General 1.1 These Conditions govern the provision of a maintenance and/or call out service to purchaser (Customer) by Planer plc (Planer) when agreed and as set out in and subject to the terms of Service Quotation and attached schedule(s) (jointly constituting 'The Agreement') therein for the equipment the subject of this Agreement (The Equipment).
Service Contracts Conditions
Service Contract Conditions
1.2 The Customer undertakes to properly use and maintain the Equipment in a normal manner by skilled operatives and as instructed by Planer in accordance with Service Manuals, instructions and updates and not to have modifications made other than through (i) Planer Engineers (ii) the Planer manufacturing unit (iii) Planer authorised Service Personnel..
1.3 Unless agreed otherwise in the Quotation the Equipment will be serviced only at the location specified.
1.4 The Customer will fully disclose any known problems prior to Quotation if the equipment is not new.
Service 2.1 The Customer will at its cost provide Planer's representative(s) ready access and a certified proper and safe working environment and facilities to enable the carrying out of the duties.
2.2 The Customer will generally assist Planer in its obligations as far as possible and provide maximum notice of any calls needed, and inform Planer promptly and fully of any faults, potential faults, damage or known misuse.
2.3 In the event that any on-site fault or service requires a longer period than that anticipated, Planer's representatives will use their reasonable endeavours to complete the work. However overnight expenses are not included in this Agreement and are subject to separate mutual agreement where relevant.
2.4 The Customer undertakes to avail itself of and comply with Planer's prevailing decontamination requirements and to use its best efforts to ensure that any Equipment to be serviced or product to be examined is in a safe condition for operatives and has been sterilised or decontaminated as necessary.
Spares and parts 3.1 Spares or parts to be held, if any, are specified in the Quotation and by separate list. In the event that the Customer does not hold appropriate spares they will be charged as used at the then prevailing Planer list price, other than those where free of charge Warranty Replacement applies. The supply or fitting of consumables, transportation damage or refurbishment is not covered by the Quotation.
3.2. In the event that the Customer does not hold the required spares Planer will use its reasonable endeavours to supply necessary parts as needed but this Agreement does not guarantee supply or availability. Replacement parts or components will be at least the equivalent standard of those replaced prior to fault and will have undergone quality control procedures. Planer shall not be responsible for any downtime occurring due to unavailability of spares or parts.
Terms 4.1 In the event that Customer does not comply with provisions in this Agreement, Planer reserves the right, additional to any other relevant redress, to make a supplementary charge for spares supplied or labour incurred in the course of servicing the Equipment.
4.2 This Agreement is not transferable without the written consent of Planer.
4.3 These Service Contract Conditions together with Planer's prevailing Conditions of Sale (which shall apply to any supply of goods associated with this service) and any Quotation and any Schedule shall form the entire Agreement between Customer and Planer and shall not be varied by the terms and conditions of any order submitted by Customer.
4.4 Additional charges may apply for faults due to misuse or neglect; accidental damage, repair, faults due to adverse environmental conditions or problems arising from power supply or services interruptions or failures.
4.5 This Agreement shall not modify any warranty conditions for the Equipment. While Planer will use its reasonable endeavours to repair Equipment, it reserves the right to classify the Equipment as 'not repairable in a cost-effective manner' and in such event this Service Agreement shall cease thereupon.
4.6 All Quotations, unless previously withdrawn are open for acceptance for a period not exceeding 30 days.
4.7 All quotations may be withdrawn without notice at any time prior to acceptance of order.
4.8 All offers are made without engagement and no liability is accepted by Planer for loss, damage or delay caused by Government order, war, civil commotion, accidents, fires, strikes, or delay in obtaining materials or any other cause beyond Planer's reasonable control.
4.9 No liability is accepted by Planer in respect of failure to deliver or perform or delay in delivering or performing under an order or contract due to any cause outside Planer's reasonable control including but not limited to causes arising from the acts or omissions of the Customer.
4.10 No liability is accepted by Planer for any loss, damage or injury, direct or consequential arising from any defects or failure in goods or services supplied. However nothing herein shall be deemed to exclude liability for death or personal injury, nor to the extent of any mandatory requirement of English Law, for damages to tangible personal property of Customer or its employees, caused by Planer's negligence.
4.11 Customer's goods and materials are accepted for processing by Planer at Customer's own risk. Every reasonable care and precaution will be taken with such goods or materials.
4.12 Recommendations, technical data or advice relating to goods supplied by Planer or to their use are given in good faith, but without liability for any loss, damage or injury arising directly or indirectly from any errors or omissions therein.
4.13 In the event of a delay in payment beyond any agreed credit term Planer reserve the right to levy an additional interest charge on the outstanding sum owing of not more than 5% above the Bank of England's minimum lending rate, without prejudice, however, to Planer's legal rights in respect of any such breach of the agreed terms.
4.14 To the extent that any provision herein may be rendered void by national or regional legislation or treaty, such provision shall be deemed deleted and these Conditions shall remain effective to the extent permitted. In the event of any conflict between these Conditions and any stipulations by others, these Conditions shall prevail.
4.15 This Agreement sets out the entire understanding of the parties in this matter and shall remain in force during the term of the Agreement. Any notice given must be sent by registered post addressed to the other party at its normal place of business as set out in the Quotation.
4.16 All Orders accepted, Contracts undertaken and Supplies made shall be governed by and construed in accordance with the Laws of England and interpreted by the English Courts.
These conditions may be changed from time to time so please check you have the latest issue
Planer plc, Windmill Rd., Sunbury, TW16 7HD, UK Reg No: 651504 VAT No. GB 208 1727 77
LD-SDEA-AZFEJ6 issue Printed 08/21/2014 02:30:51 PM