Terms and Conditions
Protech Dental Engineering Services Ltd - Terms and Conditions
Recitals: (A) The Customer is the proprietor of the Equipment. (B) The Customer seeks to engage the expertise of Protech Dental Engineering Services Ltd for the provision of repair and maintenance services for the Equipment, with Protech Dental Engineering Services Ltd undertaking to render such services in accordance with this agreement.
Operative Provisions:
1. Interpretation 1.1. In this agreement, unless the context otherwise requires:
"Call-Out Services" pertains to engineer visits during the agreement term, excluding visits for the annual service.
"Call-Out Charges" denote charges incurred from Call-Out Services.
"Charges" represent the standard charges for Protect+ Standard or Protect+ Total Services and/or call-out rates for supplementary services as detailed in the Quotation Document and these terms.
"Protect+ Standard" designates the annual service package specified in clause 2.4.
"Protect+ Total" designates the annual service package specified in clause 2.3.
"Equipment" refers to the equipment listed in the Equipment Inventory.
"Equipment Inventory" constitutes the agreed list of equipment to which services are applicable.
"Force Majeure" denotes circumstances beyond a party's reasonable control.
"Liability" encompasses any liability arising from representations, breaches, duties, or terms under this agreement.
"Location" denotes the Equipment's placement as specified in the Equipment Inventory.
"Loss" encompasses loss of profit, damages, costs, expenses, or compensation.
"Normal Working Hours" delineate the hours from 8:30 am to 5:30 pm on any Working Day.
"Services" pertain to Protect+ Standard or Protect+ Total service packages and additional repair and maintenance services outlined in the Quotation Document.
"Working Day" signifies any day excluding Saturday, Sunday, or a Bank/Public Holiday.
"Writing" encompasses facsimile transmission and email but excludes text messages.
"Quotation Document" outlines anticipated charges for services rendered initially and annually thereafter.
1.2. Headings in this agreement are included for convenience solely and shall not affect interpretation.
2. Services to be Provided
2.1. Throughout the agreement term, Protech Dental Engineering Services Ltd shall furnish the Customer with the Services.
2.2. Protect+ Total Service:
Annual service of Equipment listed in the Equipment Inventory.
A maximum five-hour response time to emergency breakdowns of Equipment.
Rectification of identified defects during routine maintenance or reported by the Customer.
2.3. Definition of "Unlimited Call-Outs"
2.3.1 Call-outs are for breakdowns, repairs, or maintenance covered by the service package.
2.3.2 Fair Usage Policy:
Call-outs must be for genuine breakdowns or emergency repairs.
Routine maintenance or non-emergency requests may incur additional charges.
Call-outs due to negligence or misuse may not be covered.
2.3.3 Response Time:
Emergency call-outs are responded to within five hours during Normal Working Hours. 2.3.4 Each call-out covers a maximum of 1.5 hours of labor.
2.3.5 Client Responsibilities:
Maintain Equipment properly.
2.3.6 Misuse of Call-Outs:
Excessive or unjustified call-outs may result in service review.
2.4. Protect+ Standard Service:
Annual service of Equipment listed in the Equipment Inventory.
Response time of the next working day (24 hours) for Equipment breakdowns.
20% discount on call-out rates.
2.5. In the event of defects or malfunctions occurring during Normal Working Hours, Protech Dental Engineering Services Ltd shall endeavor to promptly attend the Location. Should on-site repairs be unfeasible, alternative arrangements will be made.
2.6. Additional charges are applicable for services conducted outside Normal Working Hours.
2.7. Reports of Equipment defects or malfunctions must be promptly lodged as stipulated by Protech Dental Engineering Services Ltd.
2.8. Protech Dental Engineering Services Ltd shall provide one staff training session on Equipment maintenance and cleaning.
2.9. Representatives of Protech Dental Engineering Services Ltd shall adhere to safety and security protocols at the Customer's premises.
3. Spare Parts and Replacements
3.1. Spare parts and replacement components requisite for Equipment maintenance are not encompassed within standard charges and may attract additional costs.
3.2. Parts warranties adhere to the manufacturer's terms, excluding perishable items, with labor during annual service visits warranted for 90 days.
4. Services Not Included
4.1. Services do not extend to design defects, damage due to misuse, or modifications lacking Protech Dental Engineering Services Ltd's consent.
4.2. The Customer incurs costs for investigations if defects do not arise from Protech Dental Engineering Services Ltd's negligence.
4.3. If Equipment is beyond maintenance or damaged irreparably, the Customer is liable for replacement costs.
4.4. Additional charges are incurred for Equipment transportation or relocation.
5. Customer's Obligations
5.1. The Customer must maintain an accurate Equipment Inventory and afford access to premises for Services.
5.2. The Customer must adhere to Equipment manufacturer's instructions and permit only Protech Dental Engineering Services Ltd representatives to handle Equipment.
5.3. The Customer must furnish necessary information to Protech Dental Engineering Services Ltd for the performance of services.
5.4. The Customer indemnifies Protech Dental Engineering Services Ltd for Services delayed due to Customer actions.
5.5. The Customer ensures the safety of Protech Dental Engineering Services Ltd representatives during visits.
5.6. Default by the Customer may result in Protech Dental Engineering Services Ltd suspending Services or incurring costs.
6. Charges
6.1. The Customer shall remunerate Charges as per the Quotation Document and assent to the stipulated payment terms.
6.2. Services commence upon acceptance of the quotation and receipt of payment.
6.3. The Customer shall settle call-out charges and additional service charges within the specified periods.
6.4. Protech Dental Engineering Services Ltd reserves the right to levy interest and suspend Services for late payments.
6.5. All sums become immediately due upon termination of the agreement.
6.6. The Customer shall bear standard call-out charges if Services are unjustified or Equipment defects arise from Customer actions.
6.7. Charges are subject to annual review.
6.8. Protech Dental Engineering Services Ltd reserves the right to adjust prices due to specified factors.
6.9. The Customer shall reimburse Protech Dental Engineering Services Ltd for additional charges and expenses.
6.10. Charges are exclusive of applicable value-added tax.
6.11. Interest shall accrue on late payments.
7. Warranties
7.1. Parts warranties are subject to the manufacturer's terms.
7.2. Labor during annual service visits is warranted for 60 days.
7.3. A 90-day warranty is provided for breakdowns or faults subsequent to a call-out or repair visit.
8. Liability
8.1. Protech Dental Engineering Services Ltd shall not be held liable for indirect or consequential losses.
8.2. The maximum liability for any Customer Loss is confined to standard charges.
9. Force Majeure
9.1. Neither party shall be liable for delays or non-performance attributable to Force Majeure events.
10. Duration, Renewals, and Termination
10.1. The initial term spans 12 months and is renewable unless terminated.
10.2. Protech Dental Engineering Services Ltd reserves the right to terminate under specified circumstances.
10.3. Either party may terminate for breach or insolvency of the other party.
11. Nature of Agreement
11.1. The agreement is personal and may not be assigned without consent.
11.2. The agreement constitutes the entire understanding between the parties.
11.3. The parties acknowledge the terms of the agreement and disclaim implied conditions.
12. Notices and Service
12.1. Notices may be served by hand, post, facsimile, or electronic mail.
12.2. Notices dispatched by post are deemed delivered on the second day following posting.
12.3. Notices sent via facsimile or electronic mail are deemed delivered upon transmission.
Response Times:
Protect+ Total: Up to 6 ours.
Protect+ Standard: 24 hours/Next working day.
These terms govern the contractual relationship between the Customer and Protech Dental Engineering Services Ltd for dental equipment maintenance and repair services.