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Equipment Supplied
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N Whereas the owner has requested Detectnology (UK) Ltd. to maintain radio telephone equipment (particulars whereof are set out in the schedule hereto and which is hereinafter referred to as the said equipment) which it is agreed as follows:
1. DETECTNOLOGY (UK) LTD’S OBLIGATIONS:
1.1 Detectnology (UK) Ltd.. will during the continuance of this Agreement undertake to maintain in working order the equipment defined in the schedule of the Agreement.
1.2 In the case of base stations and other fixed equipment to make one preventative inspection per year at location of equipment per clause 15.
1.3 In the case of mobile stations, portable and non-fixed equipment to make one preventative maintenance inspection per year at Detectnology (UK) Ltd.. or at location of equipment per clause 14.
1.4 Repair faults in the equipment which may occur between routine inspections.
1.5 To provide the service defined under paragraphs 1.1 to 1.4 inclusive during the working hours from 09.00 until 17.30 hours Monday to Friday inclusive and with the exclusion of public holidays. If called upon to carry out service inspection or repairs outside the terms specified on the schedule Detectnology (UK) Ltd.. will charge such work at mileage, material and labour rates prevailing at the time of each call.
1.6 Detectnology (UK) Ltd.. shall include the labour and materials required to repair equipment which has become defective through normal wear and usage.
1.7 The said equipment will be maintained by Detectnology (UK) Ltd. or its subcontractor in accordance with these standards:
1.8 Time and place of maintenance work. Maintenance on the base stations and other fixed equipment shall be performed at the location of the equipment. Mobile units, removable equipment, portables and paging receivers shall be delivered by the owner to the place of service indicated on the schedule of this Agreement.
2. OWNER’S OBLIGATIONS:
2.1 To allow Detectnology (UK) Ltd. proper facilities for carrying out routine maintenance inspections and repair.
2.2 To remove faulty equipment including control units, data units, radio units and power supply units from the vehicle and bring them to a central point as specified on the equipment schedule.
2.3 In cases where work is to take place on the vehicle installation to afford proper facilities for this to be achieved with the minimum delay.
2.4 To arrange for vehicles and non-fixed equipment to be made available in accordance with a mutually agreed timetable for the purpose of routine maintenance inspections.
2.5 To return portable equipment and paging receivers to the place indicated on the schedule to this Agreement.
2.6 For base station and other fixed equipment locations the owner shall furnish, heat, light and power as necessary.
3. MAINTENANCE CHARGES:
The maintenance charges for the initial period will be as indicated on the attached schedule. Subsequent annual reviews to the maintenance charges or changes to the schedule will be advised to the owner by means of an amended schedule.
4. DURATION and TERMINATION:
This Agreement is made for an initial period of one year and shall continue on an annual basis inclusive of any amendments subject to the right of either party to terminate with a 28 day written notice sent to the other party.
5. DEFAULT:
If the owner shall make default in punctual payment of the sums to be paid by him or if the owner shall fail to observe or perform the terms and conditions of the Agreement then, and in any such case, Detectnology (UK) Ltd. shall be entitled to determine the Agreement forthwith but without prejudice to the rights which may have accrued to Detectnology (UK) Ltd. down to the date of such determination.
6. RIGHT TO SUBCONTRACT:
Detectnology (UK) Ltd.. shall have the right to subcontract in whole or in part the maintenance work called for by this Agreement. However, Detectnology (UK) Ltd. shall not be relieved of any liability under this Agreement on account of subcontract. Detectnology (UK) Ltd. will notify the owner of the name and address of each subcontract subsequently referred to as the D.S.S. (Detectnology Service Station), see clause 14 of the Agreement.
7. Interruption of Service:
The owner shall notify the D.S.S. in the event of the failure of any unit. If the D.S.S. fails to repair the unit within a reasonable time, the owner shall notify the Detectnology service manager (D.S.M.) as defined in clause 16 of the Agreement. After said notice from the owner to the subcontractor and to the Detectnology S.M. Detectnology shall be liable for any interruption or interference affecting the use of or transmission through the equipment maintained to the extent of a pro rata allowance based on the maintenance fee for the time such interruption or interference is attributable to the fault of Detectnology (UK) Ltd. or its subcontractor. Detectnology (UK) Ltd. does not assume and shall have no liability under their Agreement for failure to provide for or delay in providing maintenance for the equipment due directly or indirectly to cause beyond the control and without the fault or negligence of Detectnology (UK) Ltd. including, but not restricted to, acts of God, acts of Government, acts of public enemy, restricting or unlawful acts of the owner, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, riots, political or religious disturbances, strikes, freight embargoes and unusually severe weather conditions, or defaults of Detectnology (UK) Ltd.’s subcontractors, due to any such causes.
8. WAIVER:
Failure or delay on the part of Detectnology (UK) Ltd. or the licensee to exercise any right, power or privilege hereunder shall not operate as a waiver hereof.
9. PRIOR NEGOTIATIONS:
This contract constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements.
10. AMENDMENTS:
No revision of the Agreement shall be valid unless made in writing and signed by the D.S.M. Amendments will be issued on an annual basis to reflect any changes due to review of rates, and on an as and when basis, to reflect additions or deletions to equipment schedule.
11. ASSIGNMENT:
No assignment or transfer in whole or in part of the Agreement shall be binding upon Detectnology (UK) Ltd.. without its written consent.
12. EXCLUSIONS:
This maintenance Agreement does not include the following:
Such maintenance or other work required to deal with the above exclusions may be furnished upon request at mileage, material and labour rates prevailing at the time of each call.
13. THE SCHEDULE OF EQUIPMENT:
The schedule of equipment shall be as defined on the reverse of this sheet and subsequent amendments issued in accordance with clause 10 of this Agreement.