ServiceAgreement-范本_0

1、Service Agreement最新范本1 .definitio n.abc shall mean abc (china) electronics, ltd - customer shall mean the customer named in the agreement : andproduct shall collectively mean the equipment and software which abc and customer agree to be servicedpursuant to this service agreement, such product is lis

2、ted on the first page of this agreement.2. acceptance the terms and conditions set forth on all twelve pages of this agreement is an offer to purchase service bycustomer which shall become a service agreement when acknowledgedin writingbyabc s service department :and the banking, negotiation or othe

3、r use of any payment shall not constitute an acceptance by abc. it is agreedthat service shall be provided only on the terms and conditions contained in this agreement, abc shall not bebound by terms and conditions in customer s purchase order or elsewhere unless expressly agreed to inwriting bothpa

4、rties to thisagreement agree thatupon acceptance byabc s service department, abc s interest inthe agreement is assigned to abc, inc- (mine )3. service definedabc agrees to provide service for the customer for the product listed on the first page of this agreement, suchproducts shall be serviced acco

5、rding to the terms and conditions on all twelve pages of this agreement(service ) the service shall begin and end on the dates set forth on the first page of this agreement, abc shall alsosen-ice other product manufactured by mine- or mine s subsidiaries and purchased by customer during the termof t

6、his agreement on the same terms and conditions set forth in this agreement at the then current service feesfor such product, upon delivery of such other product to customer, service fees for service of such otherproduct shall be added to the billing cycle following expiration of the labor warranty o

7、n such other product, inthe event of loss, damage, theft or removal from service of any product, customer shall immediately report theloss, damage, theft or removal in writing to abc. in this event, customer s obligation to pay service fees withrespect to any such product shall terminate at the end

8、of the month in which abc receives such written report -mobile product shall be removed and reinstalled in different vehicles at customer s request for the servicefee in effect at the time of customer s request.this agreement does not include service of any transmission line, antenna, tower or tower

9、 lighting, unlesssuch work is described on the first page of this agreement, service shall include the labor and parts required torepair product which has become defective through normal wear and usage, this does not include consumableand their installation, service does not include the repair or re

10、placement of product which has otherwisebecome defective, including, but not limited to, damage caused by accidents, physical or electronic abuse ormisuse- acts of god. fires or other casualty, service performed for non-covered repairs shall be billed at abc sabove contract rate applicable for such

11、service - product under contract must be maintained in environmentalconditions as set forth in the product specifications and damage resulting from environmental conditions notconforming to the specifications is not covered by this agreement.where telephone lines and product are used in conjunction

12、with abc maintained product, abc shall have noobligation or responsibility for such telephone lines or product but shall - upon request, assist the telephonecompany in repairing such upon payment at the appropriate above contract rale.customer shall indicate on the first page of this agreement any p

13、roduct which is intrinsically safe so thatappropriate parts and procedures may be used to maintain such status-at the expiration of twelve (12) months after the commencement of service hereunder (or any timethereafter) , if product cannot in abc s opinion be properly or economically repaired because

14、 (but not limitedto) excessive wear, deterioration or unavailability of parts, abc at its sole option, upon thirty (30) days priorwritten notice to customer sent by certified mail, may either : (1) remove such product from this agreement: or(2) may increase the price to senice such product, customer

15、 shall have thirty (30) days from receipt of notice ofprice increase to object to such increase- if customer properly objects to such increase, abc shall then have theoption to remove such product from coverage by this agreement, customer s obligation to pay service fees withrespect to product remov

16、ed from this agreement shall terminate at the end of the month during which suchproduct is removed -the product shall be serviced by abc in accordance with the following standards : (i) abc parts or parts equalquality shall be used ; (ii) the product shall be serviced at levels set forth in abc s pr

17、oduct manuals : and (iii)routine service procedures prescribed from time to time by abc for its product shall be followed5 time and place of service-service shall be done at the location specified on the first page of this agreement, where service is to beperformed at the location of the product, cu

18、stomer shall furnish shelter, heat, light and power at these locations,customer shall notify abc immediately of product failure, allow abc full and free access to the product, andcooperate fully with abc in abc s servicing of the product, waiver of liability by abc against customer or otherrestricti

19、ons shall not be imposed by customer as a site access requirement, customer shall allow abc full andfree access to the product, customer shall allow abc to use necessary machines, communications, facilities,features and other product (except as normally supplied by abc) at no charge mobiles and remo

20、vable productshall be delivered by customer to the abc service center indicated on the first page of this agreement.hours of service under this agreement shall be the normal working hours. excluding holidays, of abc sservice center unless otherwise indicated on the first page of this agreement.6. pa

21、yment/taxes -each payment is due on or before the date set forth on the first page of this agreement, abc may terminatethis agreement by giving customer ten (10 ) days notice by certified mail if customer defaults in its payment toabc- customer shall reimburse abc for all property taxes, sales and u

22、se taxes, excise taxes, and the taxes orassessments now or hereafter imposed by authority of any national or local law, rule or regulation with respectto the service of the product except income taxes or other legally reimbursable taxes of abc 7. right to subcontractabc shall have the right to subco

23、ntract in whole or in part the service called for by this agreement, abc shallnotify customer of the name and address of each subcontractor.8. revision of fees.prior to an anniversary of the expiration date indicated on the first page of this agreement, abc may revisethe service fees set forth on th

24、e first page of this agreement by giving customer written notice of the amount ofthe increase at least sixty (60 ) days in advance of that anniversary date- upon receipt of any such notice,customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) daysprio

25、r written notice to abc sent by certified mail to the address indicated in this agreement : otherwise the newfees shall become effective on the anniversary date- in the event of such termination, all accrued and unpaidcharges shall be due and payable immediately upon termination.9 automatic renewal

26、-after the expiration date indicated on the first page of this agreement, this agreement shall continue forsuccessive additional periods of one year, provided that either abc or customer may terminate this agreementon the expiration date or any anniversary of it upon thirty (30) days prior written n

27、otice to the other party sentby certified mail to the address indicated in this agreement.10. interruption of service.customer shall notify the servicing agency in the event of the failure of any product, if the servicing agencyfails to repair the product within a reasonable time customer shall noti

28、fy the abc office designated by abc-after said notice from customer to the senicing agency and to the abc office designated by abc. abc shall beliable for any interruption or interference affecting the use or transmission through the product maintained tothe extent of a pro rata allowance based on t

29、he monthly service fee for the time such interruption orinterference is attributable to the fault of abc or its subcontracto U abc does not assume and shall have noability under this agreement for failure to provide or delay in providing service for the product due directly orindirectly to causes be

30、yond the control of abc including, but not restricted to. acts of god. acts of the publicenemy, acts of the pre, the united states, any state, territory of the united states, or any political subdivision ofthe foregoing, or the district of Columbia, acts of failure to act of the customer, its agents

31、, employees orsubcontractors, fires, floods, casualty, epidemics, quarantine restrictions - strikes, freight embargoes, andunusually severe weather conditions or defaults of abc subcontractors due to any such causes 11 warranty limitations.except as specified in this agreement, abc disclaims all war

32、ranties, express or implied, including, withoutlimitation, the implied warranties of merchantability and fitness for a particular purpose - in no event shall abcbe liable for incidental or consequential damages to the full extent such may be disclaimed by law.12. srre or mpt and other government mat

33、ters -although abc may assist in preparation of the srre or nipt license application. customer is solely responsiblefor obtaining any licenses or other authorizations required by the state radio regulatory commission ( srre ) orministry of post and telecommunication, or any other national and/or loc

34、al governmental agency - customer issolely responsible for complying with applicable srre or nipt rules and regulations and the applicable mles andregulations of any other national and/or local governmental agency, neither abc nor any of its employees is anagent of customer in srre or mpt or other g

35、overnmental matters abc. however, may assist in preparation of thesrre or mpt license application at no charge to customer.13.entire agreement.customer acknowledges that it has read and understands the terms and conditions of the agreement andagrees to be bound by them, that it is the complete and c

36、onclusive statement of the agreement between theparties and that this agreement sets forth the entire agreement and understanding between the parties relating tothe subject matter hereof and all understandings and agreements, oral and written, heretofore made betweenabc and customer, are merged in t

37、his agreement which alone fully and completely expresses their agreement.14. amendment.no modification of or additions to this agreement shall be binding upon abc unless such modification is inwriting and signed by the abc division service vice president authorized to make such revisions and anautho

38、rized agent of customer.15. validity.if any term or provision of this agreement shall to any extent be held by a court or other tribunal to beinvalid- void or unenforceable, then that term or provision shall be inoperative and void insofar as it is inconflict with law. but the remaining terms and provisions of this agreement shall n