Service and Maintenance agreement Terms & Conditions of Aerialtronics DV B.V.
This agreement is made and entered into between Aerialtronics (hereinafter called "The Company") and the customer, the company agrees to service the products specified in point 5. Hereto subject to the following Terms & Conditions
1. This agreement is for an initial period of twelve months and thereafter will remain in force until terminated in any of the following cases:
- a. By either party giving twenty-eight days written notice to the other
- b. By either party forthwith for failure of the other to remedy a breach hereof after receipt of reasonable notice requiring it to do so
2. The Customer will pay the total amount of the predefined service & maintenance package charge in one transaction. After the Company receives the payment the 12 months period for the service & maintenance will start.
3. The Company or an by the Company appointed representative will perform two service checks within each period of twelve calendar months from the date hereof until this agreement is cancelled.
4. The cost of critical/non-consumable parts or materials necessary to repair the products will be additional to the maintenance charge and will be supplied only under the Company’s standard Terms & Conditions. They will be invoiced, at list (LESS 10%), with or separately from the charge for this agreement as deemed appropriate.
5. The Company reserves the right to suspend all cover under this agreement if any monies due to The Company, whether in connection with this agreement or not, are overdue under The Company’s terms and conditions of sale which shall prevail in all matters relating to this agreement.
6. This agreement covers routine (predictive) maintenance checks and the labour required for the replacement of small/consumable parts only.
This agreement does not cover failure of critical/non-consumable parts or service work necessitated by accidental or deliberate damage
to the equipment or work arising out of negligence or improper routine maintenance carried out other than by The Company or an by
The Company appointed representative. At the discretion of The Company’s representative non-consumable parts easily fitted during The
Customer’s visit will be fitted at no additional labour cost. Any request or agreement by The Customer or a representative of The Customer
for chargeable work in excess of that covered by this agreement to be carried out during a service visit hereunder shall be binding on The
Customer under The Company’s standard terms and conditions of sale. In the event of a dispute as to whether such a request or agreement
has been made, the burden of proof shall lie with The Customer. If in the opinion of The Company’s Technician overhauls of the equipment
are required in order to keep the equipment to a satisfactory state of repair. The Company will submit a cost estimate based on current
hourly rates. Such costs if agreed by The Customer will be additional to the maintenance charge.
7. The Company agrees to provide a priority service to rectify technical malfunctions of equipment covered by this agreement. Within 28 days of a service check or visit carried out by a Company representative hereunder no charge will be made for labour provided:
- a. That The Customer has accepted and carried out The Company’s recommendations as to any further overhauls that may be required
- b. That The Customer agrees to pay for all travel and incidental expenses of The Company’s representative, nonconsumable parts not fitted during the previous visit, and all consumable parts.
8. This agreement is specific to The Customer and shall not be transferred without the written consent of The Company.
9. If the location of the equipment is changed by The Customer such re-location may involve an alteration of maintenance charges.
10. To the extent permitted by law The Company shall not be responsible (whether in Contract or in Tort) for any direct, consequential or inconsequential loss damage or injury caused by any act or omission of The Company or its representatives or otherwise.
11. The Company will use its best endeavour to service or maintain the equipment at the agreed intervals but The Company shall not be liable for any direct loss or for any loss of profits or loss of business or other consequential and inconsequentiall loss caused by The Company’s delay in servicing or maintaining the equipment.
12. The terms set out herein shall be read in conjunction with the Company’s standard Terms & Condition. Together these form the entire
Maintenance Agreement between The Company and The Customer and shall not be varied by the terms and conditions of any order
submitted by The Customer for the repair, service and maintenance of the equipmen. Nor shall The Company be bound by any representation
of any of its representatives as to the effect of these terms and conditions or as to the subject matter of the contract generally unless such
representation has been confirmed in writing by a Director of The Company.
13. The Customer agrees to give all reasonable assistance to The Company’s representative and in particular will ensure and allow him to inspect whether the conditions in which he will be working in are safe, when service and maintenance is carried out at the customers premises.
14. This agreement is governed in all respects by The Laws and Regulations of The Netherlands.