MAINTENANCE OF EQUIPMENT

Standard Terms & Conditions (Maintenance of Equipment)

Whereas the owner (Customer) has requested Detectnology (UK) Ltd. (Detectnology) to maintain equipment, the particulars of which are set out in the Schedule attached and hereinafter referred to as the Equipment, it is agreed as follows:

1. DETECTNOLOGY’S OBLIGATIONS:

1.1 Detectnology will, during the period of this Agreement, undertake to maintain in working order the Equipment defined in the Schedule to this Agreement.

1.2 In the case of all fixed equipment, to make one preventative inspection per year at the location of Equipment.

1.3 In the case of portable and non-fixed Equipment, to make one preventative maintenance inspection per year at either Detectnology’s offices or at the location of the Equipment.

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 incl. during the working hours from 09.00 until 17.30 hours Monday to Friday incl. but excluding public holidays. If called upon to carry out service inspection or repairs outside the terms specified in the Schedule, Detectnology will charge such work at mileage, material and labour rates prevailing at the time of each call.

1.6 Detectnology shall provide all labour and materials required to repair Equipment which has become defective through normal wear and usage.

1.7 Equipment will be maintained by Detectnology, or its subcontractor, in accordance with the following standards:

  • Manufacturers’ parts or parts of equal quality will be used
  • Water, dust and foreign substances will be removed  
  • Equipment will not be subject to mechanical abuse
  • Equipment will be maintained at levels necessary for it to properly function as intended
  • Routine maintenance prescribed from time to time will be followed

1.8 Maintenance of fixed Equipment shall be performed at the location of the Equipment. Mobile units, removable Equipment and portable items shall be delivered by the Customer to the place of service indicated on the Schedule of this Agreement.

2. CUSTOMER’S OBLIGATIONS:

2.1 To allow Detectnology proper facilities for carrying out routine maintenance inspections and repair at the location of the Equipment.

2.2 When maintenance is required on mobile, non-fixed Equipment away from its normal place of use, to deliver all faulty Equipment to the location as specified in the schedule.

2.3 To arrange for the return of portable Equipment to the place indicated on the Schedule to this Agreement.

2.4 To furnish, heat, light and power as necessary, at the location of the Equipment.

3. MAINTENANCE CHARGES:

The maintenance charges for the initial period will be as indicated on the attached Schedule. Subsequent annual reviews of the maintenance charges will be agreed and changes to the Schedule will be advised to the Customer by means of an amended Schedule.

4. DURATION ANDTERMINATION:

This Agreement is made for an initial period of one year and shall continue on an annual basis thereafter until otherwise notified, inclusive of any amendments, subject to the right of either party to terminate (for valid reasons) giving 28 days written notice.

5. DEFAULT:

If the Customer defaults in punctual payment of the sums to be paid or if the Customer fails to observe or perform the terms and conditions of the Agreement then, and in any such case, Detectnology shall be entitled to determine the Agreement forthwith but without prejudice to the rights which may have accrued to Detectnology up to the date of such determination.

6. RIGHT TO SUBCONTRACT:

Detectnology shall have the right to subcontract in whole or in part the maintenance work called for by this Agreement. However, Detectnology shall not be relieved of any liability under this Agreement on account of a subcontract. Detectnology will notify the Customer of the name and address of each subcontractor.

7. Interruption of Service:

The Customer shall notify Detectnology in the event of the failure of any unit. After this notice, and if Detectnology fails to repair the unit in a reasonable or the specified time, 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.

Detectnology does not assume and shall have no liability under this 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 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.

8. WAIVER:

Failure or delay on the part of Detectnology 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 both parties. Amendments will be issued on an annual basis to reflect any changes due to review of rates, and also on an as-and-when basis, to reflect additions or deletions to the Schedule.

11. ASSIGNMENT:

No assignment or transfer in whole or in part of the Agreement shall be binding upon Detectnology without its written consent.

12. EXCLUSIONS:

This maintenance Agreement does not include the following:

  • The repair or replacement of Equipment which has otherwise become defective, including, but not limited to; damage caused by accidents, physical abuse or misuse of the Equipment, acts of God, fires by the neglect and omissions of others or resulting from the fitting of parts or accessories not supplied by Detectnology due to installation work, servicing or adjustments not carried out by Detectnology.
  • Responsibility or liability for interference with or from other radio services
  • Maintenance of any transmission line, antenna, crystals, channel elements, mast, tower or tower lighting, batteries, telecommunications lines or main modules etc.
  • Installation, commissioning, removal or reinstallation of the Equipment (which is covered by a separate agreement)

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 as attached and subsequent amendments issued in accordance with clause 10 of this Agreement.

14. OWNERSHIP:

The ownership of equipment remains with the Customer at all times.

15. INSURANCE:

Insurance of Equipment is the responsibility of the Customer whilst goods are on the Customers or other’s premises.

SERVICE AGREEMENT

Standard Terms & Conditions (Hire of Equipment)

Whereas the purchaser (Customer) has requested Detectnology (UK) Ltd. (Detectnology) to hire equipment, the particulars of which are set out in the Schedule attached and hereinafter referred to as the Equipment, it is agreed as follows:

1. DETECTNOLOGY’S OBLIGATIONS:

1.1 Deliver Equipment to the location specified in the Schedule to this Agreement, install and commission if required, and arrange for the removal of the Equipment at the end of the Hire Period.

1.2 Detectnology will, for the duration of this Agreement (the Hire Period), undertake to maintain in working order the Equipment defined in the Schedule to this Agreement.

1.3 To provide this service during the working hours from 09.00 until 17.30 hours Monday to Friday incl. but excluding public holidays. If called upon to carry out work or repairs outside the terms specified in the Schedule, Detectnology will charge such work at mileage, material and labour rates prevailing at the time of each call.

1.4 Detectnology shall provide all labour and materials required to repair Equipment which has become defective through normal wear and usage.

1.5 Equipment will be maintained by Detectnology, or its subcontractor, in accordance with the following standards:

  • Manufacturers’ parts or parts of equal quality will be used
  • Water, dust and foreign substances will be removed  
  • Equipment will not be subject to mechanical abuse
  • Equipment will be maintained at levels necessary for it to properly function as intended

1.6 Maintenance of fixed Equipment shall be performed at the location of the Equipment. Mobile units, removable Equipment and portable items may be performed at the location of the Equipment or delivered by the Customer to the place of service indicated on the Schedule of this Agreement.

2. CUSTOMER’S OBLIGATIONS:

2.1 To allow Detectnology proper facilities for carrying out routine maintenance inspections and repair at the location of the Equipment.

2.2 When maintenance is required on mobile, non-fixed Equipment away from its normal place of use, to deliver all faulty Equipment to the location as specified in the Schedule.

2.3 To arrange for the return of portable Equipment to the place indicated on the Schedule to this Agreement (if applicable)

2.4 To furnish, heat, light and power as necessary, at the location of the Equipment.

2.5 If the Equipment is lost, stolen, returned damaged or not in working order, then the Customer is liable for the full repair costs or replacement costs in the event that the unit is found to be beyond economical repair. Immediate notification must be made in the event of loss or damage.

3. HIRE CHARGES AND CANCELLATION CHARGES:

The hire charges for the Hire Period will be as indicated on the attached Schedule. Any extension to the Hire Period or changes to the Schedule will be mutually agreed and be advised to the Customer by means of an amended Schedule.

Cancellation charges will be applied by Detectnology in accordance with those specified on the attached Schedule for cancellation before the commencement of the Hire Period.

4. DURATION AND TERMINATION:

This Agreement is made for the duration of the Hire Period subject to the right of either party to terminate (for valid reasons) giving 28 days written notice.

5. DEFAULT:

If the Customer defaults in punctual payment of the sums to be paid or if the Customer fails to observe or perform the terms and conditions of the Agreement then, and in any such case, Detectnology shall be entitled to determine the Agreement forthwith but without prejudice to the rights which may have accrued to Detectnology up to the date of such determination.

6. RIGHT TO SUBCONTRACT:

Detectnology shall have the right to subcontract in whole or in part the work called for by this Agreement, however, Detectnology shall not be relieved of any liability under this Agreement on account of a subcontract. Detectnology will notify the Customer of the name and address of each subcontractor.

7. Interruption of Service:

The Customer shall notify Detectnology in the event of the failure of any unit. After this notice, and if Detectnology fails to repair the unit in a reasonable or the specified time, 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 hire charges for the time such interruption or interference is attributable to the fault of Detectnology.

Detectnology does not assume and shall have no liability under this 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 including, but not restricted to; acts of God, acts of Government, acts of public enemy, restricting or unlawful acts of the customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, riots, political or religious disturbances, strikes, freight embargoes and unusually severe weather conditions.

8. WAIVER:

Failure or delay on the part of Detectnology 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 both parties. Amendments will be issued to reflect any changes due to review of rates, and also on an as-and-when basis, to reflect additions or deletions to the Schedule.

11. ASSIGNMENT:

No assignment or transfer in whole or in part of the Agreement shall be binding upon Detectnology without its written consent.

12. EXCLUSIONS:

This Hire Agreement does not include the following:

  • The repair or replacement of Equipment which has otherwise become defective, including, but not limited to; damage caused by accidents, physical abuse or misuse of the Equipment, acts of God, fires by the neglect and omissions of others or resulting from the fitting of parts or accessories not supplied by Detectnology due to installation work, servicing or adjustments not carried out by Detectnology.
  • Responsibility or liability for interference with or from other radio services
  • Maintenance of any transmission line, antenna, crystals, channel elements, mast, tower or tower lighting, batteries, telecommunications lines or main modules etc.
  • Installation, commissioning, removal or reinstallation of the Equipment (which is covered by a separate agreement)

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 as attached and subsequent amendments issued in accordance with clause 10 of this Agreement.

14. OWNERSHIP:

The ownership of equipment remains with Detectnology at all times.

15. INSURANCE:

Insurance of Equipment is the responsibility of the Customer whilst goods are on hire or on the Customers premises. The insurance value will be quoted in the Schedule.