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Maintenance contract

 

The undersigned:

 

The company MLID EURL headquartered is located Residence lei Amourié, Bat LB, 11 chemin des Amoureux, 83990 Saint Tropez France, registered with the Trade and Companies under number SIRET 79417699000016,

Represented in the person of Mr Marc DRAGON (Director) in its capacity as intervener, having all necessary powers on the one hand, and

The customer, the person or organization named on the invoice of the corresponding command to the maintenance contract.

 

 

ARTICLE FIRST. Object of the contract

 

1.1. This contract is for the maintenance, troubleshooting and maintenance in good working order of the customer's equipment.

 

1.2. This document defines the terms of the maintenance contract for equipment and computers installed at the client or the agency stated in the invoice of the corresponding command to the maintenance contract.

 

1.3. It is stated that this assistance does not include maintenance or replacement of magnetic media such as disks, cartridges, diskettes ...

 

1.4. The package includes

 

Corrective maintenance:

 

It will be applied to the extent that the present system malfunctions or when failure is the client's responsibility (power problems, UPS failure, operator error ...).

 

She understands :

- Assistance 7/7 Remote

- On-site assistance ensured maximum 24H

- Valid without moving within 50 km of Saint-Tropez

- Support for the number of hours of annual interventions chosen by the customer in his order

- Revaluation each calendar year given the hours and investments

 

Equipment investment and offset monthly paid

 

Repercussions of maintenance and investments monthly paid the following year.

 

 

A RT. 2. - Troubleshooting

 

2.1. On appeal motivated customer reporting a malfunction or breakdown, the provider will send a technician to troubleshoot the equipment in the shortest possible time.

 

2.2. Interventions will take place within 24 hours of the customer's call, provided the location of the facility is not more than 50 kilometers from Saint-Tropez.

 

2.3. Remote Assistance is offered for software problems. This assistance applies to all installed software MLID.

 

 

A RT. 3. - Exclusions

 

Excluded from this agreement and will result in a separate billing interventions due to the following facts:

  •          non-compliance with maintenance standards by the customer.
  •          abnormal use which resulted in damage or accidents.
  •          negligence or fault of the customer's staff.
  •          additions or connections or hardware unit of another brand.
  •          modifications of the machine specifications.
  •          Use of supplies other than those recommended by the supplier.
  •          changes or failures electricity and telephone outages.
  •          software changes causing a malfunction.
  •          Incorrect programming.
  •          failure of air conditioning or humidity control.
  •          repairs or maintenance carried out by persons outside the supplier.
  •          moving or transporting equipment.
  •          intensive use of equipment, greater than 170 hours per month.

 

 

A RT. 4. - Access to equipment

 

4.1. The customer agrees to allow the personnel sent by the supplier free access to the material covered by this contract; it will leave him enough space, provide the necessary assistance, and shall in particular make available to the operators and the equipment required to carry out repair work.

 

4.2. Interventions will be performed by technicians delegated by the supplier during normal working hours corresponding to 8 consecutive hours between 9 am and 18 pm on working days from Monday to Friday. If the procedures are performed outside normal working hours or on weekends or holidays, travel and operations will be charged extra, depending on the rates.

 

4.3. If the technician sent by the provider might have access to the client due to the equipment, the time spent by the technician would be charged extra.

 

4.4. Remote Assistance is in turn comprised 7/7 in the working hours.

 

 

A RT. 5. - Customer Obligations

 

5.1. The customer agrees to comply with the normal use of the equipment and apply strictly all the instructions given by the supplier.

 

5.2. The materials, equipment and their installation shall comply with the standards provided by the supplier and the local, electrical installations and data carriers.

 

5.3. The material shall not be changed, moved, loaned or rented, repaired by third parties without the prior written consent of the provider.

 

5.4. Supplies used with the material (paper, tapes, diskettes ...) must correspond strictly to supply agreed by the supplier. In case of non-compliance with any provision of the contract or specified obligations, the supplier may terminate this contract with a notice period of one month.

 

 

A RT. 6. - Limitation of Liability

 

6.1. The supplier will be released from any liability for non-compliance by the customer of one of the clauses of this contract, or upon the occurrence of one of the causes specified in the "exclusions".

 

6.2. The supplier shall in no case be held responsible for direct or indirect damages resulting from the use of equipment, including in case of loss of data or information. The customer agrees to guard against these risks by performing at least a daily backup of all information.

 

6.3. The supplier can not be held responsible for failures or malfunctions of equipment, whatever may be the duration of the outage or asset before the normal restart.

 

6.4. Finally, the liability of the supplier will be sought in case of force majeure or for other reasons beyond its control such as strikes, labor interruptions, delays of suppliers, loss or accidents.

 

6.5. In any event, if the responsibility for MLID committed, compensation as may be claimed is limited to the amount of the fee paid by MLID under the twelve month.

 

 

A RT. 7. - Duration of contract

 

7.1. This contract is concluded for a period of 12 months from the date of the corresponding order to the contract.

 

7.2. It may be renewed every year on its anniversary, after renegotiation, unless terminated by either party, with a notice period of at least one month before the end of the period, notified by letter AR.

 

7.3. The contract may be entitled to reassessment every calendar year given the hours and investments.

 

 

A RT. 8. - Price

 

8.1. The amount of maintenance as provided in this agreement is attached to the invoice of the corresponding command to the maintenance. This price applies only to the computers and hardware maintenance to perform at the invoice for the order corresponding to the service selected. In case of modification or addition of material, the price would be adjusted accordingly.

 

8.2. The price is intended for software and hardware requirements in the state when ordering maintenance.

 

8.3. This rate may be revised or amended at any time by the supplier within the framework of laws and regulations with a notice period of one month, and after negotiations. During the month following the notification of the new price, the customer has the right to terminate this contract. If he fails to do so, the notification of prices will apply on time.

 

 

A RT. 9. - Payment terms

 

9.1. The cost of the contract will be paid monthly on the first of each month, with a payment period to 15 the same month.

 

9.2. In case of non-payment to 15 months, a lump sum of 40 € is applicable for recovery of charges for late payments - No discount for early payment - Penalties for delay (Art 441.3 of the Commercial Code.): Interest at a rate of 1.5 times the legal interest rate (Art. 441.6 of the code of commerce)

 

9.3. Additional fees are charged when they were exposed.

 

9.4. Invoices are payable upon receipt, net cash, without discount.

 

9.5. In case of breach of contract for a reason not mentioned in the contract, the total contract sum will be due.

 

9.6. When working or purchase of a value greater than 3 times the monthly amount of the contract, the sum of the intervention or purchase may be due the next month.

 

9.7. The repercussions of maintenance packages and out investments for the year are monthly paid and added to the monthly payments due the following year.

 

 

A RT. 10. - Jurisdiction

 

The above conditions and the acts that will flow from them are subject to French law. For any dispute that may arise, the court expressly attribution is made ​​to the competent courts.

 

Attachments

tariff proposal

For materials that are not the subject of the maintenance contract or subscribed for the evolutionary maintenance interventions, there is the possibility of a specific intervention, which will be priced at the time at 100 € per hour. The prices of spare parts at the current rate over and above and subject to a preliminary estimate given to the customer as soon as the price exceeds 300 €.

In case of non-acceptance of the quotation by the customer, billing will be sent to him showing the time and, if necessary, moving package.

 

This option also applies to carry-in repairs, in which case the return costs will replace the travel package.