Service Agreement
1definition
＇abc＇ shall mean abc (china) electronics ltd ＇customer＇ shall mean the customer named in the agreement and ＇product＇ shall collectively mean the equipment and software which abc and customer agree to be serviced pursuant to this service agreement such product is listed on the first page of this agreement
2acceptance
the terms and conditions set forth on all twelve pages of this agreement is an offer to purchase service by customer which shall become a service agreement when acknowledged in writing by abc＇＇s service department and the banking negotiation or other use of any payment shall not constitute an acceptance by abc it is agreed that service shall be provided only on the terms and conditions contained in this agreement abc shall not be bound by terms and conditions in customer＇＇s purchase order or elsewhere unless expressly agreed to in writing both parties to this agreement agree that upon acceptance by abc＇＇s service department abc＇＇s interest in the agreement is assigned to abc inc (minc)
3 service defined
abc agrees to provide service for the customer for the product listed on the first page of this agreement such products shall be serviced according to the terms and conditions on all twelve pages of this agreement (＇service＇) the service shall begin and end on the dates set forth on the first page of this agreement abc shall also service other product manufactured by minc or minc＇＇s subsidiaries and purchased by customer during the term of this agreement on the same terms and conditions set forth in this agreement at the then current service fees for such product upon delivery of such other product to customer service fees for service of such other product shall be added to the billing cycle following expiration of the labor warranty on such other product in the event of loss damage theft or removal from service of any product customer shall immediately report the loss damage theft or removal in writing to abc in this event customer＇＇s obligation to pay service fees with respect to any such product shall terminate at the end of the month in which abc receives such written report
mobile product shall be removed and reinstalled in different vehicles at customer＇＇s request for the service fee in effect at the time of customer＇＇s request
this agreement does not include service of any transmission line antenna tower or tower lighting unless such work is described on the first page of this agreement service shall include the labor and parts required to repair product which has become defective through normal wear and usage this does not include consumable and their installation service does not include the repair or replacement of product which has otherwise become defective including but not limited to damage caused by accidents physical or electronic abuse or misuse acts of god fires or other casualty service performed for noncovered repairs shall be billed at abc＇＇s above contract rate applicable for such service product under contract must be maintained in environmental conditions as set forth in the product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this agreement
where telephone lines and product are used in conjunction with abc maintained product abc shall have no obligation or responsibility for such telephone lines or product but shall upon request assist the telephone company in repairing such upon payment at the appropriate above contract rate
customer shall indicate on the first page of this agreement any product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status
at the expiration of twelve (12) months after the commencement of service hereunder (or any time thereafter) if product cannot in abc＇＇s opinion be properly or economically repaired because (but not limited to) excessive wear deterioration or unavailability of parts abc at its sole option upon thirty (30) days prior written notice to customer sent by certified mail may either (1) remove such product from this agreement or (2) may increase the price to service such product customer shall have thirty (30) days from receipt of notice of price increase to object to such increase if customer properly objects to such increase abc shall then have the option to remove such product from coverage by this agreement customer＇＇s obligation to pay service fees with respect to product removed from this agreement shall terminate at the end of the month during which such product is removed
the product shall be serviced by abc in accordance with the following standards (i) abc parts or parts equal quality shall be used (ii) the product shall be serviced at levels set forth in abc＇＇s product manuals and (iii) routine service procedures prescribed from time to time by abc for its product shall be followed
5 time and place of service
service shall be done at the location specified on the first page of this agreement where service is to be performed at the location of the product customer shall furnish shelter heat light and power at these locations customer shall notify abc immediately of product failure allow abc full and free access to the product and cooperate fully with abc in abc＇＇s servicing of the product waiver of liability by abc against customer or other restrictions shall not be imposed by customer as a site access requirement customer shall allow abc full and free access to the product customer shall allow abc to use necessary machines communications facilities features and other product (except as normally supplied by abc) at no charge mobiles and removable product shall be delivered by customer to the abc service center indicated on the first page of this agreement
hours of service under this agreement shall be the normal working hours excluding holidays of abc＇＇s service center unless otherwise indicated on the first page of this agreement
6 paymenttaxes
each payment is due on or before the date set forth on the first page of this agreement abc may terminate this agreement by giving customer ten (10) days notice by certified mail if customer defaults in its payment to abc customer shall reimburse abc for all property taxes sales and use taxes excise taxes and the taxes or assessments now or hereafter imposed by authority of any national or local law rule or regulation with respect to the service of the product except income taxes or other legally reimbursable taxes of abc
7 right to subcontract
abc shall have the right to subcontract in whole or in part the service called for by this agreement abc shall notify customer of the name and address of each subcontractor
8 revision of fees
prior to an anniversary of the ＇expiration date＇ indicated on the first page of this agreement abc may revise the service fees set forth on the first page of this agreement by giving customer written notice of the amount of the increase at least sixty (60) days in advance of that anniversary date upon receipt of any such notice customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) days prior written notice to abc sent by certified mail to the address indicated in this agreement otherwise the new fees shall become effective on the anniversary date in the event of such termination all accrued and unpaid charges shall be due and payable immediately upon termination
9 automatic renewal
after the expiration date indicated on the first page of this agreement this agreement shall continue for successive additional periods of one year provided that either abc or customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this agreement
10 interruption of service
customer shall notify the servicing agency in the event of the failure of any product if the servicing agency fails to repair the product within a reasonable time customer shall notify the abc office designated by abc after said notice from customer to the servicing agency and to the abc office designated by abc abc shall be liable for any interruption or interference affecting the use or transmission through the product maintained to the extent of a pro rata allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of abc or its subcontractor abc does not assume and shall have no ability under this agreement for failure to provide or delay in providing service for the product due directly or indirectly to causes beyond the control of abc including but not restricted to acts of god acts of the public enemy acts of the prc the united states any state territory of the united states or any political subdivision of the foregoing or the district of columbia acts of failure to act of the customer its agents employees or subcontractors fires floods casualty epidemics quarantine restrictions strikes freight embargoes and unusually severe weather conditions or defaults of abc subcontractors due to any such causes
11 warranty limitations
except as specified in this agreement abc disclaims all warranties express or implied including without limitation the implied warranties of merchantability and fitness for a particular purpose in no event shall abc be liable for incidental or consequential damages to the full extent such may be disclaimed by law
12 srrc or mpt and other government matters
although abc may assist in preparation of the srrc or mpt license application customer is solely responsible for obtaining any licenses or other authorizations required by the state radio regulatory commission (＇srrc＇) or ministry of post and telecommunication or any other national andor local governmental agency customer is solely responsible for complying with applicable srrc or mpt rules and regulations and the applicable rules and regulations of any other national andor local governmental agency neither abc nor any of its employees is an agent of customer in srrc or mpt or other governmental matters abc however may assist in preparation of the srrc or mpt license application at no charge to customer
13 entire agreement
customer acknowledges that it has read and understands the terms and conditions of the agreement and agrees to be bound by them that it is the complete and conclusive statement of the agreement between the parties and that this agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements oral and written heretofore made between abc and customer are merged in this agreement which alone fully and completely expresses their agreement
14 amendment
no modification of or additions to this agreement shall be binding upon abc unless such modification is in writing and signed by the abc division service vice president authorized to make such revisions and an authorized agent of customer
15 validity
if any term or provision of this agreement shall to any extent be held by a court or other tribunal to be invalid void or unenforceable then that term or provision shall be inoperative and void insofar as it is in conflict with law but the remaining terms and provisions of this agreement shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed and enforced as if this agreement did not contain the particular term or provision held to be invalid void or unenforceable
16 headings
section and paragraph headings used in this agreement are for convenience only and are not to be deemed or construed to be part of this agreement
17 law
this agreement and the rights and duties of the parties shall be governed and interpreted in accordance with the laws of the prc
18 assignment
no assignment or transfer in whole or in part of this agreement by customer shall be binding upon abc without its prior written consent
19 waiver
failure or delay on the part of abc or customer to exercise any right power or privilege under this agreement shall not operate as a waiver of any right power or privilege of this agreement
20 time to sue
except for money due upon an open account no action shall be brought for any breach of this agreement more than two (2) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law
21 language
this agreement is executed in both chinese and english versions in case of any discrepancy the english version shall prevail
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1definition
＇abc＇ shall mean abc (china) electronics ltd ＇customer＇ shall mean the customer named in the agreement and ＇product＇ shall collectively mean the equipment and software which abc and customer agree to be serviced pursuant to this service agreement such product is listed on the first page of this agreement
2acceptance
the terms and conditions set forth on all twelve pages of this agreement is an offer to purchase service by customer which shall become a service agreement when acknowledged in writing by abc＇＇s service department and the banking negotiation or other use of any payment shall not constitute an acceptance by abc it is agreed that service shall be provided only on the terms and conditions contained in this agreement abc shall not be bound by terms and conditions in customer＇＇s purchase order or elsewhere unless expressly agreed to in writing both parties to this agreement agree that upon acceptance by abc＇＇s service department abc＇＇s interest in the agreement is assigned to abc inc (minc)
3 service defined
abc agrees to provide service for the customer for the product listed on the first page of this agreement such products shall be serviced according to the terms and conditions on all twelve pages of this agreement (＇service＇) the service shall begin and end on the dates set forth on the first page of this agreement abc shall also service other product manufactured by minc or minc＇＇s subsidiaries and purchased by customer during the term of this agreement on the same terms and conditions set forth in this agreement at the then current service fees for such product upon delivery of such other product to customer service fees for service of such other product shall be added to the billing cycle following expiration of the labor warranty on such other product in the event of loss damage theft or removal from service of any product customer shall immediately report the loss damage theft or removal in writing to abc in this event customer＇＇s obligation to pay service fees with respect to any such product shall terminate at the end of the month in which abc receives such written report
mobile product shall be removed and reinstalled in different vehicles at customer＇＇s request for the service fee in effect at the time of customer＇＇s request
this agreement does not include service of any transmission line antenna tower or tower lighting unless such work is described on the first page of this agreement service shall include the labor and parts required to repair product which has become defective through normal wear and usage this does not include consumable and their installation service does not include the repair or replacement of product which has otherwise become defective including but not limited to damage caused by accidents physical or electronic abuse or misuse acts of god fires or other casualty service performed for noncovered repairs shall be billed at abc＇＇s above contract rate applicable for such service product under contract must be maintained in environmental conditions as set forth in the product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this agreement
where telephone lines and product are used in conjunction with abc maintained product abc shall have no obligation or responsibility for such telephone lines or product but shall upon request assist the telephone company in repairing such upon payment at the appropriate above contract rate
customer shall indicate on the first page of this agreement any product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status
at the expiration of twelve (12) months after the commencement of service hereunder (or any time thereafter) if product cannot in abc＇＇s opinion be properly or economically repaired because (but not limited to) excessive wear deterioration or unavailability of parts abc at its sole option upon thirty (30) days prior written notice to customer sent by certified mail may either (1) remove such product from this agreement or (2) may increase the price to service such product customer shall have thirty (30) days from receipt of notice of price increase to object to such increase if customer properly objects to such increase abc shall then have the option to remove such product from coverage by this agreement customer＇＇s obligation to pay service fees with respect to product removed from this agreement shall terminate at the end of the month during which such product is removed
the product shall be serviced by abc in accordance with the following standards (i) abc parts or parts equal quality shall be used (ii) the product shall be serviced at levels set forth in abc＇＇s product manuals and (iii) routine service procedures prescribed from time to time by abc for its product shall be followed
5 time and place of service
service shall be done at the location specified on the first page of this agreement where service is to be performed at the location of the product customer shall furnish shelter heat light and power at these locations customer shall notify abc immediately of product failure allow abc full and free access to the product and cooperate fully with abc in abc＇＇s servicing of the product waiver of liability by abc against customer or other restrictions shall not be imposed by customer as a site access requirement customer shall allow abc full and free access to the product customer shall allow abc to use necessary machines communications facilities features and other product (except as normally supplied by abc) at no charge mobiles and removable product shall be delivered by customer to the abc service center indicated on the first page of this agreement
hours of service under this agreement shall be the normal working hours excluding holidays of abc＇＇s service center unless otherwise indicated on the first page of this agreement
6 paymenttaxes
each payment is due on or before the date set forth on the first page of this agreement abc may terminate this agreement by giving customer ten (10) days notice by certified mail if customer defaults in its payment to abc customer shall reimburse abc for all property taxes sales and use taxes excise taxes and the taxes or assessments now or hereafter imposed by authority of any national or local law rule or regulation with respect to the service of the product except income taxes or other legally reimbursable taxes of abc
7 right to subcontract
abc shall have the right to subcontract in whole or in part the service called for by this agreement abc shall notify customer of the name and address of each subcontractor
8 revision of fees
prior to an anniversary of the ＇expiration date＇ indicated on the first page of this agreement abc may revise the service fees set forth on the first page of this agreement by giving customer written notice of the amount of the increase at least sixty (60) days in advance of that anniversary date upon receipt of any such notice customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) days prior written notice to abc sent by certified mail to the address indicated in this agreement otherwise the new fees shall become effective on the anniversary date in the event of such termination all accrued and unpaid charges shall be due and payable immediately upon termination
9 automatic renewal
after the expiration date indicated on the first page of this agreement this agreement shall continue for successive additional periods of one year provided that either abc or customer may terminate this agreement on the expiration date or any anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this agreement
10 interruption of service
customer shall notify the servicing agency in the event of the failure of any product if the servicing agency fails to repair the product within a reasonable time customer shall notify the abc office designated by abc after said notice from customer to the servicing agency and to the abc office designated by abc abc shall be liable for any interruption or interference affecting the use or transmission through the product maintained to the extent of a pro rata allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of abc or its subcontractor abc does not assume and shall have no ability under this agreement for failure to provide or delay in providing service for the product due directly or indirectly to causes beyond the control of abc including but not restricted to acts of god acts of the public enemy acts of the prc the united states any state territory of the united states or any political subdivision of the foregoing or the district of columbia acts of failure to act of the customer its agents employees or subcontractors fires floods casualty epidemics quarantine restrictions strikes freight embargoes and unusually severe weather conditions or defaults of abc subcontractors due to any such causes
11 warranty limitations
except as specified in this agreement abc disclaims all warranties express or implied including without limitation the implied warranties of merchantability and fitness for a particular purpose in no event shall abc be liable for incidental or consequential damages to the full extent such may be disclaimed by law
12 srrc or mpt and other government matters
although abc may assist in preparation of the srrc or mpt license application customer is solely responsible for obtaining any licenses or other authorizations required by the state radio regulatory commission (＇srrc＇) or ministry of post and telecommunication or any other national andor local governmental agency customer is solely responsible for complying with applicable srrc or mpt rules and regulations and the applicable rules and regulations of any other national andor local governmental agency neither abc nor any of its employees is an agent of customer in srrc or mpt or other governmental matters abc however may assist in preparation of the srrc or mpt license application at no charge to customer
13 entire agreement
customer acknowledges that it has read and understands the terms and conditions of the agreement and agrees to be bound by them that it is the complete and conclusive statement of the agreement between the parties and that this agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements oral and written heretofore made between abc and customer are merged in this agreement which alone fully and completely expresses their agreement
14 amendment
no modification of or additions to this agreement shall be binding upon abc unless such modification is in writing and signed by the abc division service vice president authorized to make such revisions and an authorized agent of customer
15 validity
if any term or provision of this agreement shall to any extent be held by a court or other tribunal to be invalid void or unenforceable then that term or provision shall be inoperative and void insofar as it is in conflict with law but the remaining terms and provisions of this agreement shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed and enforced as if this agreement did not contain the particular term or provision held to be invalid void or unenforceable
16 headings
section and paragraph headings used in this agreement are for convenience only and are not to be deemed or construed to be part of this agreement
17 law
this agreement and the rights and duties of the parties shall be governed and interpreted in accordance with the laws of the prc
18 assignment
no assignment or transfer in whole or in part of this agreement by customer shall be binding upon abc without its prior written consent
19 waiver
failure or delay on the part of abc or customer to exercise any right power or privilege under this agreement shall not operate as a waiver of any right power or privilege of this agreement
20 time to sue
except for money due upon an open account no action shall be brought for any breach of this agreement more than two (2) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law
21 language
this agreement is executed in both chinese and english versions in case of any discrepancy the english version shall prevail
文档香网(httpswwwxiangdangnet)户传
《香当网》用户分享的内容，不代表《香当网》观点或立场，请自行判断内容的真实性和可靠性！
该内容是文档的文本内容，更好的格式请下载文档