The company shall at it own discretion alter its charges and terms for servicing at the time of drafting or renewal of the agreement

  • The customer shall care for and operate the equipment in accordance with the instructions given by the company and the instructions provided in the instruction manual of the said equipment. And the Customer shall also use the said equipment solely for the purpose it was designed and not for any other purposes
  • The company shall not be liable for any damage to the said equipment caused by relocating, altering, attaching anything to repair or adjust equipment or any part thereof by the customer or any unauthorized personal. Such damage shall not be covered by the agreement
  • The company shall not be liable to the customer for any loss of customer data, information or programs whether or not it is used in conjunction with the said equipment
  • The company shall be under no obligation to furnish its services or the replacement of the equipment if it has been subject to physical or electric stress, neglect, act of sabotage, misuse, electrical storm, flood, failure of electrical power, air conditioning or humidifying equipment, terrorist damage or ordinary wear and tear in respect of the same
  • The customer shall provide at no charge to the company full and free access to the equipment as is necessary to provide the service and/or maintenance. If on arrival at the site the engineer of the company finds that sufficient and proper access to the equipment is not provided or that the call was not warranted then the company may exercise the right not to perform the service and to charge the customer for costs and other expenses reasonably incurred by the company for time so consumed for such services
  • The customer (or his employees) shall accompany the company personnel whilst entering and leaving the site for purposes of the agreement. The customer shall take all reasonable steps to protect the health and safety of the company personnel whilst on the site, including ensuring the presence of the customer or his employee in the equipment room with company personnel during the service
  • The company shall not be liable under any circumstances whatsoever for any loss of profit, loss of contract, or other consequential loss or damage suffered or incurred by the customer in respect of the said equipment
  • Maintenance services to be provided shall not include services in connection with the use of the equipment in conjunction with other equipment or software, the relocation of the equipment, the rewiring or re-routing of cables or the addition or removal of accessories, attachment, futures or other devices and /or for electrical work external to the equipment
  • Computer software which is included as part of the equipment shall not to be the responsibility of the company, save in that the company in its discretion may coordinate with the software manufacture or distributor to assist the customer when there is a material defect in the software
  • The customer shall not part with and /or assign the equipment or any rights, duties, and obligations arising out of but not limited to the agreement in whole or in part any person or entity without the prior written consent of the company
  • The company shall have the right to terminate the agreement upon five (5) days written notice to the customer if the customer its employees, agents or officers commit any breach of any terms or conditions contained in this agreement. The customer shall not be entitled to any refund as a result of such termination
  • After the first 12 months of maintenance this agreement maybe terminated by the customer upon a minimum of thirty (30) days written notice. The customer will not be entitled to any refund as a result of such termination
  • The company reserves the right to change the terms and conditions of this agreement upon sixty (60) days written notice to the customer
  • This agreement constitutes the entire contract between the parties here to with respect to the subject matter thereof. No amendment or waiver of any of the provision of this agreement shall be binding on the parties thereto unless made in writing by duly authorized representatives and accepted by both parties
  • The customer will not hold the company liable for any delay or failure on the part of the said company to perform its obligations under this agreement if such delay or failure caused is beyond the reasonable control of the said company

This agreement shall be governed by the laws of Sri Lanka.

If during the continuance of the said agreement or at any time afterwards any difference shall arise between the parties in regard to the construction of any of the provisions herein contained or to any division, act or thing to be made or done in pursuance hereto or to any other matter or thing relating to the said agreement the same will be forthwith referred to one arbitrator if the parties agree or otherwise to two arbitrators, one to be appointed by each party to the reference or to an umpire to be chosen by the arbitrators before entering upon the reference and every such reference shall be deemed to be an arbitration in accordance with and subject to the provisions of the Sri Lankan Arbitration act.