Customer Services
TERMS AND CONDITIONS OF DIGICARE MAINTENANCE AGREEMENTS
1. DEFINITIONS
"the Company" means DigiCare Limited (Reg No. 5102648)
"You" means the owner or hirer of the Product
"the Product" means the Samsung fax, printer or MFP
the subject of the Maintenance Agreement
"the Maintenance Agreement" means the agreement between
the Company and You for the provision of Service or as the case
may be Replacement
"the Territory" means England, Wales, Scotland, Northern
Ireland, the Isle of Man and the Channel Islands
"the Term" means one calendar year from the date of
the Maintenance Agreement or, as the case may be, such longer
period as may be agreed
"Service" means the attendance at the location of the
Product by a company appointed engineer for the purpose of the
repair of the Product
"Replacement" means the provision by the company of
a replacement machine in exchange for the Product
"the Charge" means the charge made by the Company to
You for the Maintenance Agreement
"Working Days" means Mondays to Fridays inclusive but
excluding public holidays
2. THE COMPANY'S OBLIGATIONS
In consideration of the Charge
2.1 If the Maintenance Agreement is for Service, the Company
shall use reasonable efforts to provide Service within two Working
Days of the Customer's request
2.2 If the Maintenance Agreement is for Replacement, the Company
shall use reasonable efforts to provide the replacement machine
on the next Working Day after the Customer's request and that
the replacement machine shall be in full working order and be
of the same type and age as the Product
2.3 The Charge is inclusive of all labour, travelling time and
cost, freight, and parts for the Term
2.4 Service and Replacement is subject to the availability of
parts, engineers and replacement and time shall not be of the
essence in the Maintenance Agreement
2.5 The Company shall only use parts of the same quality or better
for the replacement of those which are removed from any Product
3. THE CUSTOMER'S OBLIGATIONS
3.1 The Customer shall pay the Charge on demand from the Company
and the Company shall have no obligation to provide Service or
Replacement prior to the receipt of the Charge in cleared funds
3.2 The Customer shall ensure that the Product is available for
Service or, as the case may be, Replacement and the Company shall
have no obligation to provide Service or Replacement if the Product
is not so available
3.3 The Customer shall use the Product according to the manufacturer's
handbook and/or other guidance and the Company shall have no obligation
to provide Service or Replacement if the Customer has not acted
according to such guidance and in particular but not by way of
limitation the Company shall not have any obligations in respect
of any Product that has been damaged by the negligence of or intentionally
by the Customer or any third party
3.4 The Customer shall use manufacturer's recommended paper and
consumables or compatibles at all times and the Company shall
not be obliged to provide Service or Replacement if any fault
is caused by the Customer failing to observe these recomendations
4. REPLACEMENT
4.1 When the Product is subject to a Maintenance Agreement which
provides for Replacement, the replacement machine shall become
the Product from the time of exchange and shall be covered by
the Maintenance Contract for the rest of the Term
4.2 The Company reserves the right to replace the Product with
a machine which is of a different type to the Product provided
that the replacement machine will be the equivalent of or superior
to the Product
4.3 The Company shall not carry out Replacement unless the Customer
exchanges the Product simultaneously for the replacement machine
for delivery to the Company and upon such simultaneous exchange
title in the Product shall vest in the Company and title in the
replacement machine shall vest in the Customer
5. SERVICE
5.1 Should it not be possible to repair the Product, the Customer
shall be entitled to a refund of a proportion of the Charge calculated
by reference to the unexpired portion of Term or at the discretion
of the Company a replacement machine as if the Maintenance Agreement
was for Replacement
5,2 The Company is not obliged to provide Service if the fault
is caused by the exhaustion of consumable items for example but
not limited to toner drums and ink cartridges and or the wearing
of parts for example but not limited to rubber feed rollers and
ADF pads
6. LIABILITY
The Company's liability under the Maintenance Agreement shall
be limited to a sum no more than the Charge and the Company shall
not be liable for any economic or indirect loss suffered by the
Customer as a consequence of the Company's breach of the Maintenance
Agreement provided that no limit or exclusion of liability shall
take effect so as to be illegal under any statute or other legal
provision binding on the Company
7. FORCE MAJEURE
Neither the Customer nor the Company shall be liable under the
terms of the Maintenance Agreement for any breach arising from
circumstances beyond their reasonable control although the party
in breach shall take all reasonable steps to rectify the breach
as soon as practicable
8. JURISDICTION
These terms and conditions and the Maintenance Agreement to which
they pertain shall be governed exclusively by English Law and
the parties give jurisdiction over all disputes arising under
the same to the Courts of England
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