Product Data Sheet / Brochure

4. EXCEPTIONS
4.1 The Services are limited to Mechanical Electrical Breakdown during
the Warranty Period and exclude:-
4.1.1 any repair of the Equipment which is necessitated as a result of
fair wear and tear;
4.1.2 failure or fluctuation of electric power, air conditioning, humidity
control or other environmental conditions; or
4.1.3 accident, loss or damage in transit, neglect, misuse, malicious
or intentional damage, abuse, contamination or default by you, your
employees or agents or any third party or other external carriers; or
4.1.4 any fault in any attachments or associated equipment (whether
or not supplied by MendIT) which do not form part of the Equipment;
or
4.1.5 act of God, terrorism risk,re, flood, war, nuclear risk, sonic
boom, act of violence, or any other similar occurrence; or
4.1.6 any attempt by any person other than MendIT’s personnel to
adjust, repair or maintain the Equipment; or
4.1.7 any head crash or failure of fixed or removable storage media;
or
4.1.8 corrupted or conflicting software installed or as a result of a
virus infection; or
4.1.9 any inoperability or compatibility issues that may arise when
parts intended for one system are installed in another system of a
different make or model; or
4.1.10 any fault occurring as a result of your failure to follow the
manufacturer’s instructions for the use of the Equipment; or
4.1.11 damage caused by foreign objects or substances; or
4.1.12 any repair where the manufacturer’s repairer’s seal is broken
on the Equipment.
4.2 The Services also exclude:
4.2.1 any repair or spare part covered under any other guarantee,
warranty, maintenance, rental, hire or lease agreement you may have
with a third party and including but
not limited to the manufacturer;
4.2.2 the provision of Services on site other than at the Location
(or such other location as MendIT shall have approved in writing);
4.2.3 repair or renewal of expendable or consumable parts including
but not limited to tapes, disk packs, printing cartridges;
4.2.4 maintenance or support of the operating system of any
computer;
4.2.5 electrical or other environmental work external to the
Equipment;
4.2.6 maintenance of any attachments or associated equipment not
supplied by MendIT which do not form part of the Equipment;]
4.2.7 recovery or reconstruction of any data or programs lost or
spoiled as a result of any b
reakdown of or fault in the Equipment; or
4.2.8 any repair relating to a manufacturing fault or manufacturer’s
recall.
5. REPLACEMENT
5.1 MendIT reserves the right to replace the whole of the Equipment
or any part or parts thereof which may be found to be faulty if spare
parts are unavailable or, in the sole
opinion of MendIT, it is not economically viable to repair the
Equipment.
5.2 MendIT shall at the time of any such replacement notify you in
writing of the serial numbers of the replacement Equipment.
5.3 If the replacement Equipment is not equipment which is identical
in all respects to the removed Equipment, MendIT shall inform you in
writing at the time of replacement. The replacement Equipment shall
not in any event provide less than an equivalent level of performance
and functionality to the removed Equipment.
5.4 The replacement Equipment shall become your property.
The removed Equipment removed pursuant to this clause 5 shall
become the property of MendIT.
5.5 These Terms shall apply to all renewals of any part or parts of the
Equipment made by MendIT during the Warranty Period.
5.6 Before removing any Equipment or part thereof, you may request
that MendIT, for a charge of £50, (and provided that the condition of
the removed Equipment reasonably allows) provides you with a data
copy service of all information or data which may be stored on the
removed Equipment. MendIT thereafter undertakes not to disclose
any such information or data but to expunge it forthwith from the
removed Equipment.
5.7 Should the Equipment be replaced pursuant to this clause 5, then
the extended warranty terms shall cease.
6. DURATION
6.1 These Terms shall continue for the Warranty Period but shall be
subject to earlier termination as provided elsewhere in these Terms.
7. YOUR OBLIGATIONS
7.1 During the continuance of this Agreement you shall: Use and Care
of the Equipment
7.1.1 ensure that proper environmental conditions are maintained for
the Equipment and shall maintain in good condition the accommoda-
tion of the Equipment, the cables
and fittings associated therewith and the electricity supply thereto;
7.1.2 not make any modification to the Equipment without MendITs
prior written consent;
7.1.3 keep and operate the Equipment in a proper and prudent man-
ner in accordance with the manufacturer’s operating instructions;
7.1.4 ensure that the external surfaces of the Equipment are k
ept
clean and in good condition and shall carry out any minor mainte-
nance recommended by the manufacturer from time to time;
7.1.5 save as aforesaid, not attempt to adjust, repair or maintain the
Equipment and shall not request, permit or authorise anyone other
than MendIT to carry out any adjustments, repairs or maintenance of
the Equipment;
7.1.6 use on the Equipment only such operating supplies as the manu-
facturer shall recommend in writing; Access – in the event of on-site
warranty services
7.1.7 upon reasonable notice, provide MendIT with full and safe ac-
cess to the Equipment for the purposes of these Terms;
7.1.8 provide adequate working space around the Equipment for the
use of MendIT’s personnel;
7.1.9 have a representative present at the location when MendIT
provide on site warranty Services;
7.1.10 ensure that all manufacturer’s labels (such as serial numbers)
are in place, accessible and legible; Registration, Notification and Infor-
mation in order to claim your Warranty support, the Equipment must
have been registered within the Registration Period and you must:-
7.1.11 promptly notify MendIT, providing the Equipment type and
product number/serial number and reference number on your war-
ranty agreement, if the Equipment needs
repair or is not operating correctly. Failure by you to so Register
the Equipment and to so notify MendIT within 30 days of you first
becoming aware of such failure or
incorrect operation shall free MendIT from all obligations to investi-
gate or correct such failure or incorrect operation; Miscellaneous
7.1.12 provide such telecommunication facilities as are reasonably
required by MendIT for testing and diagnostic purposes at your
expense;
7.1.13 before releasing any Equipment for Service and prior to any on
site warranty visit, be sure to back up data, keep full security copies of
your programs, databases and
computer records in accordance with best computing practice and
remove any confidential, proprietary or personal information.
7.2 Before we provide the Services, you should consider:-
7.2.1 making a back up of any data you have only on the computer
or storage device which is to be the subject of or to be used in the
performance of the Services;
7.2.2 making a written note of any configuration settings or informa-
tion stored on any equipment or computers;
7.2.3 where the equipment is a computer, downloading and install-
ing:- any
available security and protection updates for the operating
system you use; and any available updates to virus-checking and other
computer protection software you use.
8. SPARE PARTS
8.1 MendIT shall not be liable for any delay in performing its obliga-
tions hereunder by delay in the supply to MendIT of spares parts or
MendIT Terms and Conditions Page 2