Terms & Conditions
Terms and Conditions of Service and Support
1. Provision of Service and Support
During the continuance of this Agreement, Multi Computech Systems will provide service and support as follows:
1.1 Multi Computech Systems Telephone Support
Multi Computech Systems shall provide at its sole option and for as long and for such hours as it may decide Telephone Support for the Customer. "Telephone Support" means telephone and remote hardware fault diagnosis provided by Multi Computech Systems at its sole option and on such terms and conditions as it may, from time to time determine pursuant to clause 2.1.
1.2 Remedial Support
Upon receipt of notification from the Customer that the Products have failed or are malfunctioning, and in the event that the fault cannot be rectified using Multi Computech Systems Telephone Support, undertakes to use all reasonable endeavours during the Standard Service Hours to make such corrections, repairs or adjustments to or replace such parts of the Products as may be necessary to restore the Products to their proper operating condition. The extent of such remedial support and whether this is achieved remotely or by an on-site visit by a Multi Computech Systems engineer will be determined by Multi Computech Systems in its discretion and/or depending upon any Service Offering purchased by the Customer (as evidenced on the Invoice) from amongst the Service Offerings or the specific Service Offering packaged with the Product.
Multi Computech Systems's "Standard Service Hours" means the hours between 9.00 a.m. and 5.00 p.m. each day excluding Saturdays, Sundays and public holidays. Additional service hours may be available at Multi Computech Systems's discretion in consideration of the payment of additional fees.
"Service Offering (s)" means the different service options offered by Multi Computech Systems for the Products or any part of them and for varying periods, as described in Multi Computech Systems's published literature, including Customer's Invoice and/or Multi Computech Systems's Service Description.
2. Exceptions to Service & Support
2.1 Multi Computech Systems shall provide repair services that are necessary because of any existing defect or a defect occurs in materials or workmanship in the system or in any system component covered by this Agreement. Preventive maintenance is not included. Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than Multi Computech Systems (or its authorized representatives) are not included.
2.2 Unless expressly provided by mutual agreement of Multi Computech Systems and the Customer in writing and/or by the terms of a Service Description, Multi Computech Systems's service and support do not include support which is necessitated as a result of any cause other than a result of Multi Computech Systems's neglect or fault, including, without limitation:-
(a) Failure or fluctuation of electric power, air conditioning, humidity control or other environmental conditions; or
(b) Accident, transportation, neglect, misuse, abuse or default of or by the Customer its employees or agents or any third party, including but not limited to broken or cracked plastics; or
(c) Any fault in any products or components which are not supplied by Multi Computech Systems, whether or not
(i) They form part of a Customer's configuration of the Products; or
(ii) They comprise the Customer's configuration and the Products form an integral part of them; or
(d) Any fault in attachments or associated products or components (whether or not supplied by Multi Computech Systems) which do not form part of the Products covered by this Agreement and/or under the relevant Service Offering; or
(e) Any fault in the Products caused by the failure of any products or components not supplied by Multi Computech Systems; or
(f) Act of God, lightning, fire, flood, war, act of violence or any similar occurrence; or
(g) Any attempt by any person other than Multi Computech Systems personnel or any person authorised by Multi Computech Systems (via the telephone or otherwise) or an authorised Multi Computech Systems sub-contractor, to adjust, repair or support the Products.
2.3 Unless expressly provided by mutual agreement of Multi Computech Systems and the Customer in writing and/or by the terms of a Service Description, Multi Computech Systems's service & support do not include:-
(a) support of non-Multi Computech Systems branded Products (even though they may have been supplied by Multi Computech Systems and form part of the Product) or Products which are not standard Multi Computech Systems assemblies or configurations as defined on Multi Computech Systems's published price list. The Customer agrees that where such of the Products are covered by a relevant manufacturer's warranty to utilise that warranty for the support of such Products and in any event not look to Multi Computech Systems for such support;
(b) Services at places other than the Customer's address specified on the Invoice except where Multi Computech Systems specifically agrees otherwise;
(c) The correction or avoidance of software defects or errors or the loading or re-loading of a Customer's application software or the Customer's data or any re-configuration of the Products beyond loading the operating system software (ie basic install of the OS and Drivers using the factory supplied CDs) as carried out before shipment;
(d) Repair or renewal of diskettes, printing ribbons, typefaces or other consumable supplies;
(e) Electrical or other environmental work external to the Products; and
(f) The support of any attachments or associated products which do not form part of the Products.
2.4 Collection of Products by Multi Computech Systems, or its appointed carrier and/or its authorised sub-contractor for the purposes of this Agreement shall not be construed as invalidating the exceptions stated above and shall not imply that Multi Computech Systemsaccepts the validity of any customer's claim.
3.1 Multi Computech Systems reserves the right to replace the whole of the Products or any part or parts thereof which may be found to be faulty or in need of investigation even where only a part of the Products are so faulty or in need of investigation.
3.2 Multi Computech Systems, in effecting such replacement, is under no obligation to use Products or any parts thereof which are identical in all respects to the faulty Products. Unless local laws determine otherwise, MCS reserves the right to supply used or reconditioned parts or Products which are equivalent to new in functionality and appearance. MCS shall ensure that any Products or parts thereof used in replacement shall have substantially the same fittings and at least an equivalent specification to the faulty Products or parts thereof. MCS reserves the right to supply Products or parts thereof manufactured by whomsoever it shall, from time to time, deem appropriate.
3.3 The products or parts supplied to replace the Products shall become the property of the owner of the Products. The Products or any part or parts thereof removed shall become the property of MCS.
3.4 The warranty term for a spare part used in repairing Products ("Replacement Part") is 90 days from its installation in the Product or the remainder of the warranty term for the Product into which it is installed, whichever is longer. For the avoidance of doubt, the warranty term of a Product is not extended after its repair or replacement. Customer will pay MCS for a Replacement Part when the part replaced is not returned by Customer to MCS within 10 days after the date the Replacement Part was delivered to Customer by MCS. Prices of the part replaced will be at MCS's then current standard price in the Territory.
3.5 The provisions of this Agreement shall apply to all replacements of any part or parts of the Products made by MCS during the continuance of this Agreement.
4. Customer's Obligations
4.1 During the continuance of this Agreement, the Customer shall:-
(a) Provide MCS with full, safe and prompt access to the Products to enable MCS to carry out its obligations under this Agreement.
(b) Provide adequate working space around the Products for the use of MCS's personnel and make available all reasonable facilities as may be requested from time to time by MCS for the storage and safe keeping of any test equipment and spare parts.
(c) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by MCS's personnel which is not used for any other testing, diagnostic and remedial purposes at the Customer's expense.
(d) Use all reasonable endeavours to provide a suitable vehicle parking facility for use by MCS's personnel which is free from any legal restrictions and which is immediately close to the Location.
(e) Ensure, in the interest of health and safety, that MCS 's personnel are met promptly by a member of the Customer's staff and while on the Customer's premises for the purposes of this Agreement, are at all times accompanied by a member of the Customer's staff familiar with the Customer's premises and safety procedures.
(f) Make available to MCS , free of charge, all facilities and services reasonably required by MCS to enable MCS properly to provide the Services under this Agreement.
(g) Provide such telecommunication facilities as are reasonably required.
4.1.2 Use and Care
(a) Make sure that proper environmental conditions (in particular those (if any) defined in the relevant Product user manuals) are maintained for the Products and shall further maintain in good condition the place where the Products are situated, the cables and fittings to the Products and associated with the Products, and the electricity supply thereto.
(b) Save for discrete additions generally recognised as being compatible with the Products, not make any modifications to the Products without MCS 's prior consent.
(c) Ensure that the Products are used in a proper manner, in accordance with the Product user manuals and by competent trained employees only or by persons under their supervision.
(d) Ensure that the external surfaces of the Products are, where appropriate, kept clean and in good condition and shall carry out any minor maintenance requirements recommended by MCS (or recommended in the relevant Product user manual) from time to time.
(e) Save as aforesaid, and except when operating under:
(i) a MCS ell Agreement or in accordance with a Service Offering which provides otherwise; or
(ii) under instructions from the MCS Telephone Support; not attempt to adjust, repair, support or maintain the Products and shall not request, permit or authorise anyone other than MCS or the manufacturer of the Products (where such Products are under a warranty from a manufacturer other than MCS ) to carry out any adjustments, repairs, support or maintenance of the Products.
(f) Use on or with the Products only such accessory, attachment, component or additional equipment or products as MCS recommends, or are recommended in accordance with the Product user manuals, or are commonly and properly used on or with the Products.
(g) Not use in conjunction with the Products any accessory, attachment, component or additional equipment or products other than those which have been supplied or approved by MCS for use in the manner proposed, or which are specifically approved as compatible by the relevant Product user manuals.
4.1.3 Notification and Information
(a) Promptly notify MCS if the Products need service or are not operating correctly. Failure by the Customer to notify MCS within 2 weeks of the Customer first becoming aware of such failure or incorrect working shall free MCS from all obligations to investigate or correct such failure or incorrect working.
(b) Make available to MCS , free of charge, such information as may be necessary to enable MCS properly to conduct telephone diagnosis as part of the MCS Telephone Support service, and in addition, such programs, operating manuals and information to enable MCS properly to perform its obligations under this Agreement and shall use its best endeavours to provide staff familiar with the Customer's programs and operations, which staff shall co-operate fully with MCS personnel operating MCS 's Telephone Support or present on-site, as the case may be, in the diagnosis of any malfunction of the Products.
Database and Software Keep full security copies of any of the Products comprising Software and of the Customer's programs, databases and computer records in accordance with best computing practice and in any case before requesting Services from MCS . The Customer acknowledges that they are responsible for re-loading their own application software after any such Services have been provided. It is the Customer's responsibility to backup data on the system. MCS will not be responsible for loss of or damage to data or loss of use of any of the computer or network systems.
4.2 The Customer must grant the service technician full access to the system and (at no cost to MCS ) have working space, electricity and a local telephone line. If these requirements are lacking, MCS is not obligated to provide service. In addition, MCS is not obligated to provide service if the Customer fails to provide an environment that is conducive to computer repair, including for example, if the Customer insists on service to be provided at varying locations, if the Customer fails to properly restrain a pet, if the Customer threatens MCS technician either verbally or physically, or if the Customer location or the general area where the system is located is dangerous, infested with insects, rodents, pests, biohazards, human or animal excrement and/or chemicals as reasonably determined to be unsafe by MCS technician.