equipment type:
Brief Description:
Serial Numbers (if applicable):


Terms and Conditions

DEFINITIONS
“The Customer” means The Customer as detailed overleaf
“The Company” means Alphabase Limited
“The Equipment” means the items of equipment as contained in Schedule 2
“The System” means the collective items of equipment as installed and inter connected
“The Service” means the service as contained in Schedule 1

  1. EFFECT 
    1. These terms and conditions shall prevail over any proposed by The Customer or implied by trade custom or practice or any oral representations made by The Company or its employees agents or servants
    2. This Agreement becomes effective when signed by both parties

  2. EXTENT OF SERVICES 
    1. The Company shall carry out the service in accordance with the provisions of Schedule 1
    2. The following are excluded from this Agreement 
      1. inspection repair or maintenance of any electrical power supply to the system or the work external to the system
      2. relocation or reinstallation of the system or any items of equipment
      3. line wiring
      4. requests to re-attend the Site at The Customers convenience. In the event that The Customer requests The Company’s representative re-attend the Site at The Customers convenience The Company reserves the right to charge The Customer such additional sums as maybe appropriate in accordance with The Company’s current charging rate.

  3. EXTENT OF REPAIR SERVICES 
    1. The Company will inspect the equipment and shall undertake to carry out such repair work as may be necessary in order to put the equipment in good working order. The Customer shall meet the costs of such inspection and repair.
    2. If The Company reasonably forms the opinion that the equipment or any part of it cannot be economically maintained The Company will notify The Customer of The Company’s estimate of the costs of reconditioning, replacing or repairing all or part of the equipment.
    3. Additional works such as programming, training, cabling and our of hours work will be chargeable at The Company’s current charging rate and such charges will be met by The Customer

  4. CUSTOMERS RESPONSIBILITIES
    1. The Customer is to ensure The Company’s technical staff have full free and timely excess to the equipment and The Customer shall provide adequate working and storage space and other such facilities as the technical staff may reasonably require.
    2. The Customer shall observe all statutory requirements in respect of Health & Safety Legislation.
    3. The Customer shall pay all fees relating to The Service within 30 days, if this is not met, any customer goods may be retained in lieu of payment and may be sold off/disposed of to recoup any resulting losses incurred.

  5. LOSS OR DAMAGE TO HIRE EQUIPMENT
    1. If the Hire Equipment is returned in damaged, unclean and or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Equipment the Customer shall be liable to pay The Company for the cost of any repair required to return the Hire Equipment to a condition fit for re-hire and to pay the Rental in accordance with the provisions of clause 5.3, until such repairs have been completed.
    2. The Customer will pay to The Company the replacement cost of any Hire Equipment which are lost, stolen and or damaged beyond economic repair during the Hire Period.
    3. The Customer shall pay the Rental for the Hire Equipment up to and including the date it notifies The Company that the Hire Equipment has been lost, stolen and or damaged beyond economic repair From that date until The Company has replaced such Hire Equipment the Customer shall pay, as a genuine pre-estimate of lost rental profit a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Equipment for that period The Company shall use its reasonable commercial endeavours to purchase replacements for such Hire Equipment as quickly as possible using the monies paid under clause 5.2 above.

  6. LIMITATIONS;
    1. The Company will not be liable for failure to meet its obligations under this Agreement if the failure is a result of 
      1.  "force majeure"
      2. act of God
      3. refusal of Licence
      4. illegality
      5. fire explosion, accident or industrial dispute
      6. unavailability of materials or spare parts

  7. ADDITIONAL CHARGES
    1. The Company reserves the right to make a charge in respect of time and expenses incurred by The Company in the event of a call to attend to faults which transpire not to be contained within the equipment or the system or in the alternative if the equipment is reported as having developed a fault and this proves not to be the case.
    2. The Company reserves the right to charge a non-refundable minimum fee of £50+VAT per inhouse repair.
    3. In the event any additional payment becomes due under the terms of this Agreement, such sums shall be paid within 30 days of the date of The Company’s invoice.
    4. In the event any account is in arrears for more than 30 days The Company reserves the right to charge a late payment charge of up to 6% net per day or £500.00 + VAT per invoice per calendar month.
    5. In the event any account is in arrears for more than 30 days The Company reserves the right to cancel this Agreement and upon such cancellation The Customer shall immediately settle any overdue amount, if this is not met, any customer goods may be retained in lieu of payment and may be sold off/disposed of to recoup any resulting losses incurred.
    6. In the event of a breach of this Agreement by The Customer, The Company shall be at liberty to terminate this Agreement whereupon The Customer shall pay to The Company compensation as reserved in Clause 9(b) below.

  8. LIABILITY 
    The Company excludes liability for any loss or damage suffered by The Customer as a result of acts or admissions on behalf of The Company unless as a result of The Company’s negligence.

  9. LEGAL CONSTRUCTION
    This Agreement shall be covered by English Law. The headings to this Agreement shall not be construed as forming part of this Agreement.

  10. INVALIDITY
    If any provision of this Agreement becomes invalid, illegal or unenforceable the other provisions of this Agreement shall stand unaffected.

  11. ENTIRE AGREEMENT
    This Agreement along with the Schedules attached sets forth the complete Agreement between the parties. No amendment or modification of the Agreement will be effective or binding unless it is in writing signed by duly authorised representatives of the parties.

  12. ASSIGNMENT
    The Company may assign its rights benefits and obligations under this Agreement without prejudice to those rights benefits and obligations. The Customer may not assign the benefit of this Agreement without the previous written authority of The Company.

Close Window