Onsite Service Plan Terms and Conditions
Customer (as stated under Company Name), hereby orders annual repair services from SATO America, LLC. (SAL), 10350-A Nations Ford Road, Charlotte, NC 28273. SAL agrees to provide such repair service(s) on the equipment listed under the EQUIPMENT COVERED table (on previous page), subject to the terms and conditions contained herein.
THE TERMS AND CONDITIONS ARE PART OF THIS PLAN:
Customer acknowledges that this Plan has been read and understood, and agrees to be bound by its terms and conditions. Customer further agrees that this Plan is the complete and exclusive Agreement between the above parties relating to the subject of annual repair service. SAL hereby rejects any additional or different terms or conditions proposed by Customer, whether or not contained in any of Customer’s business forms or in Customer’s website, and such additional or different terms and conditions shall be void and of no effect unless in a writing specifically agreed to by SAL referring to and agreeing to the change. Customer’s acceptance of SAL’s services shall constitute its acceptance of these Service Plan Terms and Conditions. Any changes to these terms and conditions must be in writing clearly identifying the change and signed by SAL. SAL reserves the right to assign this Plan.
This Plan applies exclusively to working equipment in good condition, subject to acceptance by SAL at its sole discretion. SAL shall accept functional equipment under Plan without exception providing that: a) Customer furnishes written, authorized documentation of existing maintenance contract(s) on equipment by qualified service provider, and b) expiration date of existing contract shall not exceed thirty (30) days prior to this Agreement’s Initial Plan Period. During the first thirty (30) days of Initial Plan Period, a) all parts used for any covered repair shall be billable unless proof of existing contract coverage is furnished as above, and b) all parts used for any covered repair and applicable labor fees shall be billable if equipment is deemed unacceptable for Plan standards. SAL reserves the right to cancel this Plan at any time with a thirty (30) day written notice to plan holder. Upon cancellation, SAL will pay Plan holder a pro-rated refund of the contract amount indicated above.
The term of this Plan shall be for the above stated “Initial Plan Period.” Thereafter, at Customer’s written request and subject to acceptance by SAL at its sole discretion, this Plan may be renewed for additional successive one (1) year period(s) at annual charges to be determined by SAL and quoted to the Customer. In the event of such renewal, Customer agrees, at SAL’s request, to execute an applicable extension contract of this Plan.
SERVICES PROVIDED - ADDITIONAL CHARGES:
During its normal business hours, SAL will provide the labor and materials to repair the equipment listed under the EQUIPMENT COVERED table (on previous page). Repair service hereunder without charge is limited to repairs required due to defects in material, equipment and workmanship during the term hereof. Repairs which are not covered by this Plan, as listed under “Exclusions,” will be charged at the applicable time and material rates determined by SAL.
Services provided by SAL under this Plan do not include printheads and/or repairs or replacement of parts caused by: a) Unauthorized tampering with equipment; b) Use of equipment other than the use for which it was designed; c) Accidents or disasters, including but not limited to, fire, flood, lightning or neglect; d) PC or mainframe connectivity issues; e)Software or media issues.
DISCLAIMER AND LIMITATION OF LIABILITY:
SAL shall not, under any circumstances, be liable to Customer or any other party for lost profits, diminution of goodwill or any other special or consequential damages whatsoever with respect to any claim hereunder.
(A) SAL shall have no obligation hereunder in the event of any default by Customer in payments required to be made hereunder.
(B) SAL shall have the right to modify these terms and conditions to be effective during any extension period(s) hereof subsequent to the initial Plan period. Customer agrees that such modifications, if any, shall be applicable to any such extension period.
(C) SAL services provided outside the scope of this Plan will be furnished at SAL’s applicable time and material rates then in effect.
ONSITE SERVICE RESPONSE TIME:
on-site response time shall be normal business hours within 48 hours of service request; next business day response time shall be normal business hours within 24 hours of service request. Normal business hours are defined as Monday through Friday from 8 a.m. to 6 p.m. local time.
LIMITATION OF LIABILITY
In no event shall SAL be liable to Customer for any indirect, special or consequential damages or lost profits arising out of or relating to this Plan, SAL’s products, performance, or breach thereof, even if SAL has been advised of the possibility thereof. SAL’s liability, if any, to Customer and/or their customers hereunder shall, in no event, exceed the total amounts paid to SAL hereunder by the Customer for a defective product. In no event shall SAL be liable to Customer for any damages resulting from or related to any failure or delay by SAL in the delivery or installation of the computer hardware, supplies or software, or in the performance of any services under this Plan.
The remedies set forth in this Plan are the sole and exclusive remedies available to any person for any damages of any kind and nature including incidental, consequential or special, whether arising from warranty (including any implied warranties), contract, negligence, tort or otherwise. In the event any implied warranties (including, but not limited to the implied warranties or merchantability and fitness for a particular purpose) are found to exist, such warranties are limited in duration to the period of the warranties contained in this Plan. Some states do not permit the exclusion of incidental or consequential damages. In those states the foregoing limitations may not apply. The warranties contained in the Plan give you specific legal rights; you may have other legal rights, which vary from state to state.
If this Agreement has been active fewer than thirty (30) days and there has been no activity (servicecalls/repairs) on the Plan, the full amount of purchase price will be credited. If this Agreement has been active more than thirty (30) days and there has been no activity on the Plan, a pro-rated credit will be issued. In the event that service has been performed at any time during the Plan Period, charges for time and material/flat rate (whichever is applicable) will be subtracted from any possible credit. No credits will be issued after the first one hundred and eighty (180) days of the Plan Period.