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	PROUDLY   SOUTH   AFRICAN   BEE  BUSINESS   ENTERPRISE

	3 Grey Ridge Road, Avoca, 4051
	P.O. Box 47749, Greyville, 4023
	Tel : +2731 563 1399
	Fax : +2786 685 3739
	E-Mail: support@quiktronix.co.za		Computer Sales & Services
	Website: www.quiktronix.co.za		Reg.No: CK2002/077367/23	Vat.Reg.No: 4440202564

Standard Hardware Maintenance Agreement

TERMS AND CONDITIONS

1.        This agreement may be terminated by either party giving to the other three months prior notice in writing of such termination. This Contract does not include Parts.

2.        QUIKTRONIX c.c hereinafter referred to as QUIKTRONIX Agrees:

2.1      To provide an “on call” maintenance service between 8.00am and 4.30pm Monday to Friday excluding public holidays with a maximum response time of 24 hours of receiving the call. (Unless Otherwise Agreed)

2.2      To make such visits as are considered by Quiktronix to maintain the equipment in good working order.

3.        The Customer Agrees:

3.1      To care for the equipment, house it in suitable premises, under suitable conditions and to follow instructions on these and operating matters as QUIKTRONIX gives from time to time and to use only stationery, ribbons and magnetic media as approved by QUIKTRONIX.

3.2      To provide an adequate, clean electrical supply at the point of installation of each piece of equipment.

3.3      To inform QUIKTRONIX of any faults or damage immediately upon discovery and to make the equipment available to QUIKTRONIX personnel immediately upon their arrival at site.

3.4      To allow the equipment to be taken to QUIKTRONIX workshop for repairs when considered necessary by QUIKTRONIX technicians.

3.5      To make no alterations or modifications nor install any attachments to the equipment without the written consent of QUIKTRONIX and to allow only QUIKTRONIX personnel to carry out repairs, adjustments or modifications to the equipment.

3.6      To allow only QUIKTRONIX personnel to move the equipment.

3.7      That should the customer fail to comply with any one or other of the obligations imposed on them in terms of this agreement, they shall be

3.8       Liable to QUIKTRONIX for any costs, loss or damage incurred or suffered by QUIKTRONIX.

INITIALS:

3.9      That the customer shall not be entitled to cede, assign or transfer any of its right or obligations herein without the written consent of QUIKTRONIX first having been obtained.

3.10    That the customer will be responsible for data backups.

3.11    To having an updated anti-virus program installed and updated at regular intervals.

4.         Exclusions:

This agreement specifically excludes:

4.1       The supply, recovery or maintenance of appilcation software.

4.2       The Supply of Parts.

4.3       The supply and fitting or repair of accessories and/or consumable items such as stationery, ribbons, removable magnetic media, cabinets or cables.

4.4       Services necessitated by: Fire, accident, flooding, or any natural disasters, electrical supply faults or fluctuations, operating errors, abnormal operating conditions  such as temperature and humidity extremes or radio frequency interference, connection of unauthorized ancillary equipment, abuse, neglect, moving installation and/or transportation of equipment.

4.5       Maintenance and training of application software.

4.7       Travel costs outside the 50KM radius of Durban Central.

4.8       Consumables & Software Updates.

4.9       Servers.

5.         CHARGES:

5.1      The Maintenance charges are payable in advance (i.e. on receipt of invoices) to QUIKTRONIX free of exchange and duties at the offices at QUIKTRONIX.

5.2      QUIKTRONIX shall be entitled to increase or decrease the amount of the premiums and/or other service charges, once per annum, after the first twelve-month period of this agreement.  This increase will be subject to negotiation and will be subject to QUIKTRONIX giving the Customer three months prior written notice of such increase or decrease.

5.2.1  Any additional equipment purchased from QUIKTRONIX is deemed to form part of this existing Service MAINTENANCE AGREEMENT. Charges will be adjusted in accordance with the equipment purchased.  This is subject to the customer being given three months prior notice of the adjusted charges.

5.3    Should the Customer refuse to accept any increase in premium as determined by QUIKTRONIX, the Customer may cancel the agreement as specified in Clause 1.

             INITIALS:

5.4       In the event of the Customer failing to effect payment of any monies due in terms of this deed or breaching any other or the provisions hereof and failing to effect   payment of such monies or rectify such breach within seven days of QUIKTRONIX posting a registered notice calling upon the Customer to effect such payment or remedy such breach, and in that event be entitled to A) forthwith cancel this Agreement, B) retain payment of all monies received by QUIKTRONIX in payment of any maintenance charges, C) Claim payment of any damages sustained by QUIKTRONIX arising from Cancellation of this agreement, D) charge interest on any sums payable Under this agreement which are in arrears for more than 30 days on a day-to-day basis from the original due date at a rate of two percent above the ruling bank rate.

5.5       In the event of the equipment being moved from the site address that is written in the agreement to an address beyond a 50km radius from a QUIKTRONIX service point, the Customer agrees to pay the prescribed difference in premium.

5.6      If labor hours exceed the number of hour stipulated in the contract then a minimum charge of R250.00 per hour of labor and traveling Cost at R3.00 per kilometer will be charged to the client.  (The above prices will only apply to contract Clients)

6.        Witholding of payment:

6.1      The Customer shall not under any circumstances be entitled to withhold or defer payment of any maintenance charges or any other monies due by virtue of any alleged claims against QUIKTRONIX or by the equipment being in a defective condition or falling into disrepair or for any other reason whatsoever.

6.2      Any objection or queries in respect of any invoices rendered by QUIKTRONIX must be furnished to QUIKTRONIX in writing within eight days after receipt by the  Customer, failing which the Customer shall be deemed to have accepted the provisions of the aforesaid invoice.

7.        General:

7.1      QUIKTRONIX shall have the right to cede, assign or transfer any of all rights and obligations under this agreement to a third party, only with the customer’s consent, which will not be unreasonably withheld.

7.2      The Customer shall not have the right to cancel this agreement because of any delay or default in performance if such delay or default is caused by conditions beyond the control or QUIKTRONIX, including but not limited to Acts of God, Government restrictions, continuing domestic or international problems such as wars or insurrections, strikes, boycotts, fires, floods, work stoppages, embargoes and/or lack of materials.

                  INITIALS:

8.        Indemnity:

QUIKTRONIX does not accept any responsibility for loss or replacement of data caused by any machine malfunction or operator error.

9.        Liability:

The liability of QUIKTRONIX for faulty execution of maintenance rendered under this agreement as well as damage suffered whether directly or indirectly as a result of such maintenance, will be limited to rectifying, free of charge, the faulty execution or damage on the equipment to be maintained in terms of this agreement, provided QUIKTRONIX management personnel are notified immediately of the damage or faulty execution.  This liability will be considered completely discharge if the Customer or any third party attempts to correct such faulty execution or damage without the prior written approval of QUIKTRONIX.All or any other liability on the part of QUIKTRONIX arising from any cause whatsoever is specifically excluded.

10.      Warranty:

QUIKTRONIX warrants that the Maintenance Service and any extra maintenance provided under this agreement including the fitting of spare parts and modifications will be performed in a workmanlike manner and that all spare parts or modifications fitted to the equipment will be of good design, workmanship and material.

11.      No Representations:

The Customer acknowledges that no warranties or representatives were furnished by or on behalf of QUIKTRONIX apart from those obtained in this agreement and that this forms the entire agreement between the parties in regard to the maintenance of the equipment.

12.       Implementation:

• LABEL EQUIPMENT WITH A REFERENCE NUMBER WHERE NO SERIAL NUMBER EXISTS.
• COMPLETION OF FORMS TO REGISTER EQUIPMENT THAT WILL BE MAINTAINED UNDER THIS AGREEMENT AND ATTACHED.

INITIALS:

CUSTOMER NAME :                                                                      

PHYSICAL ADDRESS:                                                                   

TEL:                                                              

CONTACT PERSON:                                                                       

SIGNED FOR CUSTOMER: __________________________________

PRINT:                                                                                                                   

TITLE:                                                                                                                   

COMPANY STAMP:

SIGNED FOR QUIKTRONIX: _________________________________

PRINT:                                                                                                                 

TITLE:                                                                                                                  

COMPANY STAMP:

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