Rexel Maintenance Agreement Terms and Conditions
Acco UK Ltd. Registered Office: Oxford House, Oxford Road, Aylesbury, Bucks. HP21 8SZ England. Registered in England No. 197754
This agreement constitutes a contract between ACCO UK Limited (herein called AUL) and the customer named above, subject to the following terms and conditions:
1.1 AUL shall arrange at times convenient to the customer during AUL’s normal business hours for the equipment shown to be checked, adjusted and lubricated as necessary to maintain the equipment in a safe working order.
1.2 If a major overhaul is required AUL will supply a written estimate as to the cost of the overhaul and the customer may decide whether to proceed with the work. AUL reserve the right to terminate the agreement in the event that the overhaul is not authorised by the customer, in which event a pro rata refund of the maintenance charge will be made to the customer.
2.1 In addition to the maintenance calls, repair calls will be made free of charge during normal business hours excluding Saturdays, Sundays and Public Holidays.
2.2 For fully comprehensive maintenance agreements (Platinum, Gold and Ruby), AUL will replace at their own expense subject to paragraphs 1.2 and the exclusions listed below in clause 3, such parts as have become defective due to normal wear and tear.
3.1 The customer will be charged for any servicing or replacement of parts required as a result of damage due to user abuse or neglect, adjustment or repair by persons not employed by AUL, the use of supplies/accessories/parts not approved by AUL, fire, flood, accident, explosion, theft or acts of god.
3.2 Cutting shafts requiring replacement on paper shredding machines that have been installed for more than 4 years, will be charged at current list price less 20%.
3.3 The customer will be charged for parts/components of a consumable nature.
3.4 The customer will be charged for parts/components for contract types Silver, Bronze and Emerald.
4. EFFECTIVE DATE
4.1 The effective date of this agreement shall be the date of the customer entering into the agreement.
4.2 Any equipment out of current warranty can only be accepted for a Maintenance Agreement after AUL has carried out an inspection of the equipment and if necessary carried out adjustment/repair at the customers expense.
5.1 The agreement charge excludes VAT which will be charged at the rate in force at time of invoicing and is payable annually in advance.
5.2 AUL reserves the right to increase charges when necessary. Notification will be by renewal letter not later than one month before the contract is due to recommence.
6. TERMS OF PAYMENT
6.1 Payment shall be made in full not later than the end of the month following the month in which the invoice was issued.
6.2 AUL reserves the right to charge interest on all overdue invoices at a daily rate of 5% per annum above the base rate of HSBC Bank PLC from time to time from the date when payment becomes due until the date when payment is made and interest will accrue after as well as before any judgement. AUL will be reimbursed by the customer for all costs and expenses including legal costs incurred in the collection of any overdue amount.
7.1 The agreement shall continue from year to year after the expiry of the initial period of the agreement unless terminated by either party by 30 days’ notice to the other party, effective on an anniversary of the effective date of the agreement.
7.2 AUL reserves the right to terminate the agreement immediately should the customer become insolvent or fail to pay the maintenance charge by the due date.
8.1 The contract shall be governed by and construed in accordance with English Law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.
8.2 Save as expressly provided, all warranties and conditions relating to quality, fitness for purpose or compliance with description (whether implied by statute or otherwise) are hereby excluded to the extent permitted by law PROVIDED THAT nothing in these conditions shall restrict or exclude liability for death or personal injury caused by the negligence of AUL and FURTHER PROVIDED THAT this clause shall not deprive the customer who is dealing as a consumer pursuant to section 12 of the Unfair Contract Terms Act 1977 of his or her statutory rights.
8.3 Subject to clause 8.2 AUL’s liability to the customer shall not in any event exceed the invoice price of the contract and AUL shall not be liable for any indirect or consequential loss suffered.