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This Agreement is made on the _________________ (date)
Between___________________________________
(company)
of address__________________________________
of_________________________________________
hereinafter referred to as the Customer
and
N.K Computer Services Ltd,
11 Woodside End
Alperton
Wembley
Middlesex.
HA0 1UR
hereinafter referred as NK
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This Agreement applies to the Equipment and location as specified in the Schedule numbered: -------- |
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This Agreement supersedes all previous agreements and arrangements between NK and the Customer in relation to the equipment as described in clause 2 hereof and no amendments or variations shall be included or implied unless expressly agreed to in writing and signed by a duly authorized officer of both parties to the Agreement. |
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This Agreement shall run for an initial period of one year and thereafter will continue for the "working life" of the Equipment or until terminated by either party giving one months notice in writing to the other; such notice to expire on an anniversary of the Agreement. The working life is normally and not less than four years}
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SERVICE PROVIDED
Between the hours of 0900 and 1700 Monday to Friday (excluding Statutory Holidays) and at NK's option (and for an additional charge) during evenings, over weekends and holidays, NK will supply a computer equipment maintenance service as follows: |
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CUSTOMER OBLIGATIONS
The Customer will: |
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Promptly inform NK of any malfunction of the Equipment, even if it does not immediately interfere with their use of the Equipment. |
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Ensure that environmental and supply conditions suitable for the Equipment are maintained in accordance with the Manufacturer's and NK's recommendations |
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Allow NK access to the Equipment and provide reasonable facilities for NK's staff and will cooperate with them in the diagnosis of the Equipment malfunction |
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Keep and operate the Equipment in a proper and prudent manner, ensuring that only competent trained employees of the Customer are allowed to operate it |
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Not move the Equipment nor make any addition, modification, adjustment or external connection to it without the prior consent of NK which consent will not be unreasonably withheld
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EXCLUSIONS |
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This Agreement does not cover repairs to the Equipment to rectify damage caused by fire, flood, theft or any other cause which is covered by the Customer's insurance or, in the event of the Customer not having the relevant insurance, would be covered by the insurance which a reasonably prudent person could have been expected to have. |
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NK reserves the right to exclude from this Agreement any equipment deemed not to be maintainable because of its age, poor condition or obsolescence. |
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Consumable items such as indicator bulbs, removable media such as floppy disks, printer ribbons and printer paper and batteries are not covered by this Agreement unless otherwise agreed in writing between the two parties. |
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NK does not cover hardware cost for laptops and printers. Customers are recommended to purchase hardware warranty from manufacturer.
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PRIOR DEFECTS
NK shall not be liable to rectify any defects in the Equipment, which existed prior to the commencement date of this Agreement.
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LIABILITY
NK accepts liability up to a maximum of £500,000 in respect of any claim or series of claims arising out of any one incident resulting in death or direct physical injury attributable to the negligence of NK its servants or agents. Subject thereto NK shall not be liable for any direct or indirect loss or damage whatsoever howsoever caused always excepting such loss and damage as cannot lawfully be excluded.
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CHARGES |
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NK's charge will be as herein stated for the first year of the Agreement. NK will give three months written notice of any variation thereafter; reviews will normally be effective from anniversary dates of the Agreement. |
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Charges are exclusive of V.A.T. and all other duties, taxes and imposts of Government which will be charged additionally. |
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A charge may be made by arrangement where substantial, significantly younger or superior replacements are provided.
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INVOICING
NK will invoice the Customer one month in advance, normally every twelve months. Any equipment added to the Agreement during the preceding twelve months will be charged immediately pro-rata to the next anniversary. The Customer agrees to pay promptly and within 30 days of invoice date all sums due therein
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DEFAULTS
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Should the customer fail to pay in full the amount invoiced within 30 days of the invoice date NK may forthwith by notice terminate this Agreement without prejudice to its pre-existing rights. |
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Whilst any payment due to NK remains overdue NK shall not be obliged to carry out any maintenance or other obligation under this Agreement. |
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In the event of either party committing a substantial breach of this Agreement and failing to remedy such breach if it is remediable upon being requested in writing so to do or if either party shall commit an act of Bankruptcy or cease to pay its debts or call a meeting of its creditors or being a limited company shall have a receiver appointed of the whole or a substantial part of it undertaking and assets or shall commence to be wound up otherwise than for the purposes of amalgamation or reconstruction then and in any such case the other party may by notice in writing forthwith terminate this Agreement but without to existing rights hereunder.
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FORCE MAJEURE
Neither party shall be under any liability for failures or delays attributable to causes beyond its control. Where such a cause makes substantial performance of the contract impossible either party shall be entitled to determine forthwith by notice in writing.
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ASSIGNMENT
NK reserves the right to assign this agreement at their own absolute discretion; subject to giving one month's notice in writing subject thereto the rights under this agreement are non - assignable.
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ARBITRATION
Any question or difference which may at any time arise between the parties hereto concerning the provisions of this Agreement, the effect thereof or the rights and duties of the parties shall be referred to a single arbitrator to be agreed between the parties hereto or in default of agreement to be appointed by the President for the time being of the Institute of Electrical Engineers and such reference shall be deemed to be for any purposes a reference to arbitration under the Arbitration Act 1950 or any statutory modifications or re-enactment thereof for the time being in force. In the case of any disputes the Customer shall not be entitled to set off sums otherwise due from him to NK not withstanding any outstanding claim against NK howsoever arising.
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NOTICE
Any notice given hereunder may b e sent by post addressed to the party to be served at its registered office for the time being and a notice so sent by prepaid recorded delivery post shall be deemed to have been received by the party to which it is addressed at the time at which it would have been delivered in the ordinary course of the post.
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This contract is in all respects subject only to English Law
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The foregoing terms and conditions are the terms and conditions on which NK enters into this Agreement and shall prevail notwithstanding any proposed variation or additional terms contained on any order or other document submitted by the customer for any service to be furnished hereunder. |
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The contract will be regularly updated and all clients should review the revised contract on the website on an annual basis when they receive copy of the invoice. |