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Terms and Conditions of Service
Anyone who uses the services of Repair Operations including individuals, departments,
and affiliates -- is required to sign our standard service agreement. The wording
of the agreement is reproduced below.
1. Prepaid Service
a) Service Description
Except as otherwise stated below, if Customer has
prepaid service, UIS will, at UIS's cost, provide the repairs
that UIS deems appropriate to restore the item or Equipment
to working condition.
(i) On-Site Service: UIS will provide repair service for the
Equipment at the location of the Equipment during business
hours in accordance with the normal response time. Equipment
may not be relocated without UIS's prior written consent.
(UIS may terminate the agreement and Customer shall receive
no refund.) Refunds are not available if Equipment is sold,
stolen, etc.
(ii) Carry-In Service: Customer must bring the Equipment to
the authorized service location.
b) Procedures for On-Site Service
A call must be placed describing any malfunction.
UIS may request remedies be attempted by the Customer before
scheduling a service call. Written proof of entitlement to
prepaid or warranty service shall be provided if requested
by UIS.
c) Exclusions
The following are excluded from prepaid service,
and if provided by UIS shall be deemed billable service subject
to Section 2 below: (i) repair work caused by Customer misuse
of the Equipment; (ii) operating supplies and accessories;
(iii) repair to case parts; (iv) work external to the equipment;
(v) routine adjustment and maintenance; (vi) damages not caused
by UIS, including, without limitation, damage caused by accident,
transport, neglect, abuse, environmental conditions, lightning,
or failure or fluctuation of electrical power, use of Equipment
in a manner for which it was not intended or designed, and
failure to follow manufacturer's recommendations regarding
use of Equipment; (vii) installations of upgrades or revisions;
(viii) repairs caused by software problems or by equipment
not covered by this agreement; (ix) false service calls for
On-Site Service; (x) service during non-business hours; and
(xi) repairs necessitated by attempted repairs by non-UIS
personnel.
2. Billable Services
Billable
service includes any repair which is not prepaid service.
If billable service is being furnished, then the Customer
agrees to pay for the repair costs (labor, parts, and travel)
at UIS's Prices. UIS may retain Customer's Equipment until
the repair costs are fully paid. Estimates are not binding
on UIS unless stated in writing. UIS shall have the right
to charge its minimum repair charges at UIS's Prices.
3. Eligibility for Service
Only serviceable
equipment in good operating condition and accepted by UIS
may be covered under this prepaid service agreement. Advance
inspection is required and will be subject to applicable fees
when performed on-site. UIS may terminate prepaid service
if the Equipment is utilized in improper environmental conditions
or has been mishandled or misused. Equipment under the Carry-In
Service Plan must be used and located in the contiguous 48
states of the United States of America. All fees related to
transportation of equipment, beyond the terms of this agreement,
must be borne by Customer. This agreement shall be effective
only after the date that UIS signs on page one indicating
that UIS accepts the Equipment for service.
4. Service Term
If Customer has On-Site or Carry-In Service, the initial term
of this agreement shall commence on the date UIS accepts the
Equipment (the "Start Date") and (if not sooner terminated)
shall terminate on the specified expiration date. Thereafter
this agreement may be extended for additional twelve-month
periods upon written request to UIS and payment of the annual
fee prior to the Expiration Date. If the annual service fee
is not paid prior to expiration, UIS may inspect and test
the Equipment to determine if it is eligible for service.
Customer shall pay the cost of any inspection and test according
to UIS's Prices. UIS may reject any equipment which is not
eligible for service. This agreement is not transferable.
5. Repair Parts
Any replacement parts used for repairs may, at UIS's discretion,
be new parts or used new used, or refurbished parts of comparable
quality. Replacement parts installed in the Equipment shall
become Customer's property; parts removed from the Equipment
shall become UIS's property.
6. Service Responsibility of UIS
UIS's obligation under this agreement is to endeavor to restore
failed Equipment to working condition. Repair service may
be provided by UIS or its subcontractors and agents. At any
time, UIS may terminate this agreement if UIS determines that
repair of the Equipment is impractical and would require extraordinary
efforts. In this instance, UIS shall refund a share of the
prepaid annual service fee for the unexpired portion of the
service term prorated by monthly increments.
7. Limitation of Liability
Disclaimers UIS disclaims all warranties, including all implied
warranties of merchantibility and fitness for a particular
purpose. UIS shall not be liable to customer or any other
person for any loss or damage of any kind related to this
agreement including, but not limited to, out-of pocket expenses,
any consequential damages, inconvenience, loss of data, loss
of profits, loss of use, emotional stress, physical injury,
or damage to software or hardware. In no event shall UIS be
liable for delay in performing its obligations hereunder.
UIS will endeavor to comply with the applicable response time
and to perform timely repairs, but UIS will not be liable
for failure to do so. UIS makes no warranty expressed or implied
that it will be able to repair the Equipment. Any right of
Customer to recover for loss or damages to property caused
by UIS's fault or negligence shall be limited to the lesser
of either the fair market value of Equipment prior to loss
or damage or $10,000. Any action against UIS must be brought
within twelve months after the cause of action occurs.
8. Business Hours
"Business Hours" shall be from Monday through Friday (excluding
legal holidays) from 8:30 a.m. to 5 p.m. for drop-off at our
carry-in service center and from 9 a.m. to 5 p.m. for all
other services, or as specified by UIS from time to time.
9. Unclaimed Equipment
UIS may impose a daily storage fee for equipment not claimed
by Customer within seven days after repairs days are completed.
UIS shall not be responsible for Customer's equipment unclaimed
after 60 days.
10. Prices
References to "UIS's Prices" are to UIS's then existing published
prices. All prices are subject to change without notice and
are exclusive of applicable sales, use, and other taxes, and
Customer agrees to pay any such taxes.
11. Warranty
UIS's repair work is warranteed against defects in workmanship
for 90 days from date of completed repair; provided, however,
that UIS's sole responsibility under this warranty is to attempt
to replace or repair (at UIS's option) the component which
fall during the 90-day period because of a defect in parts
or UIS's workmanship. For expired contracts warranty will
be available On-Site for an additional fee. Customer misuse
of the Equipment shall void this warranty
12. General
This agreement (i) shall be governed by the laws of Massachusetts;
(ii) constitutes the entire agreement between parties hereto
with respect to the subject matter hereof and can be modified
only by a document signed only by the parties; (iii) can be
terminated by UIS (without any refund to Customer) if Customer
has misrepresented any facts herein, and (iv) cannot be assigned
or transferred by Customer. Any notice hereunder shall be
in writing and signed by the party giving same, and shall
be deemed delivered (a) when delivered, if delivered in hand,
or (b) two business days after mailing it, if mailed postage
pre-paid, in either event to the respective addresses indicated
on page one. By such notice, either party may change such
address.
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