ABC shall mean ABC (China) Electronics, Ltd. Customer shall mean the customer named in the AGREement; and Product shall collectively mean the Equipment and Software which ABC and Customer aGREe to be serviced pursuant to this Service AGREement. Such Product is listed on the first page of this AGREement.
The terms and conditions set forth on all twelve pages of this AGREement is an offer to purchase Service by Customer which shall become a Service AGREement when acknowledged in writing by ABC's Service Department; and the banking, negotiation or other use of any payment shall not constitute an acceptance by ABC. It is aGREed that Service shall be provided only on the terms and conditions contained in this AGREement. ABC shall not be bound by terms and conditions in Customer's purchase order or elsewhere unless expressly aGREed to in writing. Both parties to this AGREement aGREe that upon acceptance by ABC's Service Department, ABC's interest in the AGREement is assigned to ABC, Inc. (MINC).
3. Service Defined
ABC aGREes to provide service for the Customer for the Product listed on the first page of this AGREement. Such Products shall be serviced according to the terms and conditions on all twelve pages of this AGREement (Service). The Service shall begin and end on the dates set forth on the first page of this AGREement. ABC shall also Service other Product manufactured by MINC. or MINC's subsidiaries and purchased by customer during the term of this AGREement on the same terms and conditions set forth in this AGREement at the then current service fees for such Product. Upon delivery of such other Product to Customer, service fees for Service of such other Product shall be added to the billing cycle following expiration of the labor warranty on such other Product. In the event of loss, damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writing to ABC. In this event, Customer's obligation to pay service fees with respect to any such Product shall terminate at the end of the month in which ABC receives such written report.
Mobile Product shall be removed and reinstalled in different vehicles at Customer's request for the service fee in effect at the time of Customer's request.
This AGREement does not include service of any transmission line, antenna, tower or tower lighting, unless such work is described on the first page of this AGREement. Service shall include the labor and parts required to repair Product which has become defective through normal wear and usage. This does not include consumable and their installation. Service does not include the repair or replacement of Product which has otherwise become defective, including, but not limited to, damage caused by accidents, physical or electronic abuse or misuse, acts of God, fires or other casualty. Service performed for non-covered repairs shall be billed at ABC's above contract rate applicable for such Service. Product under contract must be maintained in environmental conditions as set forth in the Product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this AGREement.
Where telephone lines and Product are used in conjunction with ABC maintained Product, ABC shall have no obligation or responsibility for such telephone lines or Product but shall, upon request, assist the Telephone Company in repairing such upon payment at the appropriate above contract rate.
Customer shall indicate on the first page of this AGREement any Product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status.
At the expiration of twelve (12) months after the commencement of Service hereunder (or any time thereafter), if Product cannot in ABC's opinion be properly or economically repaired, because (but not limited to) excessive wear, deterioration or unavailability of parts, ABC at its sole option, upon thirty (30) days prior written notice to Customer sent by certified mail, may either: (1) remove such Product from this AGREement; or (2) may increase the price to Service such Product. Customer shall have thirty (30) days from receipt of notice of price increase to object to such increase. If Customer properly objects to such increase, ABC shall then have the option to remove such Product from coverage by this AGREement. Customer's obligation to pay Service fees with respect to Product removed from this AGREement shall terminate at the end of the month during which such Product is removed.
4. Service Standards.
The Product shall be serviced by ABC in accordance with the following standards: (i) ABC parts or parts equal quality shall be used; (ii) the Product shall be serviced at levels set forth in ABC's product manuals; and (iii) routine service procedures prescribed from time to time by ABC for its Product shall be followed.
5. Time And Place of Service.
Service shall be done at the location specified on the first page of this AGREement. Where Service is to be performed at the location of the Product, Customer shall furnish shelter, heat, light and power at these locations, Customer shall notify ABC immediately of Product failure, allow ABC full and free access to the Product, and cooperate fully with ABC in ABC's servicing of the Product. Waiver of liability by ABC against Customer or other restrictions shall not be imposed by Customer as a site access requirement. Customer shall allow ABC full and free access to the Product. Customer shall allow ABC to use necessary machines, communications, facilities, features and other product (except as normally supplied by ABC) at no charge. Mobiles and removable Product shall be delivered by Customer to the ABC Service Center indicated on the first page of this AGREement.
Each payment is due on or before the date set forth on the first page of this AGREement. ABC may terminate this AGREement by giving Customer ten (10) days notice by certified mail if Customer defaults in its payment to ABC. Customer shall reimburse ABC for all property taxes, sales and use taxes, excise taxes, and the taxes or assessments now or hereafter imposed by authority of any National or Local law, rule or regulation with respect to the Service of the Product except income taxes or other legally reimbursable taxes of ABC.
7. Right to Subcontract.
ABC shall have the right to subcontract in whole or in part the Service called for by this AGREement. ABC shall notify Customer of the name and address of each subcontractor.