Terms And Conditions
The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and ability to provide services in connection with the servicing needs of the Customer. The Service Provider is agreeable to providing such services to the Customer, with regard to the terms and conditions as set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement are as follows:
The Customer hereby engages the Service Provider to provide the Customer with
Services consisting of GENERAL MAINTENANCE and/or DIAGNOSTIC CHECKS
AND REPAIR SERVICES and other services as the Customer & Service Provider
May agree upon from time to time (the “Services”), and the Service Provider
hereby agrees to provide to the Customer.
TERM OF AGREEMENT
The term of this Agreement will begin on the date of this Agreement and will continue in full force for the term period as specified above under “The Customer” of this Agreement and is subject to earlier termination as otherwise provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties.
The Service Provider agrees to service and repair Customers System at the location designated in this Agreement when called upon to do so by the Customer if and when needed.
Service Provider agrees to physically or remotely answer a service request within a reasonable period of time of being called for service.
The compensation for servicing and maintenance is limited to labour charges only. If parts or upgrades are needed to complete repair at any given time-Customer shall have the right to purchase the part(s) or upgrade(s) needed from another source as recommended by Service Provider if desired. The Limit of Liability and warranty of said part(s) or upgrade(s) would be the responsibility of Customer if purchased from an outside source and in no way should be put upon the Service Provider.
Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
For the Services provided by the Service Provider under this Agreement, the Customer will pay to the Service Provider compensation as stated under “The Customer” section of this Agreement for the contract duration as specified.
Customer shall pay compensation of the service contract as agreed upon the signing of this agreement to Service Provider.
This agreement is a personal one, being entered into in reliance and upon consideration of personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.
It is expressly agreed that the Service Provider is acting as an independent
contractor and not as an employee in providing the Services Hereunder. The
Service Provider and the Customer acknowledge that this agreement does not
create a partnership or joint venture between them.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this agreement will only be binding if evidenced in writing signed by each party or an authorised representative of each party.
TIME OF ESSENCE
Time will be the essence of this Agreement and of every part hereof. No extension variation of this Agreement will operate as a waiver of this provision.
It is agreed that there is no representation, warranty, collateral agreement or
condition affecting this Agreement as expressed in it.
In the event that any of the provisions of this Agreement are held to be invalid or
unenforceable in whole or in part, all other provisions will nevertheless continue
to be valid and enforceable with the invalid and unenforceable parts severed
from the remainder of the Agreement.
TERMINATION OF THIS AGREEMENT
The Customer may terminate this agreement at any time giving the Service Provider a 90-day written notice.
The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider.
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Republic of Ireland, without regard to the jurisdiction in which any action or special proceeding may be instituted.