Mainstream Communication Systems Inc.
Service Agreement Conditions
Mainstream Communication Systems Inc., hereinafter, MCS INC. agrees to service and maintain the equipment specified in the agreement schedule in accordance with the following terms and conditions.
MCS INC. will furnish all necessary service, including parts, materials and labor, if so included under warranty, to maintain the equipment in good working condition, and service will be performed in a workmanlike manner with replacement parts of good quality. Normal maintenance work shall be performed during MCS INC. normal working hours, which are 8:00 am to 5:00 pm, Monday through Friday, except holidays. Service response will normally be provided for malfunctions, which originate within the equipment within one (1) working day of the Customer’s notification. Normal maintenance, all non-emergency service, performed due to Customer’s operational requirements outside the aforesaid working hours, will be billed in accordance with MCS INC. standard rates. Emergency service involving a total of substantial equipment outage (i.e. where the Customer’s equipment is unable to place or receive calls) will normally be provided within three (3) hours of Customer’s notification.
This agreement covers failure of the equipment caused by normal wear and tear and does not cover other failures, including but not limited to Acts of God (i.e. lightning) and electrical surges, alterations by anyone other than MCS INC. including improper wiring installation or repair, theft, accident, misuse, abuse, fire, wind or flood. Further, in such cases maintenance does not include labor and material cost of equipment. All repair or services requested by Customer, which are outside the scope of this agreement, will be furnished by MCS INC. applicable rates for time and materials then in effect. Maintenance services will be rendered as provided above, unless prevented by causes beyond MCS INC. reasonable control. MCS INC. shall have, and Customer hereby grants full and unrestricted access to the premises on which the equipment is located. MCS INC. is not responsible for any rigid conduit or raceway required for initial installation or subsequent service, and Customer agrees to supply required electrical facilities. Customer facilities shall be dry and free of dust, necessary elevator service, heat, light, and sanitary facilities shall be provided by Customer.
The Customer agrees to pay MCS INC. the charge set forth on the Agreement Schedule, plus applicable taxes or finance chargers. During the maintenance term, chargers shall be due and payable on the first day of the month following the effective date indicated on the Agreement Schedule.
The term of this agreement is one (1) year unless renewed. This equipment maintenance agreement shall be automatically renewed from year to year thereafter, unless Customer shall advice MCS INC. in writing of its intention to cancel this agreement. Cancellation of said agreement must be made prior to thirty days (30) before expiration of an annual date.
If equipment is added to the system subsequent to that which is listed on the Equipment Schedule, a new charge will be billed to Customer as soon as such charges are applicable. Initial contract maintenance beyond the warranty indicated above. MCS INC. may at its option, terminate this agreement by giving Customer ten (10) days written notice if Customer defaults in its payment to MCS INC. Chargers which are not paid when due shall be subject to a service charge of 1.5% per month or at the maximum rate permitted by law, whichever is the lesser.
In the performance of this agreement, MCS INC. shall be liable only for the expense of providing normal repair and maintenance service, but in no event be liable for any special or consequential damages, for loss, damage separately or in combination with any other equipment, personal injury or commercial loss. Further, no liability will arise if performance of such service is prevented by declared governmental emergencies, civil disturbances, strikes or other causes beyond MCS INC.’s control.
MCS INC. shall have the right to subcontract in whole or in part the maintenance work called for by this agreement. However, MCS INC. shall not be relieved of any liability under this agreement on account of a subcontract.
If other than MCS INC. authorized representative perform any repair, maintenance service or supplemental installation while the equipment is under the fixed rate provision of this agreement which in the opinion of MCS INC. increases the maintenance cost, thereof, MCS INC. shall so notify the Customer and an equitable adjustment shall be made. If no agreement can be reached on the increased cost, MCS INC. at its option may terminate this contract.
The provision contained in the Equipment Maintenance Agreement constitutes the entire agreement between MCS INC. and the Customer, and any alteration or modifications hereto must be in writing, reference this agreement and be executed by both parties. This agreement shall bind and benefit both parties hereto including their successors, designees and assigns.
MCS INC. shall, upon Customer’s request, provide services required for additions, moves and changes. on and removal of equipment at MCS INC. then current charges shall be in addition to the maintenance service charges.
Any failure by MCS INC. to enforce at any time the provisions of this agreement shall not be construed as a waiver of such provision or of the right of MCS INC. thereafter to enforce such provisions.
The captions here under are for the convenience of the parties and shall not control or effect the interpretations of construction of the agreement.
The effective date shall be that of the signed agreement.
MCS INC.