Hardware Maintenance Addendum
Below is a typical 'Hardware Maintenance Contract' as used by ATM in conjunction with our Hardware Maintenance Services. However this addendum may vary according to the exact nature of your contract with ATM and, as with all of ATM's services, will be designed to meet your needs whilst making the contract acceptable to both parties. This document should be read in conjunction with the 'Framework Agreement'.
This is an Addendum to the Framework Services Agreement between ATM Ltd (hereinafter referred to as ATM) and .................... (hereinafter referred to as the Customer) WHEREAS the Parties agree that during the continuance of this Addendum ATM will supply and the Customer will accept ATM's Hardware Maintenance Services on the terms and subject to the conditions of the Framework Agreement and this Addendum:
1. SERVICE TERM
This Addendum shall come into force on ....................and shall remain in force for a period of years, unless terminated earlier in accordance with the provisions of this Addendum or Clause 6 of the Framework Agreement ("Initial Period").
Thereafter it shall remain in force from year to year until either party terminates it under clause 6 of the Framework Agreement or by giving the other party not less than three months notice in writing, such notice to expire on the anniversary date of the expiry of the Initial Period or any subsequent anniversary.
2 SCOPE OF WORK
For "the Equipment" specified in the Hardware Maintenance Schedule attached to this Addendum, or as varied from time to time pursuant to this Addendum or by agreement in writing, ATM shall provide between the hours of 0900 and 1700 Monday to Friday (excluding statutory holidays) or as indicated on the Schedule, a maintenance service as follows:-
(a) Preventative maintenance that ATM shall deem necessary to keep the Equipment in working order. This will normally be executed in conjunction with a fault call.
(b) To perform on-site remedial maintenance required due to fair wear & tear to the Equipment, including, where necessary the replacement of worn or defective parts. ATM will adhere to the original manufacturers specification and recommended parts or if not available ATM specification and recommended parts. Any parts removed from the Equipment for replacement by ATM shall become the property of ATM and the replacing part shall become the property of the Customer. ATM reserves the right to send to the Customer replacement items such as keyboards, mice and monitors for installation by the Customer. The Customer agrees to package the faulty items in the same packaging for subsequent collection (to be arranged at ATM's cost).
(c) For Systems unless otherwise agreed and documented in the Schedule the service is limited to the Hardware repair and the re-loading of the previously installed operating system, the media for which is to be supplied by the Customer at the time of the hardware resolution.
(d) To use every reasonable effort to respond by remote access, telephone or on-site as deemed appropriate by ATM and to use every reasonable effort to complete the repair or provide loan equipment within the response time and fix time respectively, as indicated on the Schedule.
(e) Response and or fix times are counted during the hours of cover only.
(f). ATM may as its option and prior agreement with the Customer remove the Equipment requiring remedy to ATM's premises for further maintenance work. Where necessary ATM will endeavour to provide a temporary replacement, subject to availability.
3 SERVICE EXCLUDED
(a) Restoring the Equipment into a substantial and proper working condition at the commencement of the service provided .
(b) Any remedial maintenance and replacement parts resulting from and necessitated by: -
(I) Accident to, neglect, misuse either by the Customer or other third party.
(ii) Acts of God, fire, flood, failure of electrical power, outbreak of war, civil commotion and riot.
(iii) The fitting of accessories or parts which are not compatible to the Equipment.
(iv). Modifications and/or alterations by the Customer or other third party.
(c) The fitting and furnishing of upgrades and design modifications.
(d) Software Support and Data Retrieval
(e) The fitting, furnishing of or repair resulting from, consumable supplies. Consumable supplies specifically includes, but is not limited to, toner cartridges, ribbons, batteries that provide system power, filters ,print heads, printwheels and items deemed by the manufacturer as periodically requiring replacement.
4 REFURBISHING
If at any time in ATM's opinion an item of the Equipment can no longer be subject to economic repair, ATM shall submit an estimate of the refurbishment cost to the Customer for approval. If no agreement is reached within a month for the work to proceed ATM may delete that Equipment from the schedule without further notice. This clause specifically includes but is not limited to laptop hinges where they are an integral part of the device and replacement would also involve the screen replacement and CRT's suffering from ageing or burn in.
5 SUBCONTRACTED EQUIPMENT
In the event that ATM, with the consent of the Customer, sub-contracts the maintenance of any item of Equipment to a third party the Equipment so covered will be maintained in accordance with the subcontractor's maintenance conditions which ATM will provide to the Customer on request.
6 CUSTOMER OBLIGATIONS
The customer shall:
(a) Keep and operate the Equipment in accordance with the manufacturers recommendations with particular reference to environmental conditions, use of ancillary or peripheral Equipment and normal usage and shall not attempt to repair the Equipment.
(b) Ensure that all software and data files are adequately replicated in accordance with applicable licences.
(c) Notify ATM of any Equipment and/or Media that will not be allowed to be removed from site for security reasons. The maintenance and repair of such items will be subject to additional charges at ATM current list price.
7 CHARGES AND PAYMENTS
a) The charge(s) indicated in the Schedule(s) refer to the monthly charge unless otherwise stated.
b) The charge(s), unless otherwise stated in writing, are payable annually in advance and thereafter-in compliance with the agreed payment conditions.
c) Where warranty benefit has been taken into account on any unit charges such benefit will automatically terminate when the warranty expires and ATM will adjust the charges accordingly. Such adjustments to the charges will not be subject to notification to the Customer.
8. IMPLEMENTATION
During the initial phase of a contract and whilst extra resources are being acquired, the service supplied may not be of ATM's normal standard. This period termed as "Ramp Up" could be up to 6 weeks. For this period any service levels agreed will not apply.
9. ADDITIONAL OR DELETED EQUIPMENT
Customer may add new equipment to the schedule by agreement with ATM. Charges for such equipment will accrue on a pro rata basis from the date of such additions.
Either party may delete Equipment from the schedule provided 90 days prior notice is given in writing and subject to such equipment having been on the schedule for a minimum period of 1 year. The charges shall be renewed accordingly provided that the annual charges due under this Addendum shall not fall below those of the first year.
Should ATM require it a new addendum may be drawn up and agreed to cover additional equipment or the modified schedule.
In witness whereof each of the parties has caused the Agreement to be executed by its duly authorised representative as of the date below:
Date................................................................
For ATM
Signed............................................................
Name..............................................................
Title.................................................................
For CUSTOMER
Signed.............................................................
Name...............................................................
Title..................................................................