1. CUSTOMER’S OBLIGATION
- To provide continuous electrical, computer (if applicable) and network provider service to the Equipment including all connection points.
- Maintain Equipment by keeping clean of excessive dust, reducing movement and vibration and not allowing non-trained users to interfere with or use the Equipment.
- Not to program, modify, repair or replace parts in or on or use any accessories with the Equipment.
- To make the payments to IT Logics Ltd as specified in the Schedule and keep current all other payments due by the Customer to IT Logics Ltd under any other agreements or contracts (such as a rental agreement or trade accounts).
- That any software, hardware, manuals or information loaned or licensed by IT Logics Ltd to the Customer shall always remain the property of and be owned by IT Logics Ltd.
- To pay interest to IT Logics Ltd at the rate of 18% pa both before and after judgment on any payments overdue and refund to IT Logics Ltd forthwith any moneys spent by IT Logics Ltd in enforcing or attempting to enforce IT Logics Ltd’s rights.
- To make a payment to IT Logics Ltd at the then current charge out rates for work carried out by IT Logics Ltd that is not specified in this agreement.
2. IT LOGICS OBLIGATIONS
- Subject to the Customer performing the Customer’s obligations, and subject to the agreement of any owner or landlord of the premises where the Equipment which is to be maintained being obtained, IT Logics Ltd shall maintain, repair, replace the Equipment or parts of it in accordance with the options as specified in the Schedule.
- In the event of destruction of the Equipment by fire or other catastrophe IT Logics Ltd will consult with the Customer to arrange on the Customer’s behalf and at the Customer’s cost and in accordance with the Customer’s requirements a temporary Information Technology service until the Equipment can be replaced, repaired or is back in working order.
- The Equipment is supplied for business purposes and accordingly the provisions of the Consumer Guarantees Act do not apply.
- No indulgence of the Customer nor any waiver of its rights under the Contract purportedly granted by IT Logics Ltd shall constitute a release or waiver of any breach committed by the Customer and all original rights and power of IT Logics Ltd shall remain in full force and effect.
- IT Logics Ltd, its employees, contractors or agents shall not be liable in contract, tort or otherwise to compensate the Customer for any loss, injury damage arising directly or indirectly from:
- any act, omission, error, default or delay of IT Logics Ltd, its employees, contractors or agents, or
- any act, omission, error, default or delay in respect of the Equipment or service provided under the Contract; or
- the failure of the Equipment or services provided under the Contract; or
- any failure of anything provided as part of or in association with the Equipment whether the loss, injury or damage is the direct or indirect result of negligence or otherwise.
In the event that IT Logics Ltd is held liable to the Customer in contract, tort or otherwise the maximum liability of IT Logics Ltd to the Customer shall be limited to an amount equal to one month’s warranty payments as specified in the Schedule.
- Should the Equipment be lost, stolen, interfered with or wholly or partly destroyed the Customer shall pay to IT Logics Ltd on demand the cost to IT Logics Ltd of reinstalling/programming the Equipment so that it becomes in good working order.
- IT Logics Ltd shall not be responsible for any warranties, representations or agreements other than those contained in this agreement.
4. TERMINATION PROVISIONS
- If during the term of the Contract the Customer shall fail to pay for more than 7 days any payment due under the Contract whether demand has been made or not, or shall commit any breach of the terms or conditions of the Contract, or shall permit or suffer an act of bankruptcy or insolvency or should execution or distress be levied against the Customer in relation to the Equipment or any other goods or shall a judgment be entered against the Customer which remains unsatisfied for 3 days (unless appealed against) or if the Customer has breached the Customer’s obligations to IT Logics Ltd in respect of any other agreement or trade account then IT Logics Ltd may terminate the Contract immediately and in that event the total remaining charges to the expiration of the Contract as specified in the Schedule shall become immediately due and payable.
- Should the Customer wish to terminate the Contract and the Customer is not in breach of the Contract the termination period shall be as stated in the Term of Agreement listed below.
- Upon termination IT Logics Ltd shall be entitled to have access to the Equipment to de-program or remove any parts of the Equipment or software not owned by the Customer.
5. GENERAL PROVISIONS
- Upon the expiry of the term as specified in the Schedule each party shall continue with their obligations under the Contract until either gives the other one months’ notice in writing.
- The Contract shall not bind IT Logics Ltd until it is signed by an authorized signatory of IT Logics Head Office at Auckland. Even though maintenance and repair work may have commenced on the Equipment or any other commitment given to the Customer, IT Logics Ltd may at any time either decline to enter into a Contract or terminate a Contract at its sole discretion if IT Logics Ltd should become aware that in IT Logics judgment the Customer may be unable to perform its obligations under the Contract or the Equipment is not economically capable of being maintained in accordance with the representations contained in this document.
- IT Logics Ltd shall be entitled to assign its rights under the Contract.
- The Customer authorizes IT Logics Ltd to contact any credit agency, referee or any other source to obtain, check, dispose of or exchange information (both now and in the future) in connection with the Contract and any matters arising out of it. The Customer acknowledges that by signing a Contract the Customer is authorizing each source to provide IT Logics Ltd with any information about the Customer, which it may require in connection with the Contract. If the Customer is a natural person the Privacy Act 1993 entitles the Customer to have access to personal information help by IT Logics Ltd about the Customer and to request correction of that information if necessary. Unless IT Logics Ltd is notified in writing by the Customer promotional material may be sent to the Customer from time to time.
- Any notice given or to be given by IT Logics Ltd to the Customer shall without prejudice to any other method of giving the same be deemed to have been given if placed in the post addressed to the Customer at the Customer’s last known place of abode or business and shall be deemed to have been served on the day following the date of posting.
Some manufacturers exclusions apply to the operation of the contract. These include, but are not limited to, acts of god, wilful abuse and failures covered by standard business premises insurance.
Extendible to cover new equipment
Should the system be added to during the term of the agreement, the benefits of cover will extend to the new products. An equipment schedule will then be provided with new charges based on the purchase price, taking all discounts into consideration. Any cost increase due to minor changes will appear on the annual renewal of the contract while cost increases due to major changes will appear on the next applicable billing date.